Village of Woodridge properly withheld water shutoff valve maps under 7(1)(x)

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Dear

This determination letter is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA). 1 For the reasons stated below, the Public Access Bureau has determined that your Request for Review is unfounded.

On March 28, 2024, you submitted a FOIA request to the Village of Woodridge Village) seeking "[ c]urrent maps and other records identifying the location of stopcock chambers ( water shutoff valves) for all residence[ s] on Carolwood Lane, Gatewood Lane, Westview Lane, Edgewood Parkway, Lindenwood Lane, and Eastwood Lane." 2 On April 4, 2024, the Village informed you that you met the definition of a recurrent requester and you would receive a response to your FOIA request within 21 business days. On April 26, 2024, the Village denied your request pursuant to section 7(1)(k) of FOIA. 3 Later the same day, you submitted this Request for Review challenging the Village' s denial.

Under FOIA, "[ a]ll records in the custody or possession of a public body are presumed to be open to inspection or copying." 5 ILCS 140/1.2 (West 2022). Any public body that denies a record " has the burden of proving by clear and convincing evidence" that the record is exempt from disclosure. 5 ILCS 140/1.2 (West 2022). The exemptions from disclosure are to Although the Village cited section 7(1)(k) of FOIA to deny the request, section 7(1)(x) of FOIA 4 is more applicable. Section 7(1)(x) of FOIA exempts from disclosure "[ m]aps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency." See Ill. Att'y Gen. PAC Req. Rev. Ltr. 77360, issued September 27, 2023, at 4 (concluding that locations of combined sewer outfall points constituted records regarding the location of a utility's transmission and treatment facilities).

In a May 21, 2024, telephone call with an Assistant Attorney General in the Public Access Bureau, the Village FOIA officer informed this office that the only responsive records were maps identifying the locations of the water shut-off valves. The FOIA officer further explained that the shut-off valves are located where the municipality' s water utility line connects with a private residence' s plumbing, and with the use of a "key" can be used to allow or restrict water from the municipality to the individual' s residence.

The requested records are maps that show the specific locations of shut-off valves used by the Village' s water utility to distribute water to the Village's residents. Based on the plain language of section 7(1)(x), maps regarding the location of the Village's water distribution facilities, which include the locations of residential shut-off valves, are exempt from disclosure under FOIA. Accordingly, your allegation that the Village improperly responded to your FOIA request is unfounded.

This file is closed. If you have any questions, please contact me at (217) 685- 4237 or victoria.frazier@ilag. gov. Thank you.

Very truly yours, VICTORIA FRAZIER Assistant Attorney General Public Access Bureau 81197 f unf mun