Division of Air and Waste Management FOIA Request Form

Freedom of Information Act (FOIA) Request Form

What is a Freedom of Information Act (FOIA) request?

In accordance with the Delaware Freedom of Information Act, 29 Del. C. Chapter 100 and the Department’s Freedom of Information Act Regulation, any individual may request to review the Division’s public records. Pursuant to 29 Del. C. §10002 (d), a public record is information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced.

How do I submit a FOIA request?

FOIA requests may be electronically submitted using the submittal form at the bottom of this page. They can also be mailed or faxed by identifying the specific file or record you wish to inspect as explicitly as possible, and send your request, in letter form to: Department of Natural Resources and Environmental Control (DNREC), Division of Air & Waste Management (DAWM), Attn: FOIA Request Processor, 89 Kings Highway, Dover, DE 19901 or fax to 302-739-5060. An example request would begin as follows, with the appropriate Branch(es) indicated: "Pursuant to the Freedom of Information Act, I am requesting access to the files from the Hazardous Waste Branch concerning the ABC Facility, located at 123 Main Street, Dover, DE 19901." If for any reason during the processing of your request, you find that the information you requested is no longer needed, please contact the FOIA Request Processor at (302)739-9400 so that your request can be withdrawn.

What information must my FOIA request include?

Requests shall adequately describe the record(s) sought. Please include information such as facility names, addresses, permit numbers and if possible, any information that would assist in the determination of which branches to distribute the request to. Any requests that require the Division to perform research or to assemble information that has not been compiled will be returned to the requester. The Environmental Navigator found on the Department’s website (www.dnrec.state.de.us) may be helpful in refining a request before it is submitted to the Department.

Please note: The Division does not have the capability to research requests described by tax parcel numbers or site maps.

What happens when I submit my FOIA request?

Within 20 days of receipt of your request, whether it is submitted electronically, by U.S. mail, or fax, the Division will notify you with a Response Form via U.S. mail that your request has been received and inform you of which Branches your request has been forwarded to (please advise if your request was incorrectly distributed). Next, the individual Branches to which your request was sent will notify you as to whether or not their Branch has records available for you to review. If there are, you may schedule an appointment to review the information after a paralegal has conducted a review to remove any non-public records. FOIA request processing times vary for each Branch. The Division processes all requests in a "date received" order.

Is there a cost associated with a FOIA request?

The Department’s FOIA Regulation sets forth both administrative and photocopying fees associated with the fulfillment of a FOIA request. Certain requestors may be eligible for the complete waiver of administrative fees and a waiver of the first $25.00 of photocopying fees. Please refer to the Department’s FOIA Regulation, available on it’s website, and the Waiver Form below for details.

Can I receive copies of the records I review?

The Department will make up to 250 copies for the requestor. Immediate availability will depend on staff and equipment resources. The Department may require a requestor to bring in their own copier service for copies in excess of 250. Again, please refer to the Department’s FOIA Regulation for details including photocopying charges.

FOIA Request Web Submittal Form

Date:
Name of Requester:
Requester's Company Name:
Requester's Address :
City:
State:
Zip Code:
Telephone Number:
Fax Number:
E-Mail Address:

	Facility/Site Information
Site or Facility Name:
Name of Facility Owner:
Specific Street Address:
City:
Zip Code:
	Media(s) of interest: Check all apply.
Air Quality Management	Environmental Response Branch
Solid and Hazardous Waste	Site Investigation and Restoration Branch
Enforcement	Tank Management Branch

	Please include any additional information in regard to your request in the space below.

DELAWARE DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENTAL CONTROL
DIVISION OF AIR & WASTE MANAGEMENT
FOIA REQUEST PROCESSOR
89 KINGS HIGHWAY, DOVER, DE 19901 – (302)739-9400
INTERNET ADDRESS: www.dnrec.state.de.us

FOIA FEE WAIVER FORM

FOIA#: (Office Use Only)

Pursuant to the Department of Natural Resources and Environmental Control’s FOIA Regulation, some requestors may qualify for an exemption of fees accrued in fulfilling a FOIA request. Below are Sections 5.3.a. and 5.3.b. of the Department’s FOIA Regulation that describe the two classes of requestors that are exempt from FOIA fees. Please check off the appropriate box as it applies to you and return this form, along with the required information as indicated below, to the following address:

Department of Natural Resources and Environmental Control
Division of Air and Waste Management
Attn: FOIA Request Processor
89 Kings Highway
Dover, DE 19901

Please note that your request will not be distributed to the individual Branches and/or Divisions until this form and any required information, if applicable, has been received.

The administrative charge shall be waived for individuals making a FOIA request to the Department who are not deriving income or other forms of compensation from the use of the information obtained through the FOIA request. To qualify for this exemption, individuals must provide a signed affidavit accompanying the FOIA request, stating that they are not deriving income or other forms of compensation from the use of the information obtained through FOIA.

The administrative charge shall be waived for not-for-profit organizations working in the public interest on the condition that such organizations provide, along with their FOIA request, proof of tax-exempt status and a signed affidavit from an officer or the governing body of the organization which indicates that the requestor is authorized to request the information on behalf of the organization.

Should you qualify as a member of one of the above classes of requestors by meeting the requirements, Section 5.3.c. of the Department’s FOIA Regulation also provides for a limited waiver of photocopying fees. It states:

Individuals and not-for-profit organizations that qualify under 5.3.a. or 5.3.b. shall also be granted a waiver for copying fees of $25.00 or less. For those requests exceeding $25.00 in copying fees, charges will be assessed pursuant to Section 5.2 of this regulation.

I do not qualify for either of the above classes of requestors and understand that I am therefore subject to both the administrative and copying fees incurred in the processing of my request.

All of the following documents are available for downloading and are in the Adobe Acrobat's Portable Document Format ( PDF). You will need a copy of Adobe Acrobat Reader to view and print these documents. You can download a free copy of the Adobe Acrobat Reader by clicking on the image to the right.

FOIA Fee Waiver Form

Department of Natural Resources and Environmental Control
Freedom of Information Act Regulations

Division Overview and Contacts

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