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Pending FOIAs - Need Cost Estimates Prepared

Date: Monday, November 30, 2015 7:49:46 PM Importance: High FYI, this afternoon | spoke with Tom Quasarano, Assistant Attorney General who advises state agencies on the FOIA. He said that we need to provide the requester with only a cost estimate by the response due date to avoid a court awarding fines/damages/fees/costs to the requester under Section 10 of the FOIA. Tom said that cost estimate would include all estimated technical and administrative staff time to review and produce the records, but the records do not first need to be reviewed by staff before an estimate is provided to the requester. That being said, please plan to provide Tamara Mankel ASAP the LDO cost estimate for any past due Flint water-related FOIA requests so she can forward it to the requester(s). In the meantime, Tom is going to provide me with language to respond to the requesters who are continually e-mailing me about the status of their FOIA requests. Thanks much! xxxEND_PAGE:deq04_b317_4493_4493_1

RE: FOIA request from Phelps - 6422-15

As we discussed, yes, please e-mail the three PDF documents to him at [email protected] as | understand that ODWMA will provide the documents at no charge. FYI, | also spoke with Lori Carter of the Accounting Service Center, who told me the $50 FOIA deposit check has not yet been processed so once they receive it, she will have it returned to me to be voided and returned to Rep. Phelps. Thanks.

FW: FOIA request from Phelps - 6422-15

FYI, Maggie Pallone previously told me that she spoke with Rep. Phelps about his attached FOIA request. He told her that he would get back with her about whether or not he wanted to cancel his request. Maggie has since contacted his office 3 additional times to follow up, but no one has contacted her. That being said, late this afternoon, Maggie said to go ahead and treat his request as a FOIA after all. In addition, today Sylvia Renteria sent his $50 FOIA good faith deposit check to the Cashier's Office to be deposited due to the year-end closing deadline to deposit checks and is having it credited to ODWMA (see attached). It turns out that the Executive Division does not have any of the requested records. However, ODWMA has three documents in the attached e-mail from Tracy Jo Devereaux that are responsive 1 xxxEND_PAGE:deq24_b157_0395_0396_1 according to my conversation today with Steve Busch, so ODVWMA will need to provide Rep. Phelps with those documents, apply the cost against the $50 check, and either have a refund issued if the total cost is less than $50 or invoice Rep. Phelps for any additional amount over $50. Please let me know if you need anything else from me. Thanks. Karen

RE: 6429-Appeal - due on or before 9/21/2015

That is correct. It should not be something that involved executive staff. However, | can only speak to any call(s) | would have participated in. District may have had their own calls to and from Flint and will each need to provide information they have. Stephen Busch, P.E. MDEQ Lansing District Coordinator Office of Drinking Water and Municipal Assistance Lansing and Jackson District Supervisor 517-643-2314 [email protected]

RE: 6429-Appeal - due on or before 9/21/2015

Steve, Can | assume that the conference call Mr. Edwards is referring to involved ODWMA staff and not Executive Division staff (meaning that this FOIA is only intended for ODWMA to respond to)? Note that the Lead and Copper Report he attached to his appeal included this comment from the city of Flint: “Revised report after conference call with DEQ staff....” Please confirm. Thanks! FYI, I’m including a cc to Liane because she asked me to forward Mr. Edwards’ FOIA requests to her last Friday.

RE: 6429-Appeal - due on or before 9/21/2015

6429. pdf Steve, Can | assume that the conference call Mr. Edwards is referring to involved OOWMA staff and not Executive Division staff (meaning that this FOIA is only intended for ODWMA to respond to)? Note that the Lead and Copper Report he attached to his appeal included this comment from the city of Flint: “Revised report after conference call with DEQ staff....” Please confirm. Thanks! FYI, I’m including a cc to Liane because she asked me to forward Mr. Edwards’ FOIA requests to her last Friday.

Letter from Northern Concrete Pipe, Inc.

Hi Steve, Attached is a PDF of the letter we discussed. Since it was sent to Lansing District Office’s P.O. Box and is about furnishing “water and/or sewer & related underground construction materials” to Eagle Excavation in Flint, I’m wondering if this has to do with the Flint water system. Please confirm. If it’s not intended for ODWMA, then I'll Keep checking around. Thanks! xxxEND_PAGE:deq16_b5_0892_4900_0858