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Air Documents Disappear


February 8, 2002
David Matos
Georgia Environmental Protection Division
Air Protection Branch
4244 International Parkway, Suite 120
Atlanta, Georgia 30354

Re: Georgia Open Records Act Request for Hercules air permit applications numbered 5835, 5267, 5492, 7060, 7082, 7091, 7166, and 7714.

Dear Mr. Matos,

Under the Georgia Open Records Act (GORA), the Glynn Environmental Coalition (GEC) is requesting that you provide Hercules Inc., Brunswick Georgia air permit applications numbered 5835, 5267, 5492, 7060, 7082, 7091, 7166, and 7714. Furthermore, the GEC has made a good faith effort to obtain the requested air permit applications, but the requested information was returned to Hercules Inc. in violation of Article 4, 50-18-70(a) of the Georgia Open Records Act (GORA).

On June 18, 2001, I contacted you by phone and left a message that I would be traveling to your office in Atlanta, Georgia on June 26, 2001 to view and copy the above mentioned Hercules air permit applications. On June 19, 2001, we spoke by telephone and at that time I reiterated that I would be coming to your office in Atlanta to view and copy the Hercules air permit applications. Your response was that I could see the files between 8:30 AM until 4:00 PM.

On June 26, 2001, I arrived at your office location to view the Hercules air permit applications. Instead of the applications that I had requested to see on June 18 and 19, 2001, there was a letter from you to Jay Wright, Hercules Inc. date June 19, 2001, stating that you were returning the air permit applications to Hercules Inc. It is very suspicious that the specific air permit applications requested were returned to Hercules on the very day that we spoke and I made an appointment with you for viewing and copying, being that the air permit applications had been in the possession of the Georgia Environmental Protection Division for up to 15 years.

The GORA is explicit in prohibiting records from being "... placed in the hands of a private person or entity for the purpose of avoiding disclosure". Therefore, the GEC is requesting that you comply without delay by providing the Hercules air permit applications requested under the GORA.


Daniel Parshley

CC: Harold Reheis

David Ludder



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