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

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

City of Dallas Civilian Employees

FOIA Texas Open Records Request

TO: Deputy Director Richard A. Hyde, P.EOffice of Compliance and EnforcementTexas Commission on Environmental Quality

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 Article I,Sec. 8 of the Texas Constitution, the First Amendment to the United States Constitution, thecommon law of the State of Texas and any statue providing for public access to governmentinformation:

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

1. Any and all documents, memo's, emails, and/or other information regarding passage ofthe "Dallas, TX Flow Control" Ordinance No. 28427, filed with and/or sent to the Office ofCompliance and Enforcement; Texas Commission on Environmental Quality, from the Cityof Dallas or the City of Dallas Sanitation Department.

2. Any and all studies or reports concerning the implementation of "Dallas, TX Flow Control"

Ordinance No. 28427 filed by the City of Dallas and/or the City of Dallas SanitationDepartment. Please include studies or reports that show compliance with the Clean Air Act,the Clean Water Act, the Safe Drinking Water Act, and any existing Texas Environmental,Health, and Safety Audit Privilege Act Compliance Agreements.

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

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 at thephone number listed below. If you determine that all or some portion of the informationrequested is excepted from required disclosure, I request that you provide me with theportions of the requested information that are public and reasonably segregable from that

which you believe is excepted. If any records are in active use or in storage, please certifythis fact in writing and set a date and hour within a reasonable time when the records will beavailable, 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 as towhich exceptions you believe apply. If you rely on previous determination, please advise meof the applicable court decision or Attorney General's opinion. If there is no suchdetermination, please advise me of the request for such an opinion, as required undersection 552.301 of the Act, and a dated copy of your letter to the Attorney General. I callyour attention to section 522.353 of the Act, which provides penalties for a 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 BenavidesPublic Employee AdvisorUnited Steelworkers Local 9479North Texas Association of Public Employeessteel.workers@sbcglobal.netOffice: 214-760-7422Fax: 214-760-7423