Locations of injection wells
Paul McMahon made this Official Information request to Taranaki Regional Council
The request was partially successful.
From: Paul McMahon
Dear Taranaki Regional Council,
I would like to make an inquiry under the Official Information Act, please.
Please provide me with the precise locations of any injection wells which are used to dispose of the by-products of hydraulic fracturing in your region and the details of the substances (chemical names, volumes etc) being injected into the wells.
I would appreciate you providing the information in an electronic form.
Yours faithfully,
Paul McMahon.
From: Chris Buhler
Taranaki Regional Council
Hi Paul,
We have reviewed your information request sent on 19 July 2012. We have
assessed that this information request will take longer than 1 hour.
Under the official information act time spent by staff searching for
relevant material, abstracting and collating, copying, transcribing and
supervising access where the total time involved is in excess of one hour
should be charged out as follows, after that first hour:
· An initial charge of $38 for the first chargeable half hour or
part thereof; and
· Then $38 for each additional half hour or part thereof.
The rate of charge applies irrespective of the seniority or grading of the
staff member who deals with the request, except where staff with
specialist expertise who are not on salary are required to process the
request, in which case a higher rate not above their actual rate of pay
may be charged.
Time spent by staff in deciding whether or not to approve access and in
what form to provide information should not be charged. While the decision
to delete protected information is not chargeable, the physical editing
is part of making the information available and is subject to charges.
Photocopying or printing on standard A4 or foolscap paper where the total
number of pages is in excess of 20 pages should be charged out as follows:
· 20c for each page after the first 20 pages.
Do you wish to proceed with this information request provided that the
charge above will apply?
Kind regards,
Chris Buhler
Assistant Consents Officer
Taranaki Regional Council
47 Cloten Road, Private Bag 713
Stratford 4352, New Zealand
Phone: 06 765 7127
Fax: 06 765 5097
www.trc.govt.nz
Working with people l caring for Taranaki
New Zealand ShakeOut
Be part of New Zealand's largest earthquake drill - visit
www.getthru.govt.nz
to register for ShakeOut and find out more information
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Joshua Grainger left an annotation ()
I'd start by asking for an invoice of work: what exactly are they charging for, how long will it take, and how much will it cost you? I'd also ask that since you want an electronic reply that the 20c per page charge not apply, given a lack of physical resources used.
It is also worth noting that the Ministry of Justice charging guidelines (which this reply is based off) instruct agencies to consider waiving charges if payment would cause the applicant hardship, if the information would be useful to good governance, or if disclosure of information is in the public interest and isn't for commercial use. I'd suggest arguing some of these points, particularly around public interest and noncommercial use.
What you just received is just a form letter: charging is sometimes used because they really don't want to bother replying. If you challenge them on it it is possible that they'll just back down.
Paul McMahon left an annotation ()
Thanks Josh.
I suspect the extra work entailed is enough to put plenty of people off.
From: Paul McMahon
Dear Chris Buhler,
Thank you for your response to my LGOIMA request.
Can you please an invoice detailing the costs? I'd like to know what I could be paying for and how long it might take.
I also would like the information electronically, please, so I am not sure the charge for photocopying should apply, given the lack of actual physical resources being consumed.
I also consider that releasing the information to be substantially in the public interest. Whether the number of injections wells in your region is considerable or not, your region has taken the lead in petroleum extraction in New Zealand and is used as a positive example of responsible regulation. The public, therefore, has an interest in knowing how and where the by-products of extraction are disposed, as it has wider national implications.
Finally, as someone on a modest income, $38 per hour is likely to amount to a significant barrier to my obtaining the release of the information, so, inline with the Government Guidelines, I believe the cost should be justly born by the Taranaki Regional Council.
Yours sincerely,
Paul McMahon
From: Chris Buhler
Taranaki Regional Council
Hi Paul,
You appear to be requesting the rationale for charges for the information request.
The Council has set out the requirements of the (LGOIMA) Act. You have requested a breakdown of the costs which is as follows;
1) Assessing the deepwell injection consents to establish which consents actually allow the discharge of hydraulic fracture fluids. These fluids are injected together with produced water (saline) and other wastes. So no discrete discharge consent is in place which is easily accessed for the processing of your request. This is estimated to cost $72 (two hours time).
2) The consents allow the Council to request the specific characteristics of the wastes injected. You have asked for the 'details of substances (chemical names and volumes etc) being injected into the wells'. This will take time to request and then forward on. This is estimated to cost $114 (three hours time).
3) Photocopying is not an issue as you point out, if you have the ability to receive the data electronically.
The total estimated cost is therefore $186 + GST.
The Council is a small organisation and has been receiving a large number of OIA requests which is soaking up staff time. Hence the Council cannot deviate from the law even for those like yourself on a limited income.
Please indicate if you would like to proceed with the information request as soon as possible.
Kind regards,
Chris Buhler
Assistant Consents Officer
-----Original Message-----
From: Paul McMahon [mailto:[OIA #391 email]]
Sent: Monday, 6 August 2012 5:13 PM
To: Chris Buhler
Subject: Re: DWI - information request
Dear Chris Buhler,
Thank you for your response to my LGOIMA request.
Can you please an invoice detailing the costs? I'd like to know
what I could be paying for and how long it might take.
I also would like the information electronically, please, so I am
not sure the charge for photocopying should apply, given the lack
of actual physical resources being consumed.
I also consider that releasing the information to be substantially
in the public interest. Whether the number of injections wells in
your region is considerable or not, your region has taken the lead
in petroleum extraction in New Zealand and is used as a positive
example of responsible regulation. The public, therefore, has an
interest in knowing how and where the by-products of extraction are
disposed, as it has wider national implications.
Finally, as someone on a modest income, $38 per hour is likely to
amount to a significant barrier to my obtaining the release of the
information, so, inline with the Government Guidelines, I believe
the cost should be justly born by the Taranaki Regional Council.
Yours sincerely,
Paul McMahon
-----Original Message-----
Hi Paul,
We have reviewed your information request sent on 19 July 2012. We
have
assessed that this information request will take longer than 1
hour.
Under the official information act time spent by staff searching
for
relevant material, abstracting and collating, copying,
transcribing and
supervising access where the total time involved is in excess of
one hour
should be charged out as follows, after that first hour:
· An initial charge of $38 for the first chargeable half
hour or
part thereof; and
· Then $38 for each additional half hour or part thereof.
The rate of charge applies irrespective of the seniority or
grading of the
staff member who deals with the request, except where staff with
specialist expertise who are not on salary are required to process
the
request, in which case a higher rate not above their actual rate
of pay
may be charged.
Time spent by staff in deciding whether or not to approve access
and in
what form to provide information should not be charged. While the
decision
to delete protected information is not chargeable, the physical
editing
is part of making the information available and is subject to
charges.
Photocopying or printing on standard A4 or foolscap paper where
the total
number of pages is in excess of 20 pages should be charged out as
follows:
· 20c for each page after the first 20 pages.
Do you wish to proceed with this information request provided that
the
charge above will apply?
Kind regards,
Chris Buhler
Assistant Consents Officer
Taranaki Regional Council
47 Cloten Road, Private Bag 713
Stratford 4352, New Zealand
Phone: 06 765 7127
Fax: 06 765 5097
www.trc.govt.nz
Working with people l caring for Taranaki
New Zealand ShakeOut
Be part of New Zealand's largest earthquake drill - visit
www.getthru.govt.nz
to register for ShakeOut and find out more information
This email has been scrubbed for your protection by SMX. For more
information visit [1]smxemail.com
References
Visible links
1. http://smxemail.com/
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[OIA #391 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
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If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
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From: Paul McMahon
Dear Chris Buhler,
Thank you for your response, but I don't think your response is fair or inline with the Government Guidelines.
The Waikato Regional Council has managed to respond to me satisfactorily here: http://goo.gl/Eu0Gb , as has Southland. I fail to see how my request to you is any different.
Yours sincerely,
Paul McMahon
From: Chris Buhler
Taranaki Regional Council
Hi Paul,
I understand your viewpoint, however we are unable to deviate from the (LGOIMA) Act requirements.
My previous email detailing the (LGOIMA) Act requirements still stands. The information request is far more time consuming as DWI is on a much larger scale in the Taranaki region, which as a result will take longer to process your request.
If you would like to continue with this information request please let me know as soon as possible.
Kind regards,
Chris Buhler
Assistant Consents Officer
-----Original Message-----
From: Paul McMahon [mailto:[OIA #391 email]]
Sent: Friday, 10 August 2012 2:31 PM
To: Chris Buhler
Subject: RE: DWI - information request
Dear Chris Buhler,
Thank you for your response, but I don't think your response is
fair or inline with the Government Guidelines.
The Waikato Regional Council has managed to respond to me
satisfactorily here: http://goo.gl/Eu0Gb , as has Southland. I fail
to see how my request to you is any different.
Yours sincerely,
Paul McMahon
-----Original Message-----
Hi Paul,
You appear to be requesting the rationale for charges for the
information request.
The Council has set out the requirements of the (LGOIMA) Act. You
have requested a breakdown of the costs which is as follows;
1) Assessing the deepwell injection consents to establish which
consents actually allow the discharge of hydraulic fracture fluids.
These fluids are injected together with produced water (saline) and
other wastes. So no discrete discharge consent is in place which is
easily accessed for the processing of your request. This is
estimated to cost $72 (two hours time).
2) The consents allow the Council to request the specific
characteristics of the wastes injected. You have asked for the
'details of substances (chemical names and volumes etc) being
injected into the wells'. This will take time to request and then
forward on. This is estimated to cost $114 (three hours time).
3) Photocopying is not an issue as you point out, if you have the
ability to receive the data electronically.
The total estimated cost is therefore $186 + GST.
The Council is a small organisation and has been receiving a large
number of OIA requests which is soaking up staff time. Hence the
Council cannot deviate from the law even for those like yourself on
a limited income.
Please indicate if you would like to proceed with the information
request as soon as possible.
Kind regards,
Chris Buhler
Assistant Consents Officer
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #391 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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Please consider the environment before printing this e-mail.
----------------------------------------------------------------
______________________________________________________________________________
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From: Paul McMahon
Dear Chris Buhler,
What will you charge me for answering this, then?
Are there any injection wells in the Taranaki region that have been used to dispose of aromatic hydrocarbon solvents, and, if so, what is the name of those solvents?
Yours sincerely,
Paul McMahon
From: Chris Buhler
Taranaki Regional Council
Hi Paul,
Hydraulic Fracturing fluids are reinjected via Deepwell Injection as produced water. All information regarding the characteristics and compositions of fluids injected are recorded and published by the Taranaki Regional Council as public information. All information on this matter is publically available on the Taranaki Regional Council website under Deepwell Injection Annual Compliance and Monitoring reports.
Kind Regards,
Chris Buhler
Assistant Consents Officer
-----Original Message-----
From: Paul McMahon [mailto:[OIA #391 email]]
Sent: Friday, 24 August 2012 9:55 AM
To: Chris Buhler
Subject: RE: DWI - information request
Dear Chris Buhler,
What will you charge me for answering this, then?
Are there any injection wells in the Taranaki region that have been
used to dispose of aromatic hydrocarbon solvents, and, if so, what
is the name of those solvents?
Yours sincerely,
Paul McMahon
-----Original Message-----
Hi Paul,
I understand your viewpoint, however we are unable to deviate from
the (LGOIMA) Act requirements.
My previous email detailing the (LGOIMA) Act requirements still
stands. The information request is far more time consuming as DWI
is on a much larger scale in the Taranaki region, which as a result
will take longer to process your request.
If you would like to continue with this information request please
let me know as soon as possible.
Kind regards,
Chris Buhler
Assistant Consents Officer
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #391 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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Please consider the environment before printing this e-mail.
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______________________________________________________________________________
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Paul McMahon left an annotation ()
Does anyone have any suggestions here?
What if I just ask for locations?
Link to this