Knowing When to Use the Right to Know Law
On January 1, 2009, PADEP began implementing its new Public Access to Information and Right to Know Law Policy. Copies of the new policy are available on PADEP's website. Go to www.depweb.state.pa.us/dep/site/default.asp and click on Right-to-Know on the left side column. I've just had my first experience with the Department's implementation of the Right to Know Law, and it taught me that you need to be very careful in how you request documents from the Department, now that the new policy is in place.
This new policy was developed by PADEP pursuant to the Pennsylvania Right-to-Know Law and Commonwealth Management Directive 205.36, which required all Commonwealth agencies to develop written procedures and procedures regarding access to public information. The new policy applies to all PADEP offices, most importantly to its six regional offices which hold the vast majority of the public information regarding regulated sites, PADEP permits, and enforcement actions. The Right-to-Know Policy puts in place a much more formal process for obtaining information than existed previously.
The most important thing to remember is that you can still obtain lots of information from the Department without the need to file a formal Right-to-Know Law request, and in many instances, avoiding the need for a making a formal Right-to-Know Law request is likely to get you the information faster. For example, the policy notes that you can still obtain information by arranging a file review with the regional office without filing a Right-to-Know request. A file review involves having PADEP make available all of the documents that are physically available in its file room. A Right-to-Know Law request, on the other hand, triggers the need for PADEP to search for all recorded information, whether the information exists in written form of electronic form, meaning it has to search its own databases and email in response to a Right-to-Know Law request. For those in the Southeast region of the state, seeking information about regulated facilities, projects or permits in Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties, a request for a file review can be made by email at RA-SERecordsReview@state.pa.us or by fax at 484-250-5910. Files available for review include Air Quality, Environmental Cleanup Program (Storage Tanks and Hazardous Sites), Radiation Protection, Growing Greener, Water Management, Waste Management, Water Supply Management, Watershed Program and Office of Energy and Technology Deployment. File review requests need to be as specific as possible and identify the records being sought with enough detail to allow the Department's file room personnel to pull the relevant file(s).
Again, if you only need to do a file review, DO NOT file a Right-to-Know Law Request. If your letter states "Right-to-Know Request" on the re line, the request will get kicked into the formal review process which will most likely involve a review by PADEP's regional counsel's office. Most importantly, the new policy gives the Department up to 10 business days to respond initially to a Right-to-Know Law request. For a routine file review, the Southeast regional office ordinarily responds to the request within 24 to 48 hours. Oftentimes, a file review will be adequate if you are looking for a specific document, like a permit or a traffic study. If you are not sure what document you are looking for, a Right-to-Know Law request will retrieve the widest array of documents, but be prepared for delays in light of the new Policy. When in doubt, you are urged by the Department to contact the relevant regional office file room to help locate the appropriate records. That would be very good advice for those who want to retrieve information from the Department's files as quickly as possible.
