To: Town of Greenwich Clerk
Copy: Greenwich Town Attorney
From: Bill Effros
Subject: Whack-A-Mole GHS MISA ACE PCB EPCRA LEPC SERC TSCA
FEMA NFR OSHA EPA CWA DHS HHS NIMS CRCLA FOIA Bafflegab
Date: October 24, 2011
Dear Ms. Budkins:
I have properly made FOIA requests for more than a thousand documents legally required to be located in The Town Clerk Office located at 101 Field Point Road.
Instead of documents, my requests have been met with bafflegab.
When anyone makes a FOIA request The Town has just 2 options:
1. Immediately produce the document(s).
2. Immediately deny access to the document(s) with an explanation.
Failure to take either of these actions within 4 days is tantamount to an unexplained denial that can be appealed to The Freedom of Information Act Commission within 30 days of the denial--an appeal I have made repeatedly.
I did not ask to see MISA Building Committee minutes. The Board of Education does not have the documents I asked to see. If the documents I asked to see exist at all, according to FEMA, they must be available to the public in your office. If you do not have the documents I asked to see, you must tell me so, and you must explain to me why you do not have the documents.
According to the Federal Emergency Management Agency (FEMA) National Response Framework Resource Center (NFR-RC) National Incident Management System (NIMS) web site, pursuant to the Emergency Release Notification Requirements (Section 304) of the Emergency Planning and Community Right-to-Know Act (EPCRA) every document relating, in any way, to the discovery of Polychlorinated Biphenyls (PCBs) while building the Music Instruction Space and Auditorium (MISA) parking lots without required Army Corp of Engineers (ACE) permits at a facility legally known as 10 Hillside Road, Greenwich, Connecticut 06830 (Greenwich High School—GHS) is located in Local Emergency Planning Committee (LEPC) files at 101 Field Point Road, Greenwich, Connecticut 06830 in the office of The Town Clerk, available 24/7/365, and must be reported to the Connecticut State Emergency Response Commission (SERC); Connecticut Department of Energy and Environmental Protection (DEEP); Army Corps of Engineers (ACE); Toxic Substances Control Act Administrator (TSCA); United States Coast Guard (USCG); as well as literally hundreds of other municipal, state, and federal boards, agencies, and departments.
If you do not have these documents; or if the Town of Greenwich reopened GHS without ever properly evacuating, testing, and reporting this Toxic Substances Control Act (TSCA) "incident" to the Department of Homeland Security (DHS) in violation of Clean Water Act (CWA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA --"Superfund"), Occupational Safety and Health Agency (OSHA), FEMA, Department of Health and Human Services (HHS), and Advisory Council on Historic Preservation (ACHP) legislation, among others; or never bothered to create, or implement, a Local Emergency Planning Committee, (LEPC) you are required to immediately tell me so.
The public has a legal right to know how much deadly poison has been discovered on this school site built without permits on illegally deposited landfill; how the lives of our schoolchildren, teachers and community have been protected; and how government agencies determined the remediation conducted to date is both legal and sufficient.
PCB remediation is a deadly serious business immediately and directly affecting the lives of our children, teachers, and community. It is not a game of "Whack-A-Mole".
Bill Effros
Bill@Effros.com
On Wed, Oct 19, 2011 at 11:17 AM, Town Clerk <Town.Clerk@greenwichct.org> wrote:
The Town Clerk has the posting of the meetings of the MISA Committee
and their minutes
the other materials you are requested can be obtained from the Board of Education
To: Greenwich Town Clerk Carmella C. Budkins
From: Bill Effros
Copy: Connecticut Department of Energy and Environmental Protection (DEEP)
Connecticut Toxics Action Center
Connecticut Freedom of Information Commission Hearing Officer Ms. Lisa Seigel
Greenwich Board of Education
Greenwich Board of Estimate and Taxation
Greenwich Board of Selectmen
Greenwich District 7 Representative Town Meeting Members
Greenwich Town Attorney
United States Environmental Protection Agency
Subject: Emergency Planning and Community Right-to-Know Act (EPCRA)
Local Emergency Planning Committee (LEPC) Records
Date: Oct. 17, 2011
Dear Ms. Budkins:
I received the attached "MISA Update" describing emergency PCB remediation at Greenwich High School from Ms. Kim Eves, Director of Communications, Greenwich Public Schools, on Saturday morning, Oct. 15, 2011. According to the Environmental Protection Agency, all Local Emergency Planning Committee (LEPC) Records can be found in your office at 101 Field Point Road pursuant to The Emergency Planning and Community Right-to-Know Act (EPCRA).
Pursuant to Connecticut Freedom of Information Act Commission testimony by The Greenwich Town Attorney, Mr. John Wayne Fox, on September 27, 2011 with regard to PCB remediation at 10 Hillside Road, please immediately advise if the following documents are in your files located in Town Hall, and if so, when it would be convenient for me to come to your office to see them:
1. Certified Mail Notification to all abutting and downstream property owners that measurable PCB concentrations have been discovered at the 10 Hillside Road facility.
2. Notice filed by your office in a Greenwich newspaper of record that measurable PCB concentrations have been discovered at the 10 Hillside Road facility.
3. A PCB remediation waiver for 10 Hillside Road signed after July 1, 2011 by the Commissioner of The Connecticut Department of Energy and Environmental Protection, (DEEP) Mr. Daniel C. Esty.
4. The Agendas of all LEPC 10 Hillside Road PCB meetings, filed in your office 24 hours before the meetings took place.
5. Newspaper notice of all LEPC 10 Hillside Road PCB meetings filed by your office prior to the meetings.
6. The minutes of all LEPC 10 Hillside Road PCB meetings.
7. A record of all votes taken at all LEPC 10 Hillside Road PCB meetings.
8. The 10 Hillside Road "Facility Site Plan" submitted by LEPC to the EPA Emergency Planning Board.
9. Identification of facilities and transportation routes of extremely hazardous substances.
10. The description of emergency response procedures, on and off site.
11. The designated community coordinator and facility emergency coordinator(s) to implement the plan.
12. The outline of emergency notification procedures.
13. The description of how the probable affected area and population releases were determined.
14. The description of local emergency equipment and facilities and the persons responsible for them.
15. The outline of evacuation plans.
16. The training program for emergency responders (including schedules).
17. The methods and schedules for exercising emergency response plans.
Thanking you in advance for your attention to this emergency situation concerning the lives and health of our schoolchildren, teachers, and community members, I remain,
Respectfully,
Bill Effros
(10 Hillside Road Abutting Property Owner)
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