This Web site was created to provide a faster, more efficient avenue to accessing Kentucky’s Department for Environmental Protection’s public records. Anyone interested in exercising his or her rights under the Open Records Act (ORA), KRS 61.870, to view our records may do so.
What is an open records request?
Kentucky Revised Statute (KRS) 61.870 and the Open Records Act (ORA) define a public record as:
…all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency.
For any reason, someone may request an inspection of the cabinet’s records. Unless the material is exempt from disclosure under KRS 61.878, the cabinet, as a rule, must respond to a request within three working days after the request is received. (Please note that according to the Office of the Attorney General, ". . . the purpose of the ORA is not to provide information, but to provide access to public records…" OAG 89-81, OAG 90-19.)
What is the procedure for inspecting public records?
To make an open records request, you must submit a written request to the records custodian of each division from which you desire records. A written request is either a completed open records request form: MS Word | PDF or a letter stating specifically which records are desired for review. This request may either be faxed, mailed or e-mailed to mary.hawkins@ky.gov the division's records custodian. A records custodian generally needs the following information: (1) the name of the facility and (2) the city (or county) in which the facility is located. Specifying the records or information desired affords the records custodians direct knowledge of which files to provide, and establishes the scope of the required response.
What is a records custodian?
Each division has at least one individual designated as records custodian. This individual is the specialist on open records requests and is responsible for consistently accepting and coordinating reviews of open records. This individual is expected to firmly abide by the Open Records Act in order to protect the sanctity of the division’s historical records.
How long will it take to get a response?
Under KRS 61.880(1), a decision to grant or deny an open records request must be made within three working days after the request is received. Weekends and holidays do not count as part of the three-day response time. For example, if a custodian receives a request on Monday, June 23, she must respond to the requester by Thursday, June 26, provided that the 23rd, 24th, 25th and 26th are not holidays.
The records custodian may advise any requester that the records will be made available for review at the end of the three-day period to best manage time in completing already scheduled duties and to properly prepare the files for reviewing. If it is known, however, that the files can be reviewed sooner, then the requester can be so advised, even to the point of an immediate response, subject to the requirement of this protocol.
What material is exempt from public inspection?
Any file must be reviewed before it is inspected by a member of the public to determine what, if any, exempted material may be contained in the files. Nondisclosable material is kept in a separate file(s). The following records will be exempt from an information request under KRS 61.878:
- Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency (KRS 61.878(1)(g)).
- Preliminary drafts, notes and correspondence with private individuals other than correspondence that is intended to give notice of final action of a public agency (KRS 61.878 (1)(h)).
- Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies are formulated or recommended (KRS 61.878 (1)(j)).
- All public records or information the disclosure of which is otherwise prohibited by federal law or regulation, and public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by an enactment of the General Assembly (KRS 61.878 (1)(j&k)).
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If you have any comments, suggestions or questions pertaining to the Kentucky Department for Environmental Protection’s Open Records Act process, contact:
Division for Air Quality File Room
803 Schenkel Lane
Frankfort, KY 40601
502-573-3382
Fax: 502-573-3787
Division of Waste Management File Room
14 Reilly Road
Frankfort, KY 40601
502-564-6716
Fax: 502-564-9232
Division of Water File Room
14 Reilly Road
Frankfort, KY 40601
502-564-3410
Fax: 502-564-5105
