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EPA is Stonewalling Release of Raw Sewage Dumping Amounts

From: Susan Wolterbeek [mailto:susan@greenervi.org]
Sent: Thursday, April 21, 2011 11:28 AM
To: ‘Calderon, Wanda’
Cc: ‘Bellow.Bonnie@epamail.epa.gov’; ‘enck.judith@epamail.epa.gov’
Subject: Please follow federal law and honor my FIOA request of 3-28-11
Importance: High

Dear Ms. Calderon:

I am writing to follow-up, again, on my FOIA request of March 28, 2011, due on or before April 18, 2011.  I still have not received the information requested, namely:

“all wastewater discharges in the USVI since January 1, 2010, including when the discharges commenced, when they stopped, and the quantities involved.”

Pursuant to 5 United States Code 552(a)(4)(F):

(i) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.

Please supply this information immediately. You are already 3 days late, you have stopped even acknowledging my requests, and you yourself are now complicit in postponing my filings in federal district court by continuing to withhold this data which is public information. I look forward to hearing from you. Sincerely, Susan K. Wolterbeek

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