Re: [greenyes] any laws requiring public tours of landfills?--Public Records Act???

["Toni Stein" <tweil@no.address>]

Hey Eric--
Here's an idea to leverage your way in--:

If the landfill is part owned or operated by the City or County, then you may be in luck at least if your State has a Public Records Act.    

I think you could creatively argue that the landfill itself is a public record since it's design is a topic of City and County business (since it goes through siting and permitting)  As a result the actual land is a matter of business since there are engineering drawings and other specifications that as it is built it must comply with.  As a result the actual landfill structure could be considered an entity of significance with respect to State, or local compliance.  And if State or local inspections occur at the landfill then the "landfill" would be the subject of a state or local inspector's inspection report and thus the public should be able to have access to see the landfill that the inspector communicates about.  

http://www.thefirstamendment.org/publicrecordsact.pdf



THE BASICS

The Public Records Act is designed to give the

public access to information in possession of

public agencies: : "public records are open to

inspection at all times during the office hours of

the.agency and every person has a right to

inspect any public record, except as . . . provided,

[and to receive] an exact copy" of an

identifiable record unless impracticable 

WHAT'S COVERED

· "Records" include all communications related to

public business "regardless of physical form or

characteristics, including any writing, picture,

sound, or symbol, whether paper,., magnetic or

other media." (§ 6252(e)) Electronic records are

included, but software may be exempt. (§§

6253.9(a),(g), 6254.9 (a),(d))

 

WHAT MUST HAPPEN

· Access is immediate and allowed at all times

during business hours. (§ 6253(a)) Staff need

not disrupt operations to allow immediate access,

but a decision whether to grant access

must be prompt. An agency may not adopt rules

that limit the hours records are open for viewing

and inspection. (§§ 6253(d); 6253.4(b))

· The agency must provide assistance by helping

to identify records and information relevant to

the request and suggesting ways to overcome

any practical basis for denying access. 



Best 

Antoinette "Toni" Stein, PhD
800 Magnolia Street
Menlo Park, CA 94025

Telephone:  650-853-0314
cell:              650-823-7662
tweil@no.address

  From: Eric Lombardi 
  To: greenyes@no.address 
  Sent: Thursday, October 06, 2005 3:46 PM
  Subject: [greenyes] any laws requiring public tours of landfills?


  Does anyone know of any state or local law that requires a landfill to allow public tours?   

   

  Eric Lombardi

  Executive Director

  Eco-Cycle Inc

  303-444-6634

  www.ecocycle.org

   

   "Anything that changes your values, changes your behavior"
  George Sheehan.