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United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union1408 N. Washington, Suite #202, Dallas, TX 75204 Office (214) 760-7422 Fax (214) 760-7423 www.ntape.com

North Texas Association of Public EmployeesA Division of the United Steelworkers Union

City of Dallas Civilian Employees

FOIA Texas Open Records Request

TO:

U.S. Department of LaborOccupational Safety & Health Administration200 Constitution AvenueWashington, D.C. 20210

DATED: Wednesday, November 30, 2011

This is a request under the Freedom of Information Act, the Texas Open Records Act,Chapter 552 of the Government Code (formerly V.T.C.S. article 6252), as well as ArticleI, Sec. 8 of the Texas Constitution, the First Amendment to the United StatesConstitution, the common law of the State of Texas and any statue providing for public

access to government information:

I hereby request the following items for the McCommas Bluff Landfill, Dallas County;TCEQ Permit No. MSW 62:

1. Any and all documents, memo's, emails, and/or other information regarding passageof the "Dallas, TX Flow Control" Ordinance No. 28427, filed with and/or sent to the U.S.Department of Labor, Occupational Safety & Health Administration, from the City ofDallas or the City of Dallas Sanitation Department on behalf of private contractors andprivate sector employees.

2. Any and all studies or reports concerning the implementation of "Dallas, TX FlowControl" Ordinance No. 28427 filed by the City of Dallas and/or the City of DallasSanitation Department. Please include studies or reports that show compliance with theOccupational Safety & Health Act, the Fair Labor Standards Act, and all other relevantstate and federal environmental regulations. Please include information as it pertains toprivate contractors and private sector employees.

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3. Please provide all information in unlocked .pdf, or .xls file formats.

If you have any questions about the nature or scope of this request, please call me atthe phone number listed below. If you determine that all or some portion of the

information requested is excepted from required disclosure, I request that you provideme with the portions of the requested information that are public and reasonablysegregable from that which you believe is excepted. If any records are in active use orin storage, please certify this fact in writing and set a date and hour within a reasonabletime when the records will be available, as required by section 552.221 of the Act.

If you determine that all or some portion of the information requested is excepted fromrequired public disclosure under a particular exception, I request that you advise me asto which exceptions you believe apply. If you rely on previous determination, pleaseadvise me of the applicable court decision or Attorney General's opinion. If there is nosuch determination, please advise me of the request for such an opinion, as requiredunder section 552.301 of the Act, and a dated copy of your letter to the AttorneyGeneral. I call your attention to section 522.353 of the Act, which provides penalties fora failure to release public records.

SINCE THE LAW PERMITS YOU TO WAIVE OR REDUCE FEES WHEN PROVIDINGSUCH INFORMATION IS PRIMARILY IN THE PUBLIC INTEREST, I REQUEST THATYOU WAIVE ALL FEES SINCE MY CASE FITS THIS EXCEPTION.

I appreciate your attention to this and expect to hear from your office within ten days, asprovided by law.

Respectfully Submitted on 11-30-11,

Stephen Benavides

Public Employee Advisor

United Steelworkers Local 9479

North Texas Association of Public Employees

steel.workers@sbcglobal.net

Office: 214-760-7422

Fax: 214-760-7423