THE PAUL PLANTE STORY

[thelivyjr]

From: Hausamann, Eric (DEC)

To: Edwards, Susan L (DEC)

Cc: Rushford, Sally (HEALTH); Maglienti, Brian (DEC); Harrington, David (DEC); O"Brien-Drake, Brittany M (DEC); Bollasina, Anthony J (DEC); Deming, Justin H (HEALTH)

Subject: Re: A letter to Warren Harris is attached. Poestenkill Transfer Station.

Date: Friday, April 15, 2022 2:30:21 PM

Attachments: Letter.2100195.2022-04-11.WMNYPoestenkill_samplingrequest.pdf

Hi all.

I just got off the phone with Warren Harris, transfer station manager in Poestenkill.

WMNY has agreed to perform the sampling and other tasks outlined in the letter we sent to them earlier this week.

He anticipates collecting the samples on Wednesday 4/20 around noon.

DER will have a representative there to witness sampling activities.

Have a happy weekend,

Eric

**********************************************************

From: Schoenbart, Alex J (DEC) <alex.schoenbart@dec.ny.gov>

Sent: Monday, April 11, 2022 11:32 AM

To: Deming, Justin H (HEALTH) <justin.deming@health.ny.gov>

Cc: Rushford, Sally (HEALTH) <Sally.Rushford@health.ny.gov>; Maglienti, Brian (DEC)
<brian.maglienti@dec.ny.gov>; Harrington, David (DEC) <david.harrington@dec.ny.gov>; O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-Drake@dec.ny.gov>; Hausamann, Eric (DEC) <eric.hausamann@dec.ny.gov>

Subject: A letter to Warren Harris is attached. Poestenkill Transfer Station.

[thelivyjr]

From: Greg P

Sent: Monday, February 07, 2022 11:53 AM

To: O'Brien-Drake, Brittany M (DEC)

<Brittany.OBrien-Drake@dec.ny.gov>

Subject: Project update in Poestenkill

Brittany - I’m Greg (last name redacted), Poestenkill resident and member of Concerned Citizens for Clean Drinking Water (CCCDW), an ad hoc group of residents.

We are hosting a Zoom on February 24 from 7 to 8pm to update each other and the community.

Would you be available to join our Zoom to give an update and perhaps take questions?

Our intention is to keep this informal.

Please let me know if you’d be able to attend.

Regards,

Greg

*************************************************************

On Feb 18, 2022, at 8:29 AM, O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-
Drake@dec.ny.gov> wrote:

Good morning Greg,

DEC will be able to participate in the CCCDW Zoom meeting on February 24th from 7pm to 8pm.

Attendees on our side will be as follows (currently): Dereth Glance (dereth.glance@dec.ny.gov), Eric Hausamann (eric.hausamann@dec.ny.gov), and myself Brittany O’Brien-Drake (Brittany.obrien-drake@dec.ny.gov).

If you could provide a list of attendees as well for our records that would be greatly appreciated.

Please forward the meeting invite when it becomes available.

In order to be the most prepared for this meeting do you and the committee have any specific questions that you would like us to answer?

I saw your email this morning regarding your question about the Waste Management Transfer Station drinking water well and will be sure to address that during the meeting next week.

Thank you for your time,

Brittany O’Brien-Drake

*************************************************************

From: Greg

Sent: Friday, February 18, 2022 12:49 PM

To: O'Brien-Drake, Brittany M (DEC)

Brittany.OBrien-Drake@dec.ny.gov>

Subject: Re: Project update in Poestenkill

Brittney - that’s great.

When would you like our questions or specific areas to address?

Is Tuesday noon ok?

I know Monday is a holiday.

I have your title and Dereth’s but I don’t have Eric’s, other than P.E.

This is our proposed format:

Welcome - Me - 5 minutes

CCCDW update - Philip (last name redacted)

10 minutes Update from the town - Keith Hammond

5 minutes Update from DEC

10 minutes Update from RCDOH, Rich Elder - 10 minutes (invited by he hasn’t confirmed yet)

Questions and discussion -15 minutes

Wrap up - 5 minutes

We intend to mute everyone but the speaker(s) and questions will be submitted via the comment field and most likely read by me.

We’re working on that part.

I’ll send you the Zoom link in a separate email.

Do you want me to send to Eric and Dereth directly?

Thank you for agreeing to be part of our forum.

All the best,

Greg

*************************************************************

On 2/18/22 1:19 PM, O'Brien-Drake, Brittany M (DEC) wrote:

Hi Greg,

Tuesday at noon would be great.

Eric is my supervisor and his title is a P.E. and is Section Chief, Bureau D Section D.

Thank you for providing the meeting outline and format.

Will there be one meeting link for people to attend?

Or are there two separate links (one for speakers and one for attendees)?

I only ask in the event that others from DEC are available to attend, I would like to be able to share the correct meeting link with them.

I can send the meeting link to Dereth and Eric.

Thank you and have a nice weekend,

Brittany

*************************************************************

From: Greg (last name redacted)

To: O'Brien-Drake, Brittany M (DEC)

Subject: Re: Project update in Poestenkill

Date: Friday, February 18, 2022 2:31:18 PM

Brittany - thanks for Eric’s title.

I need to check with our technical guy to see if there are separate links.

I won’t be able to reach him until Sunday so rather than give you the wrong info, I’ll hold off forwarding the registration link.

Enjoy the weekend,

Greg

*************************************************************
From: Greg

Sent: Tuesday, February 22, 2022 11:58 AM

To: O'Brien-Drake, Brittany M (DEC)

<Brittany.OBrien-Drake@dec.ny.gov>

Subject: Re: Project update in Poestenkill

Hello Brittany - attached are our areas of concern.

They are set up as questions covering multiple areas, but I think it will provide you some guidance.

It's doubtful you'll be able to touch on everything, but I hope it helps.

The single link to the Zoom is below.

You'll need to register to get the link.

The host will have everyone muted except for the speaker(s), as I previously mentioned.

He tells me this will work.

Do you need the list of registrants prior to the call?

Best,

Greg

*************************************************************

On Feb 23, 2022, at 9:41 AM, O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-
Drake@dec.ny.gov> wrote:

Good morning Greg,

Thank you for passing along those questions.

If you could send us the participant list after the meeting that would be great.

Do you know if any local news/media have signed up for the meeting?

Depending on availability, Justin Deming and Thomas Johnson from State Department of Health may be available to answer questions.

Can you please include them on the list of potential speakers?

Justin Deming, P.G. – Region Chief, Bureau of Environmental Exposure Investigation - New York State Department of Health

Thomas Johnson, Ph.D. - Director, Bureau of Toxic Substance Assessment - New York State Department of Health

Thank you!

Brittany

*************************************************************

On Feb 23, 2022, at 10:09 AM, Greg wrote:

Hi Brittney.

I will check to see if any press signed up.

Our planning team did not invite press but that’s not to say someone let them know.

We certainly welcome and can accommodate DOH’s participation.

All the best,

Greg

*************************************************************

From: Greg

Sent: Wednesday, February 23, 2022 11:54 AM

To: O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-Drake@dec.ny.gov>

Subject: Re: Project update in Poestenkill

The current registration list was just sent to me.

Dave Lucas from WAMC News is listed as a registrant.

Greg

**************************************************************************

On Feb 23, 2022, at 11:55 AM, O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-Drake@dec.ny.gov> wrote:

> Great.

Thank you for letting me know.

Brittany


*****************************************************************

From: Greg

Sent: Thursday, February 24, 2022 4:14 PM

To: O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-Drake@dec.ny.gov>

Subject: Re: Project update in Poestenkill

Hi Brittany.

I’m checking to see if you know whether Justin and Thomas will be joining tonight in which I’ll include in my introductions to kick things off.

Greg

****************************************************************************

From: O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-Drake@dec.ny.gov>

Sent: Thursday, February 24, 2022 4:38 PM

To: Deming, Justin H (HEALTH) <justin.deming@health.ny.gov>

Cc: Hausamann, Eric (DEC) <eric.hausamann@dec.ny.gov>; Johnson, Thomas B (HEALTH)
<thomas.johnson@health.ny.gov>

Subject: Fw: Project update in Poestenkill

Hi Justin,

Greg would like to confirm if you and Thomas will be participating this evening, so he can introduce all of the speakers accordingly.

Thanks!

Brittany O’Brien-Drake
Assistant Geologist—Bureau D, Section D
Division of Environmental Remediation
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233
P: (518) 402-9676 | Brittany.OBrien-Drake@dec.ny.gov
www.dec.ny.gov | |

**********************************************

From: Deming, Justin H (HEALTH)

To: O"Brien-Drake, Brittany M (DEC)

Cc: Hausamann, Eric (DEC); Johnson, Thomas B (HEALTH)

Subject: RE: Project update in Poestenkill

Date: Thursday, February 24, 2022 4:38:41 PM

Attachments: image001.png
image002.png
image003.png

Hi Brittany.

Yes, both Tom and I plan to participate.

Thanks.

Justin

[thelivyjr]

From: Deming, Justin H (HEALTH) <justin.deming@health.ny.gov>

Sent: Thursday, January 20, 2022 10:27 AM

To: Deming, Justin H (HEALTH); Rushford, Sally (HEALTH); Ockerby, Renata E (HEALTH); Hausamann, Eric (DEC); O'Brien-Drake, Brittany M (DEC); relder@rensco.com; Khammond@poestenkillny.com; Tiffany Buker; rbrunet@cisbec.net

Cc: Vooris, Christine N (HEALTH); Edwards, Susan L (DEC); Harrington, David (DEC)

Subject: Poestenkill Update

When: Thursday, January 27, 2022 10:00 AM-11:00 AM (UTC-05:00) Eastern Time (US & Canada).

Where: webex

Join from the meeting link
https://meetny.webex.com/meetny/j.php?M ... 256bd4ca76

Join by meeting number
Meeting number (access code): 1611 75 8197
Meeting password: Z76qMZkTqi6

Tap to join from a mobile device (attendees only)
+1-518-549-0500,,1611758197## USA Toll

Join by phone
+1-518-549-0500 USA Toll

Join from a video system or application
Dial 1611758197@meetny.webex.com

You can also dial 173.243.2.68 and enter your meeting number.

Join using Microsoft Lync or Microsoft Skype for Business

Dial 1611758197.meetny@lync.webex.com

If you are a host, click here to view host information.

Need help? Go to https://help.webex.com

************************************************************

From: Edwards, Susan L (DEC)

To: Deming, Justin H (HEALTH); Rushford, Sally (HEALTH); Ockerby, Renata E (HEALTH); Hausamann, Eric (DEC); O"Brien-Drake, Brittany M (DEC); relder@rensco.com; Khammond@poestenkillny.com; Tiffany Buker; rbrunet@cisbec.net

Cc: Vooris, Christine N (HEALTH); Harrington, David (DEC)

Subject: RE: Poestenkill Update

Date: Thursday, January 27, 2022 10:10:14 AM

Attachments: Letter to DEC from CCCDW 1-26-2022 final

Attached is the letter from the Concerned Citizens.

- Sue

[thelivyjr]

From: Deming, Justin H (HEALTH) <justin.deming@health.ny.gov>

Sent: Monday, December 6, 2021 9:46 AM

To: Linton, Andrea L (DEC) <Andrea.Linton@dec.ny.gov>; Willis, Regina C (DEC)
<Regina.Willis@dec.ny.gov>

Cc: Edwards, Susan L (DEC) <susan.edwards@dec.ny.gov>; Hausamann, Eric (DEC)
<eric.hausamann@dec.ny.gov>; O'Brien-Drake, Brittany M (DEC) <Brittany.OBrien-
Drake@dec.ny.gov>

Subject: School contact for availability session

Hi Andrea / Regina.

I received a call from Bill Sansone of the APSD and he would like to talk about what the State needs for the availability session on Wednesday.

I believe he is the assistant director of facilities and can help with any of the logistics, or at least should be in the loop.

I am not sure who else you have been coordinating with.

I told him that someone will reach out to him, I am glad to facilitate or be on a call if needed.

His cell number is (redacted).

He can also be reached by calling the office since his cell does not always work. 518-674-7058.

Thanks.

Justin

Justin H. Deming, P.G.
Chief, Regions 4, 5 & 8
Bureau of Environmental Exposure Investigation
New York State Department of Health
Empire State Plaza, Corning Tower, Room 1739
Albany, New York 12237
Email justin.deming@health.ny.gov
Phone 518.402.7896 - Fax 518.402.7859

****************************************************

From: Linton, Andrea L (DEC)

To: Deming, Justin H (HEALTH); Willis, Regina C (DEC)

Cc: Edwards, Susan L (DEC); Hausamann, Eric (DEC); O"Brien-Drake, Brittany M (DEC)

Subject: RE: School contact for availability session

Date: Monday, December 6, 2021 11:24:11 AM

Thanks Justin, we’re following up with the school now.

[thelivyjr]

7 November 2021

To: Philip LaRocque <philip@philiplarocque.com>

Philip, let me take a moment to introduce myself, for I am unfamiliar with who you actually are and I am concerned after reading a series of e-mails from your "group," which I notice does not include all affected town residents, myself included, and your talk of a "steering group" which appears to include Judith Enck, whose husband Mark Dunlea was a member of the Poestenkill town board that gave the original approval for the Poestenkill transfer station, a likely source of the PFOA, based on a fraudulent DEC Part 360 permit.

I am a New York state licensed professional engineer further qualified by exam to practice at the associate level as a public health engineer who was twice commended in writing by then-NYS Health Commissioner Dr. David Axelrod for my efforts to restore integrity to the corrupt practices of the Environmental Health Division of the RCHD, and I am very aware of ground water issues in this area of Poestenkill going back to 1975.

I am also aware that the Town of Poestenkill is taking hush money from Waste Management to not see problems associated with that facility, which is under permit from the DEC, which agency in 1999 buried in Poestenkill town court $312,500 with of penalties for environmental crimes committed at the Poestenkill transfer station.

So when Judy Enck makes mention of sources you are not supposed to talk about, exactly what sources might they be?

Thank you,

Paul R. Plante, NYSPE, Assoc. P.H. Engineer

[thelivyjr]

22 MAY 2022

FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, NY 12233-1500

RE: PUBLIC RECORDS REQUEST of 3/31/2022, Reference # W098922-033122

Dear FOIL Appeals Officer:

Be advised that pursuant to the provisions of the New York State Public Officers Law, I am appealing from a May 12, 2022 decision of a NYSDEC FOIL Officer advising me that the DEC has withheld certain responsive documents or portions thereof from disclosure in accordance with one or more of the following provisions of the Public Officers Law (POL):

• POL 87.2.b. Would constitute an unwarranted invasion of personal privacy under POL 89.2

• POL 87.2.g. Inter-agency or intra-agency materials

• CPLR 4503 Records protected from disclosure because of attorney-client privilege

The Freedom of Information Law (FOIL) request in question is as follows:

Any and all records related to a site investigation by the Division of Environmental Remediation, conducted in accordance with Sampling, Analysis, and Assessment of PFAS - June 2021, which document is a compilation of DER's protocols and precautions for sampling and analyzing various media, providing guidelines for preparing Quality Assurance Project Plans, criteria for laboratory consistency, and guidelines on screening sites based on water and soil results for PFOA containment at the Waste Management Facility in the Town of Poestenkill, Rensselaer County.

Any and all preliminary and final plans, documents, computations, records and professional evaluations prepared by Susan Edwards, NYSPE 067260, underlying and supporting a January 31, 2022 professional opinion issued by Ms. Edwards stating that "the data obtained from samples of the water supply well at the Waste Management Transfer Station suggests that the transfer station is not a likely source of PFAS contamination in the area," and "While there were detections of PFAS in the water sample, that fact alone does not mean there is a contaminant source on the property."

end quotes

The grounds for this appeal are that the FOIL Officer, in denying my request:

1. failed to perform a duty enjoined upon the New York State Department of Environmental Conservation by law; and

2. the officer proceeded without or in excess of jurisdiction; and

3. the determination was arbitrary and capricious; and

4. the determination was an abuse of discretion.

I. In denying my request the FOIL Officer failed to perform a duty enjoined upon the New York State Department of Environmental Conservation by law.

New York State Public Officers Law § 84 provides in clear and unambiguous statutory language that "The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions," so that, "The more open a government is with its citizenry, the greater the understanding and participation of the public in government."

With direct respect and relevance to this appeal, in New York State Public Officers Law § 84, the legislature further stated that "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society," so that "Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality."

In New York State Public Officers Law § 84, the legislature concluded by stating that, "The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article."

By denying my request on the specious and downright absurd grounds that pursuant to POL 87.2.b., releasing the names of the members of a so-called “ad hoc citizen’s group” in Poestenkill claiming to represent the interests of the citizens of Poestenkill of whom I am one would constitute an unwarranted invasion of personal privacy under POL 89.2, and POL 87.2.g., inter-agency or intra-agency materials and CPLR 4503, records protected from disclosure because of attorney-client privilege, the FOIL Officer was intentionally thwarting my access to the information sought.

Thus, this Petitioner was well within his rights pursuant to New York State Public Officers Law § 86(4) to seek the records sought after in the FOIL request, by denying the request on such absurd and specious grounds as were given for redacting the names of the members of the Concerned Citizens for Clean Drinking Water (CCCDW) group in Poestenkill, the FOIL Officer failed to perform a duty enjoined upon the New York State Department of Environmental Conservation by law.

II. The officer proceeded without or in excess of jurisdiction.

As to jurisdiction, it may be defined as the power of a government to create legal interests, and Courts have long held that the Due Process Clause limits the abilities of states to exercise this power.

In this case, the jurisdiction of a FOIL officer for DEC is clearly defined by New York State Public Officers Law § 84, wherein the legislature concluded by stating that, "The legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article."

As to the denial of records pursuant to POL 87.2.b. on the specious and absurd grounds that releasing the names of the members of a so-called “ad hoc citizen’s group” in Poestenkill claiming to represent the interests of the citizens of Poestenkill of whom I am one would constitute an unwarranted invasion of personal privacy under POL 89.2, POL 89.2.b states in clear and unambiguous statutory language that “Each agency shall, in accordance with its published rules, make available for public inspection and copying all records, except that such agency may deny access to records or portions thereof that if disclosed would constitute an unwarranted invasion of personal privacy under the provisions of subdivision two of section eighty-nine of this article.”

Thus is the jurisdiction of the FOIL officer firmly established, which takes us to POL 89.2.b, which provides in clear and unambiguous statutory further defining and limiting the jurisdiction of a DEC FOIL officer that an unwarranted invasion of personal privacy includes, but shall not be limited to:

i. disclosure of employment, medical or credit histories or personal references of applicants for employment;

ii. disclosure of items involving the medical or personal records of a client or patient in a medical facility;

iii. sale or release of lists of names and addresses if such lists would be used for solicitation or fund-raising purposes;

iv. disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the agency requesting or maintaining it;  

v. disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency;  

vi. information of a personal nature contained in a workers' compensation record, except as provided by section one hundred ten-a of the workers' compensation law;  or

vii. disclosure of electronic contact information, such as an e-mail address or a social network username, that has been collected from a taxpayer under section one hundred four of the real property tax law.

end quotes

In this case, the CCCDW, a self-described “ad hoc citizen’s group” in Poestenkill, has a website open to all members of the public including myself wherein is stated as follows:

Our Mission: To restore safe drinking water to our communities by equipping residents with facts and strategies to advocate for and cause change.

end quotes

Accordingly, the members of that group have no right of privacy pursuant to POL 89.2.b, especially when the names of the members of the group were disclosed in a WAMC Northeast Public Radio article titled "Officials provide Poestenkill PFAS update" by Lucas Willard published February 25, 2022 at 2:04 PM EST, where we can clearly look at a group photo of those known in Poestenkill as the “Seggos Whitewashers” and see that Greg, (last name redacted) is none other than Greg Pattenaude who is retired from the New York State Department of Public Service and during his public service with New York State, highlights included work on Number Portability, Number Pooling, area code relief, pole attachments, Y2K planning, and service quality oversight to name a few, and outside of public service, Greg has been a DJ, and has produced high school hockey telecasts, and was the PA announcer in the International Hockey League, as well being as president of two softball leagues, having coached youth soccer and currently being a paid background actor, which suits him well for his role as a shill for DEC as a member of the CCCDW.

Similarly, Philip (Last name redacted) is Philip Laroque, himself a member of the Town of Poestenkill Board of Assessment Review, who was the addressee of an e-mail I sent to him on 7 November 2021, to wit:

To: Philip LaRocque <philip@philiplarocque.com>

Philip, let me take a moment to introduce myself, for I am unfamiliar with who you actually are and I am concerned after reading a series of e-mails from your "group," which I notice does not include all affected town residents, myself included, and your talk of a "steering group" which appears to include Judith Enck, whose husband Mark Dunlea was a member of the Poestenkill town board that gave the original approval for the Poestenkill transfer station, a likely source of the PFOA, based on a fraudulent DEC Part 360 permit.

I am a New York state licensed professional engineer further qualified by exam to practice at the associate level as a public health engineer who was twice commended in writing by then-NYS Health Commissioner Dr. David Axelrod for my efforts to restore integrity to the corrupt practices of the Environmental Health Division of the RCHD, and I am very aware of ground water issues in this area of Poestenkill going back to 1975.

I am also aware that the Town of Poestenkill is taking hush money from Waste Management to not see problems associated with that facility, which is under permit from the DEC, which agency in 1999 buried in Poestenkill town court $312,500 with of penalties for environmental crimes committed at the Poestenkill transfer station.

So when Judy Enck makes mention of sources you are not supposed to talk about, exactly what sources might they be?

Thank you,

Paul R. Plante, NYSPE, Assoc. P.H. Engineer

end quotes

And Judith (last name redacted) is Judith Enck.

Thus, redacting their names as if they were “state secrets” because they are collaborating and colluding with the NYSDEC to thwart public participation pursuant to the provisions of 6 NYCRR §375-1.10(a) regarding Citizen participation, wherein is stated “(T)o facilitate the remedial process and enable citizens to participate more fully in decisions that affect their health, the Department will require the provision of opportunities for citizen involvement and will encourage consultation with the public early in that process before the Department forms or adopts final positions,” was not only a clear-cut case of the FOIL officer proceeding without or in excess of jurisdiction, but was silly and childish and discriminatory, as well.

III. In denying my request the FOIL Officer's determination was arbitrary and capricious.

Black's Law Dictionary defines “arbitrary and capricious” as “a willful and unreasonable action without consideration or in disregard of facts or law.”

"Capricious," as applied in this specific case, is defined as "governed or characterized by impulse or whim," as well as "lacking a rational basis."

Denying me access to the names of the members of the CCCDW on the specious grounds that the disclosure would constitute an unwarranted invasion of personal privacy under POL 89.2 is capricious precisely because being an absurd proposition, it is not rational, but rather is governed or characterized by impulse or whim, which in turn makes it arbitrary, that is “a willful and unreasonable action without consideration or in disregard of facts or law,” especially when we in Poestenkill are already well aware of who these people collaborating and colluding with DEC to deprive us of our rights to due process really are.

IV. In denying my request the FOIL Officer's determination was an abuse of discretion.

The FOIL Officer's discretion is stated in clear and unequivocal statutory language in New York State Public Officers Law § 84 wherein is provided "The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions," and "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society."

The FOIL Officer does not have discretion to concoct specious, absurd, and ridiculous reasons to deny a request based on flimsy and made-up excuses as is the case here, most especially where the request for “(A)ny and all preliminary and final plans, documents, computations, records and professional evaluations prepared by Susan Edwards, NYSPE 067260, underlying and supporting a January 31, 2022 professional opinion issued by Ms. Edwards stating that ‘the data obtained from samples of the water supply well at the Waste Management Transfer Station suggests that the transfer station is not a likely source of PFAS contamination in the area,’ and ‘While there were detections of PFAS in the water sample, that fact alone does not mean there is a contaminant source on the property’" was denied based on CPLR 4503, Records protected from disclosure because of attorney-client privilege.

Susan Edwards is an engineer licensed to practice in NYS pursuant to New York State Education Law § 7202, Practice of engineering and use of title "professional engineer,” wherein is clearly stated “Only a person licensed or otherwise authorized under this article shall practice engineering or use the title ‘professional engineer,’" and thus, her conduct in this matter regarding those records is governed by § 29.3(a)(4) of the New York State Board of Regents, General provisions for design professions, where unprofessional conduct on the part of licensed engineers such as Susan Edwards shall also include failure by a licensee to maintain for at least six years all preliminary and final plans, documents, computations, records and professional evaluations prepared by the licensee, or the licensee's employees, relating to work to which the licensee has affixed his seal and signature.

There is no lawyer-client relationship at play here because as a licensed engineer, the conduct of Susan Edwards is governed by § 29.1(b)(10) of the Rules of the New York State Board of Regents which provides that unprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law shall include “delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, by experience or by licensure, to perform them.”

If Susan Edwards is delegating her professional responsibilities to a lawyer, not only is it clear that she is willfully violating § 29.1(b)(10) of the Rules of the New York State Board of Regents, but § 29.1(b)(9), as well, “performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform.”

Accordingly, for all of the reasons stated, the determination of the FOIL Officer to deny the records sought should be overturned as being a failure to perform a duty enjoined upon the New York State Department of Environmental Conservation by law; the officer acted without or in excess of jurisdiction; the determination was arbitrary and capricious; and the determination was an abuse of discretion.

Respectfully,

Paul R. Plante. P.E.

[thelivyjr]

"Poestenkill home wells to be retested for PFOA/PFOS contamination - Source of pollutants linked to cancers and other health problems in humans has still not been identified"

Kenneth C. Crowe II, Albany, New York Times Union

May 17, 2022

POESTENKILL – Private wells that were just under the state’s drinking water standard for PFOA/PFOS contamination will be retested as state and local agencies continue to grapple with determining the source of the pollutants, according to the state Department of Environmental Conservation.

DEC issued its first update Monday since February on the continuing investigation of the PFOA/PFOS contamination in the area surrounding the Algonquin Middle School, which first identified the pollution of its water supplies in early 2021.

DEC, the state Health Department and the Rensselaer County Department of Health will cooperate in retesting wells where the results showed PFOA/PFOS contamination of from five to 10 parts per trillion.

The state standard for contamination is 10 parts per trillion.

“The plan is for the county and the state to team up to resample properties that were indicated as having some level of contamination but under the state minimum contamination limit."

"We expect there will be up to 20 of those properties,” Richard Crist, the county director of operations, said Tuesday.

The county and state agencies have been testing for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid).

PFOS has been used in stain-resistant fabrics, firefighting foams, food packaging and other products.

The chemicals have been linked to cancers and other health conditions in humans.

A source for the chemicals has not been identified.

Previously, 14 of 89 wells tested came back with a reading of more than 10 parts per trillion.

“At this time, DEC has not determined a source of the detections of PFOA and PFOS impacting groundwater at the Algonquin Middle School or private drinking water supplies in the area,” DEC said in its latest statement.

The agency said it would continue to work on identifying where the pollutants originated.

Judith Enck, a former U.S. Environmental Protection Agency regional administrator and adviser to the Concerned Citizens for Clean Drinking Water, said the investigation needs to pick up its pace and scrutinize industrial sites for potential sources.

“It’s moving much too slowly."

"The agency has been fixated on suggesting that the middle school may be the source, which I don’t think is correct."

"There are other potential sources in town that DEC needs to step up on,” Enck said.

The testing at Dynamic Systems Inc., which was the site of a serious solvent spill decades ago, and the surrounding area needs to be expanded to include more residential properties, said Enck, pointing out that the citizens groups hand-delivered letters to homes in the area to alert them of findings at the industrial site.

The DSI site is on the state Superfund list as a potential inactive hazardous waste site.

Concerned Citizens for Clean Drinking Water will hold a public meeting at 7 p.m. Thursday on Zoom. 

The meeting can be accessed through the group’s website at https://cccdw.org.

Enck also said that too few properties are being tested for potential contamination.

The state and county need to expand the testing, Enck said.

https://www.timesunion.com/news/article ... 179737.php

[thelivyjr]

Reference No: W101489-052322

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Dear Paul R.:

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[thelivyjr]

Reference No: W101504-052322

Dear Paul R.:

Thank you for your Freedom of Information Law (FOIL) request.

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