crisis
FOR IMMEDIATE RELEASE: Contact: Rep. Phil Phelps
Thursday, Oct. 1, 2015 Phone: (517) 373-7515
xxxEND_PAGE:treasury01_b35_5648_6098_016
Statement from state Rep. Phil Phelps (D-Flushing) on his FOIA requests
pertaining to the City of Flint water crisis being denied:
“Residents of the City of Flint face a substantial health risk due to contaminants found in their
drinking water. In an effort to not politicize this situation, I have been working directly with
state and local officials in seeking important information and attempting to correct the City’s
water crisis. Unfortunately, I have been faced with continual road blocks in my requests for
information. It has been nearly a month since I submitted Freedom of Information Act (FOIA)
requests to the State and the City of Flint requesting to see documents related to the City’s switch
to using water from the Flint River. I requested the applications and permits required by law to
change a city’s source of water. So far, the State Treasury has violated FOIA by not providing
any information or even a denial. The Department of Environmental Quality (DEQ) and City of
Flint have denied my request saying that the documents I requested do not exist. However, state
law requires Michigan cities to apply for a permit from the DEQ to switch their source of water.
Violation of this law is punishable by a fine of $5,000 per day and possible incarceration. I find it
hard to believe that the DEQ and the City of Flint ignored such a critical step, not to mention one
that the cost in fines alone would already be roughly $2.5 million and cause those responsible to
be subject to criminal prosecution.
“My request for these documents was meant to be a fact-finding mission to ascertain the degree
to which the State knew about or took any action to determine the potential hazards of making
this switch prior to being officially ordered by the State-appointed Emergency Manager. Since
the State has decided not to disclose this information to me, it is unclear the extent to which the
State is culpable. I believe the bottom line here is that the decision to switch the source of Flint’s
water to the Flint River was made by the Emergency Manager appointed by Governor Snyder
and the burden is on his shoulders to make this right.
“The use of the river water has caused a great amount of destruction to the City’s water
infrastructure, and it has put the residents who use the water in harm’s way. To help continue this
fight for information, I have retained attorney Keith D. Flynn of the law firm Miller Cohen
P.L.C. to further evaluate my legal options. My position and recommendation to the Governor on
this issue is that the State should immediately switch Flint’s water source back to the Detroit
Water System at no additional cost to Flint residents and supply water filters to every household
in Flint.
“Furthermore, the State should begin to estimate costs for the total damage done to the City’s
public works infrastructure and for the treatment of potential adverse health outcomes we could
see in Flint residents in the future and allocate expenditures to correct this problem.”
Rosie Jones
Deputy Press Secretary
Michigan House Democrats
0: 517.373.3731
C: 734.657.6413
housedems.com
xxxEND_PAGE:treasury01_b35_5648_6098_017
89 (Rev 04-15)
STATE OF MICHIGAN
RICK SNYDER DEPARTMENT OF TREASURY NICK A. KHOURI
GOVERNOR LANSING STATE TREASURER
September 15, 2015
Mr. Phil Phelps
819 Main Street
Unit A
Flushing, MI 48433
Dear Mr. Phelps:
This notice is issued in response to your request dated September 4, 2015, which you submitted
under the Freedom of Information Act (FOIA), MCL 15.231 et seg. Your request was received
in the Department of Treasury (Department) by electronic mail on September 8, 2015.
You have requested records which you describe as: 1) All documents the Michigan Department
of Treasury, or its agents, has in its possession, including correspondence, related to any waivers,
permits or applications to use the Flint River as a source for water and/or drinking water for the
City of Flint or any other municipality or municipal entity; 2) All documents the Michigan
Department of Treasury, or its agents, has in its possession, including correspondence, related to
any communications between the Michigan Department of Environmental Quality, or its agents,
and the Michigan Department of Treasury, or its agents, regarding any waivers, permits or
applications to use the Flint River as a source for water and/or drinking water for the City of
Flint or any other municipality or municipal entity; 3) All documents the Michigan Department
of Treasury has in its possession, including correspondence, related to any communications
between the Michigan Department of Treasury, or its agents, and the Office of the Governor of
the State of Michigan, or its agents, regarding any waivers, permits or applications to use the
Flint River as a source for water and/or drinking water for the City of Flint or any other
municipality or municipal entity.
In order to search for records in the possession of the Department that may fall within the scope
of your request, under section 5(2)(d) of the FOIA, MCL 15.235(2)(d), the Department is
extending by ten business days the period to respond. We will issue a written notice no later
than September 29, 2015.
Sincerely,
Co: “MY kel erate
Carla M. Robert
FOIA Coordinator
PO BOX 30713 « LANSING, MICHIGAN 48809
www michigan govilreasury ¢ 517-373-3200
xxxEND_PAGE:treasury01_b35_5648_6098_018
89 (Rev 04-13)
STATE OF MICHIGAN
RICK SNYDER DEPARTMENT OF TREASURY NICK A. KHOURI
GOVERNOR LANSING STATE TREASURER
September 29, 2015
Mr. Phil Phelps
819 Main Street
Unit A
Flushing, MI 48433
Dear Mr. Phelps:
This notice is issued in response to your request dated September 4, 2015, which you submitted
under the Freedom of information Act (FOIA), MCL 15.231 et seg. Your request was received
in the Department of Treasury (Department) by electronic mail on September 8, 2015. As set
forth in the Department’s September 15, 2015 notice, a statutory extension of time to respond
was taken through September 29, 2015.
You have requested records which you describe as: 1) All documents the Michigan Department
of Treasury, or its agents, has in its possession, including correspondence, related to any waivers,
permits or applications to use the Flint River as a source for water and/or drinking water for the
City of Flint or any other municipality or municipal entity; 2) All documents the Michigan
Department of Treasury, or its agents, has in its possession, including correspondence, related to
any communications between the Michigan Department of Environmental Quality, or its agents,
and the Michigan Department of Treasury, or its agents, regarding any waivers, permits or
applications to use the Flint River as a source for water and/or drinking water for the City of
Flint or any other municipality or municipal entity; 3) All documents the Michigan Department
of Treasury has in its possession, including correspondence, related to any communications
between the Michigan Department of Treasury, or its agents, and the Office of the Governor of
the State of Michigan, or its agents, regarding any waivers, permits or applications to use the
Flint River as a source for water and/or drinking water for the City of Flint or any other
municipality or municipal entity.
To the extent we understand your description, your request is denied. After a thorough search of
Department records, to the best of the undersigned’s knowledge, information and belief, no such
records as you describe, or by any other name reasonably known to the Department, regarding
any “waivers, permits or applications to use the Flint River as a source for water and/or drinking
water for the City of Flint or any other municipality or municipal entity,” exist in the Department
of Treasury.
PO BOX 20716 « LANSING, MICHIGAN 48809
were michigan govfressury « 617-373-3200
xxxEND_PAGE:treasury01_b35_5648_6098_019
Mr. Phil Phelps
Page 2
September 29, 2015
In an effort to be cooperative, you may wish to contact the Department of Environmental Quality
as they may have records responsive to your request.
As to the denial of your FOIA request, the Department is obligated to inform you that under
section 10 of the FOIA, MCL 15.240 you may do the following:
1. Appeal this decision in writing to the State Treasurer, Michigan Department of Treasury,
P.O. Box 30716, Lansing, MI 48909. The writing must specifically state the word
“appeal” and must identify the reason or reasons you believe the denial should be
reversed. The Department must respond to your appeal within 10 days of its receipt.
Under unusual circumstances, the time for response to an appeal may be extended by 10
business days.
2. File an action in the appropriate court within 180 days after the date of the final
determination to deny the request. If you prevail in such an action, the court is to award
reasonable attomey fees, costs, and disbursements, and possible damages.
Pursuant to section 4 of the FOLA, MCL 15.234, the Department’s FOIA procedures, guidelines
and written summary can be found on the Department’s website at the following link:
ttp://michigan.gov/ 79, 7-121-72699-35792
Sincerely,
Cr Ly y we
Carla M. Robert
FOIA Coordinator
xxxEND_PAGE:treasury01_b35_5648_6098_020
Workman, Wayne (TREASURY)