Public Information Policy

Pursuant to the Pennsylvania Right-to-Know Act, the Lancaster County Solid Waste Management Authority (LCSWMA) has adopted the following policies governing citizen access to LCSWMA public records:

General :

LCSWMA shall respond in a timely manner to all requests from the media and the public for information relating to the activities of LCSWMA.

The Communications Manager is designated as LCSWMA's contact person for information. It is the responsibility of the Communications Manager to respond to all media and community inquiries.   

With the exception of the Executive Director, LCSWMA's staff will refrain from acting as spokespersons for LCSWMA unless deemed appropriate by the Executive Director. The Executive Director may assume the role of official spokesperson at any time.

Requests for Public Records :

LCSWMA shall make all public records of LCSWMA available for inspection and duplication by residents of the Commonwealth in compliance with the following procedures:

1. Definition - Public Records. A public record is any account, voucher or contract dealing with the receipt or disbursement of funds by LCSWMA or LCSWMA's acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by LCSWMA fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons. The term "public records" shall not mean or include (a) any report, communication or other paper, the publication of which would disclose the institution, progress or result of an investigation undertaken by LCSWMA in performance of its official duties; or (b) any record, document, material, exhibit, pleading, report, memorandum or other paper, access to or the publication of which is prohibited, restricted or forbidden by State law or order or decree of Court, or which would operate to the prejudice or impairment of a person's reputation or personal security, or which would result in the loss by the Commonwealth or LCSWMA of federal funds.
   
2. Written Request. All requests for inspection or reproduction of public records in the possession of LCSWMA shall be made in writing and submitted in person, by mail, by facsimile, or any other electronic means to LCSWMA's attention:

Ms. Barbara Baker, Communications Manager

Lancaster County Solid Waste Management Authority

1299 Harrisburg Pike

P.O. Box 4425

Lancaster, PA 17604

bbaker@lcswma.org

Fax: (717) 397-9973

The written request shall describe the public record in sufficient detail to enable LCSWMA's staff to locate the record with a reasonable amount of effort and shall indicate whether an inspection or reproduction is desired. The request shall also identify the form in which the records are being requested and the name and address of the person to whom a response should be addressed. A LCSWMA Request for Information form is available for written requests.

Response to Written Request :

The Communications Manager or a designee shall respond to the request as soon as possible according to the following guidelines:

(a)   If the Communications Manager or a designee does not send a response to the request within five (5) business days, the request shall be deemed denied;

(b)   If the Communications Manager or a designee determines that more than five (5) days is required to evaluate and respond to the request, then a notice shall be sent indicating that the request is being reviewed, the reason for the review and a date when a response will be provided;

(c)   If the Communications Manager or a designee determines that the request should be denied, then a response shall be sent describing the record requested and explaining the reasons for the denial and the procedure for appealing the denial; and

(d)   If the Communications Manager or a designee determines that the request should be granted, then a response shall be sent indicating when, during LCSWMA's regular business hours, the records may be inspected and duplicated, the form in which the records will be duplicated and the fees that will be assessed to cover the cost of the inspection and duplication. If the estimated fees associated with the request exceed $100.00, LCSWMA may require prepayment of the estimated fees before granting the request.

Appealing the Denial of a Written Request :

If a request for inspection and duplication of LCSWMA public records is denied or deemed denied, the requestor may file a written exception within fifteen (15) business days. Upon receipt of a written exception, the Communications Manager or a designee shall review the request and the grounds for denial and shall make a final determination within thirty (30) days. The final determination is the final order of LCSWMA. The requestor may appeal the final order of LCSWMA in compliance with the terms of the Right-to-Know Act, 65 P.S. § 66.

Inspection and Duplication of Public Records :

If a request for inspection and duplication of LCSWMA public records is granted pursuant to this policy, the Communications Manager or a designee will inform the requestor of a time during LCSWMA's normal business hours for the inspection of the public records (LCSWMA's normal business hours are 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding holidays). If duplicates of the public records are requested, the duplicates shall be provided upon payment of the following fees:

(a)   postage and/or facsimile costs;

(b)   duplication costs, including any costs associated with photocopying, printing paper copies from digital or electronic media, or, if requested, making duplicate copies of digital or electronic media;

(c)   certification costs (if certified copies are requested); and

(d)   any other costs that are actually incurred by LCSWMA in order to comply with the request.

No fees shall be assessed for staff time and resources required to evaluate written requests for access to LCSWMA public records. Consistent with the Right-to-Know Act, however, the Communications Manager or a designee shall develop a list of applicable fees for (a) costs associated with the duplication of LCSWMA public records, consistent with prevailing rates for comparable services at commercial establishments in the surrounding area, and (b) costs associated with the staff time and resources required to assemble, duplicate and supervise the inspection of public records pursuant to this policy, consistent with the average hourly rate of pay for staff members performing such functions.

No LCSWMA public record shall be removed from the supervision or control of LCSWMA's custodian of public records.

LCSWMA shall post an explanation of this policy, along with the name and address of the person to whom requests for access to public records should be addressed and a list of applicable fees, in a conspicuous location at LCSWMA's administrative office. Costs must be paid at the time of receipt of reproduced public records.

The Communications Manager or a designee shall develop any other procedures necessary to implement this policy.

Written documents, which are public records such as the Lancaster County Municipal Waste Management Plan, or other lengthy documents such as studies or operational reports shall be made available to the public by means of the following:

•  The public will be told where to obtain the information if it is available at a municipal office, regulatory office, or the library system.

•  The public will be invited to review LCSWMA's copy of the document at the LCSWMA office during LCSWMA's normal business hours.

•  The public will be invited to purchase the document if there is an established cost for a bound copy (i.e. $25.00 is the cost of a Lancaster County Municipal Waste Management Plan).

•  The public will be invited to pay the cost of reproducing a document if they do not wish to obtain the document via channels which are cost-free. The cost for reproducing a document will be LCSWMA's actual costs. An additional charge for time involved to extract the document will also be assessed.

LCSWMA shall make its newsletters, pamphlets, brochures, resource guides, annual reports, fact sheets, and other general educational materials available to the public at no charge. LCSWMA will provide these same documents in alternate format when requested, so as to make these documents accessible to people with special needs.

Requests at Public Meetings:

The forum for addressing LCSWMA's Board of Directors shall be during the public comment period of LCSWMA's regular monthly meeting. The regular monthly meeting is normally held at 7:30 a.m. on the Friday preceding the third Tuesday of every month (or at such other times as may be established by LCSWMA) at LCSWMA's Office located at 1299 Harrisburg Pike, Lancaster, PA 17603.

LCSWMA will, in a timely manner, publicize the time, date, and location of all public hearings or meetings required for any reason under the laws of the State.

Requests for information, which occur during a LCSWMA public meeting (or in any other public format), will be handled in the following manner:

•  A Request for Information Form will be given to the individual requesting the information. The individual will be asked to complete the form including his or her name, address and phone number and a list of the information requested. The Communications Manager will then respond in writing in accordance with this policy, or will inform the individual as to the appropriate resource for obtaining the information.

Requests from the Media:

All inquiries from the media, regardless of the topic, shall first be directed to the Communications Manager. In the event the Communications Manager is unavailable or unable to respond to the media within a reasonable time frame, LCSWMA's Executive Director or his designate shall respond to inquiries.

All written materials provided to the media shall be reviewed by the Communications Manager, the Executive Director and/or the appropriate staff.

Requests from Litigates:

Requests for information, tours, materials, or other resources from individuals in litigation with LCSWMA shall be referred through the established legal channels unless counsel to LCSWMA deems otherwise, or LCSWMA finds it in its best interests to provide the information directly.

Tours:

Tours of LCSWMA facilities are available to the public and businesses at designated times throughout the year. Tours must be scheduled by appointment. A minimum two-week lead time is required. All safety regulations must be followed by participants and will be enforced by the tour leader. Tours and special events offered to the public will be made accessible to people with special needs. People with special needs are asked to contact LCSWMA prior to the tour to request specific accommodations.

Use of Cameras and Recording Devices:

Photographing, tape recording, or videotaping LCSWMA's facilities, properties, employees, or other circumstances will be considered only upon request . Operational procedures, safety regulations, personnel policies, or equipment designated as proprietary in design may preclude LCSWMA's ability to grant photographic or videotape access at a particular facility or to a particular area.