Office of Information Practices

U Memo 20-8
May 6, 2020
Cesspool Records

A requester asked DOH for “a) physical addresses and b) mailing addresses associated with all known active cesspools on all islands of the State of Hawaii,”  and subsequently amended the request to be for “a) TMK numbers and/or physical addresses associated with all known active cesspools on all islands of the State of Hawaii.”  DOH advised Requester that it did not maintain a list of tax map keys (TMKs) or addresses associated with active cesspools and explained why it did not have and could not readily produce such a list.  However, DOH did direct Requester to the location online of a record of TMKs associated with active cesspools maintained by another agency.

OIP found that DOH met its burden under the UIPA to demonstrate that it did not maintain the requested records, was not required to create a list or summary because the  information was not readily retrievable, and had directed Requester to where he could obtain a record maintained by another agency that might contain the information he sought.  See HRS § 92F-11 (2012) (setting out agency’s affirmative response obligations under the UIPA); HAR § 2-71-14(c) (1998) (allowing an agency that does not maintain a requested record to respond that it cannot produce the requested record, and if applicable direct the requester to another agency that may).  Thus, DOH’s response to Requester was consistent with the UIPA’s requirements.