[Pharmwaste] FOIL Appeal to DEA

Ed Gottlieb egottlieb at cityofithaca.org
Thu Mar 7 11:14:48 EST 2013


I recently posted to "Participants of DEA National Take-Back
Initiatives" asking what data DEA collected.
The six responses I received (FL, MA, NY, UT, VA, & WA) were included
in a FOIL appeal contesting the DEA claim of not having the requested
data (see below.)
If you ran a collection, I'd be happy to include your additional
information in this appeal.
1. Did the DEA require that you report any data to them?  The number of
pounds collected?  The number of participants?  Other?
  1A. If you were involved in more that one collection location, did
they require separate data from each or only a total from all sites?
  1B. If the DEA didn't pick-up the collected meds (local law
enforcement disposed of them) did the DEA ask you to report data?
(pounds collected/destroyed?  Additional?)
2. Did the DEA not ask for any data?
  2A. Did you gave them data anyway?  What data did you provide?
  2B. Were chain-of-custody forms filled out when they took the
collected meds?
  2C. Did they let you know the amount they received?
3. Did you provide DEA with any data other than the weight collected?
What exactly?
 
Thanks so much for your assistance!
 



Ed Gottlieb
Chair, Coalition for Safe Medication Disposal
Industrial Pretreatment Coordinator
Ithaca Area Wastewater Treatment Facility
525 3rd Street
Ithaca, NY 14850
(607) 273-8381
fax: (607) 273-8433


February 07, 2013
 
United States Department of Justice
Office of Information Policy
NYAV Building, 11th Floor
Washington, D.C. 20530
 

Re: FOIPA Appeal of Case Number 13-00066-F


To Whom It May Concern:

Under the provisions of the Federal Freedom of Information Law, I
submitted a request on October 18th, 2012 to Freedom of Information
Operations Unit (SARO) at the Drug Enforcement Administration located at
700 Army Navy Drive in Arlington, VA 22202.  The request was for
collection data from locations participating in the DEA’s National
Take-Back Initiative.  The response I received dated Feb 25, 2013,
states that event participants were not required to provide the
requested information so it isn’t available.
 
Either my request was not written clearly enough or there could be
confusion about the meaning of the word, “participant”.
 
First, I want to more clearly state the information desired.  I am
requesting the most detailed data available for the number of pounds
collected by location and any other data, including the number of
participants, reported by collection sites participating in any DEA
National Take-Back Initiative.  Wherever possible, that would be for
individual collection sites.  When the data is for a DEA pick-up
location where material from multiple collection sites was gathered, I
would still like to receive this data.  If the sites or total number of
sites that contributed their material to that pick-up point is known,
I’d like to also receive that information..
 
It is hard to imagine a DEA field officer doing a pick-up of
pharmaceuticals without completing a chain-of-custody form.  This
paperwork would, at a minimum, require the number of containers received
and the total weight transferred to be recorded.
 
Through a pharmaceutical disposal Listserv, I asked organizers of
collection sites around the country to let me know what information they
provided to the DEA.  Responses varied geographically; apparently
different DEA field offices have different requirements.  Here are some
of the replies I received:
FL: “They did ask for collection numbers. I called after the events and
gave them # to add to their numbers.”
MA: “The DEA did not require any information from us whatsoever.”
NY: “We have been required to give stats (# of residents’ serviced and
total weight of materials collected) for each site. “
UT: “They did not ask us to keep track of number of participants nor
the pounds collected as they provided large cardboard disposal boxes and
weighed them and then let us know our total pounds by pick-up site.”
VA: “The DEA ASA agent we have here in Virginia has always shared the
spreadsheets of the collection sites and pounds collected with me.”
WA: “The Seattle Field Division is very cooperative and typically gets
us a spreadsheet by county for the NW states about a month after the
event.”
 
It seems likely that the National DEA office only required DEA regional
offices to submit the total weight they collected and did not ask for
any other data.  When considering my FOIL request, if the DEA chose to
view “participants” as their own regional offices, I can understand the
claim of not having the requested detailed information.
 
However, my use of the word “participants” related to collection sites.
 As I make clear above, regional and/or field offices of the DEA should
have considerable data, though that amount will vary between different
offices and/or regions.  The data may have come from site organizers
reports, be in chain-of-custody forms, or in data generated by the DEA
when they weighed what was received.  The data will mostly be weights
and sometimes will include additional information, such as the number of
participants.
 
The DEA’s Office of Diversion Control should have the authority to ask
all DEA offices to provide them with all the data that the offices
collected and/or received from participating collection sites.
 
If my request fails to reasonably describe the records desired, please
contact me in writing or by phone.

If there are any fees for copying the records requested, please inform
me if the fees will be in excess of $25.  Otherwise, please proceed with
this request.
 
I would appreciate a response as soon as possible and look forward to
hearing from you shortly. If this appeal is denied, please inform me of
the reasons for the denial in writing.

Sincerely,
 
 

Ed Gottlieb
Industrial Pretreatment Coordinator
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