Report 2018-107 All Recommendation Responses

Report 2018-107: California Department of Resources Recycling and Recovery: It Has Not Provided the Oversight Necessary to Ensure That the Mattress Recycling Program Fulfills Its Purpose (Release Date: August 2018)

Recommendation for Legislative Action

The Legislature should amend the recycling act to require CalRecycle to establish goals for the mattress program that relate to increasing consumer convenience, encouraging source reduction, and reducing illegal mattress dumping, as well as for any other areas that CalRecycle identifies as critical to the mattress program achieving the intent of the recycling act. It should require CalRecycle to establish goals in the first three specified areas by July 2020.

Description of Legislative Action

The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.

Description of Legislative Action

As of August 30, 2021, the Legislature has not taken any additional actions to address this specific recommendation.

AB 187 (Chapter 673, Statutes of 2019) requires CalRecycle, in consultation with the mattress recycling organization (organization) and based on methodology contained in the plan, to develop and make public, on or before July 1, 2020, metrics and goals for increasing consumer convenience for used mattress drop-off, disposal, and recycling in a way that applies to the entire state regardless of socioeconomic conditions.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Description of Legislative Action

AB 187 (Chapter 673, Statutes of 2019) requires CalRecycle,

in consultation with the mattress recycling organization (organization) and based on methodology contained in the plan, to develop and make public, on or before July 1, 2020, metrics and goals for increasing consumer convenience for used mattress drop-off, disposal, and recycling in a way that applies to the entire state regardless of socioeconomic conditions.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Description of Legislative Action

AB 187 (C. Garcia) would, in part, require CalRecycle, in consultation with the mattress recycling organization, and after taking into consideration relevant economic and practical considerations and other information, establish and make public the following, on or before July 1, 2020, metrics and goals for increasing consumer convenience for used mattress drop off, disposal, and recycling in a way that applies to the entire State regardless of socioeconomic conditions.

California State Auditor's Assessment of 1-Year Status: Legislation Introduced

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 6-Month Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

The Legislature should amend the recycling act to limit the time period for which the recycling plan is valid and to require the Mattress Council to regularly submit new plans to CalRecycle that are subject to its review and approval.

Description of Legislative Action

The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.

Description of Legislative Action

As of August 30, 2021, the Legislature has not taken any additional actions to address this specific recommendation.

AB 187 (Chapter 673, Statues of 2019) requires the organization, during calendar year 2020 and at least once every five years thereafter, to review the recycling plan and determine whether amendments to the recycling plan are necessary. If the organization determines that no amendments to the recycling plan are necessary, it is required to send a letter to CalRecycle explaining that the organization has reviewed the recycling plan and determined no revisions are needed.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Description of Legislative Action

AB 187 requires the organization, during calendar year 2020 and at least once every five years thereafter, to review the recycling plan and determine whether amendments to the recycling plan are necessary. If the organization determines that no amendments to the recycling plan are necessary, it is required to send a letter to CalRecycle explaining that the organization has reviewed the recycling plan and determined

no revisions are needed.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Description of Legislative Action

AB 187 would require, during calendar year 2020, and at least once every five years thereafter, the mattress recycling organization to review the plan and determine whether amendments to the plan are necessary

California State Auditor's Assessment of 1-Year Status: Legislation Introduced

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 6-Month Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

The Legislature should amend the recycling act to require the Mattress Council to submit with its annual budget any additional details that CalRecycle determines are reasonable for its effective oversight of the mattress program. The Legislature should amend the recycling act to prohibit the Mattress Council from spending the recycling charges it collects in a year for which CalRecycle has not approved the mattress program's budget. Further, the Legislature should clarify that the Mattress Council's operating without an approved budget is a violation of the recycling act.

Description of Legislative Action

AB 187 requires the proposed used mattress recycling program budget to include additional information that CalRecycle deems necessary to determine whether the budget meets statutory requirements. Until a budget has been approved or deemed approved, the organization shall make expenditures consistent with the most recent budget approved by CalRecycle until a new budget has been approved or deemed approved by the department.

California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted

Description of Legislative Action

AB 187 would require the mattress organization to make expenditures consistent with the most recent department-approved budget until a new budget has been approved or deemed approved by CalRecycle.

California State Auditor's Assessment of 1-Year Status: Legislation Introduced

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 6-Month Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation #4 To: Resources Recycling and Recovery, Department of

By January 1, 2020, CalRecycle should update the baseline and goals for mattress recycling to reflect the most current available information it has related to the number of mattresses disposed of statewide. In addition, it should ensure that its recycling goals are statewide in scope by including information about recycling and renovation from entities that do not contract with the Mattress Council.

Annual Follow-Up Agency Response From August 2020

On March 9, 2020, CalRecycle held a public workshop seeking stakeholder feedback on proposed updates to the state mattress recycling baseline and goals. Staff incorporated stakeholder feedback into the proposed baseline and goals, and presented recommendations to CalRecycle's acting director for consideration at CalRecycle's June 16, 2020, monthly public meeting. The acting director approved staff's recommendation on June 27, 2020. CalRecycle updated the state mattress recycling baseline and goals to reflect the most current available statewide information as reported to the department by all mattress recyclers, mattress renovators, and solid waste facilities that accept used mattresses from the public, regardless of their participation in the Mattress Recycling Council's (MRC) Program. The updated goals, that are statewide in scope, went into effect on the statutory due date of July 1, 2020.

A statewide recycling rate goal was established, which includes mattresses managed both within the MRC's program, as well as mattresses managed by entities that do not contract with the MRC. Additionally, CalRecycle established a statewide mattress recycling efficiency rate, which is calculated based on the amount of material recycled and renovated from mattresses collected statewide, both within and independent of the MRC's program. Therefore, the updated baseline and goals are statewide and reflect the most current available information, consistent with Recommendation #4 of the audit.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

CalRecycle will update the state mattress recycling baseline and goals to reflect current statewide information by July 1, 2020. This process, which is consistent with the initial baseline and goal-setting process, will include internal staff meetings to develop, analyze, and evaluate proposed changes, consulting, as necessary, with the Mattress Recycling Council (MRC) regarding the proposed changes, sharing its draft proposal publicly, and soliciting feedback from stakeholders. Staff will hold a public workshop in March or April 2020, invite stakeholder meetings for further input, and determine the need for additional workshops or targeted stakeholder meetings. Staff will incorporate stakeholder feedback into the proposed baseline and goals, as appropriate, and present recommendations to CalRecycle's director for consideration no later than the May 19, 2020 CalRecycle monthly public meeting. If approved, the revised baseline and goals would take effect July 1, 2020.

CalRecycle plans to update the statewide baseline and recycling goals using the most current statewide data by July 1, 2020. All mattress recyclers, mattress renovators, and solid waste facilities that accept used mattresses from the public are required to report to CalRecycle annually through the Mattress Recovery and Recycling Program database, regardless of their participation in the MRC's Program. Therefore, the updated baseline and goals will be statewide and apply to recyclers, renovators, and

solid waste facilities that accept used mattresses from the public, including entities that participate and do not participate in the MRC's Program.

The Chief of the Statewide Technical & Analytical Resources Branch, will be responsible for the implementation of the plan.

California State Auditor's Assessment of 1-Year Status: Pending

In our report, we recommended that CalRecycle update the state mattress recycling baseline and goals by January 1, 2020. In its 60 day and six month responses, CalRecycle indicated that it would implement our recommendation by this date. However in its one year response, CalRecycle indicates that it will not implement this recommendation until July 1, 2020.

6-Month Agency Response

CalRecycle will update the state mattress recycling baseline and goals to reflect current statewide information by 1/1/20. This process includes CalRecycle staff meeting internally to develop, analyze, and evaluate proposed changes, such as adding a recycling rate and convenience goals. Staff will consult with the Mattress Recycling Council (MRC) regarding the proposed changes, as necessary. Staff will share its draft proposal publicly and solicit feedback from stakeholders. CalRecycle will then hold a public workshop on August 20, 2019, and invite stakeholders to meet with staff and provide suggestions. Staff will determine whether an additional workshop or other targeted stakeholder meetings should be considered based on the number and types of stakeholder comments received. After the completion of the workshop and two-week public comment period, staff will incorporate stakeholder feedback into the proposed baseline and goals, as appropriate, and finalize the document. Staff will present the recommendations for the baseline and goals to CalRecycle's director for approval no later than the November 19, 2019, CalRecycle monthly public meeting. The effective date will be January 1, 2020.

CalRecycle plans to update the baseline and goals using the most current statewide data. All mattress recyclers, mattress renovators, and solid waste facilities that accept used mattresses from the public are required to report to CalRecycle annually through the mattress recovery and recycling program database, regardless of their participation in the MRC's Program. Therefore, the updated baseline and goals will be statewide and apply to recyclers, renovators, and solid waste facilities that accept used mattresses from the public both inside and outside of the MRC's Program.

Howard Levenson, Deputy Director of Materials Management and Local Assistance Division, will be responsible for the implementation of the plan.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

CalRecycle will update the state mattress recycling baseline and goals to reflect current statewide information by January 1, 2020. This process includes CalRecycle staff meeting internally to develop, analyze, and evaluate proposed changes, such as adding a recycling rate and convenience goals. Staff will consult with the Mattress Recycling Council (MRC) regarding the proposed changes and then share its draft proposal publicly and solicit feedback from stakeholders. CalRecycle will then hold a public workshop in August 2019 and invite stakeholders to meet with staff and provide suggestions. After the completion of the workshop and two-week public comment period, staff will incorporate stakeholder feedback into the proposed baseline and goals, as appropriate, and finalize the document. The finalized recommendations for the state mattress recycling baseline and goals are to be approved by the director of CalRecycle no later than the December 2019 CalRecycle monthly public meeting.

CalRecycle plans to update the statewide baseline and recycling goals using current statewide data. All mattress recyclers, mattress renovators, and solid waste facilities that accept used mattresses from the public are required to report to CalRecycle annually through the mattress recovery and recycling program database, regardless of their participation in the MRC's Program. Therefore, the updated baseline and goals will be statewide and apply to recyclers, renovators, and solid waste facilities that accept used mattresses from the public both inside and outside of the MRC's Program.

Howard Levenson, Deputy Director of Materials Management and Local Assistance Division, will be responsible for the implementation of the plan.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #5 To: Resources Recycling and Recovery, Department of

In order to bring violators of the recycling act into compliance and to ensure that its enforcement activities are timely, CalRecycle should do the following:

- Assess penalties for noncompliance with the recycling act.

- Publicize any penalties it assesses against violators of the recycling act as a deterrent to potential violators.

- Monitor inspection cases to ensure that it does not complete them before the retailers in question have remedied any instances of noncompliance.

- Execute a plan to verify compliance for all inspections in which it did not obtain evidence of compliance.

- Develop and implement a timeline for the penalty phase of the enforcement process.

- Regularly review the timeliness of its enforcement process and prioritize any overdue enforcement actions based on its enforcement timelines.

Annual Follow-Up Agency Response From October 2021

CalRecycle assesses penalties for noncompliance with the mattress recycling act through settlements and administrative civil complaints consistent with Title 14 California Code of Regulations sections 18970 and 18971. Consistent with Government Code section 6253.8, CalRecycle posts enforcement actions for noncompliance and associated assessed penalty amounts as a deterrent on our internet website at www2.calrecycle.ca.gov/Docs/EnforcementOrder.

CalRecycle monitors mattress inspections cases through its ShEPRd database to ensure that inspections are not closed out before the businesses have remedied any noncompliance. ShEPRd2 has validation and verification points which inspectors need to acknowledge, which include verifying that violations have been corrected prior to "concluding" an inspection. ShEPRd2 requires final supervisor approval when: violations are recorded in the database; inspection reports and notices of violation are drafted; and inspection cases related to violations are "concluded".

CalRecycle implemented a plan to track the 188 businesses identified in the 2018 State Auditor's report. Of the 188 businesses:

- 185 provided supporting documentation that they were compliant or no longer subject to the mattress recycling act.

- One business was served an administrative complaint alleging civil penalties on June 3, 2021. The enforcement action is on-going.

- Two businesses have on-going violations and CalRecycle is pursuing enforcement actions.

CalRecycle has developed and implemented a progressive enforcement process. Through this process CalRecycle prioritized the enforcement actions identified in the 2018 State Auditor's report and completed 98.4% of the 188 inspections. CalRecycle has continued to review the timeliness of its enforcement process and is now averaging 91 days from the final notice of violation deadline to issuance of a settlement offer with penalties.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From September 2020

CalRecycle has taken steps to ensure that mattress inspections are complete, including verifying that a retailer has remedied any instances of noncompliance. This has been accomplished through the development and implementation of a verification procedure that is built within CalRecycle' s ShEPRd2 system/database.

ShEPRd2's design includes a system of tracking. In addition, the Supervisor maintains a tracking system of those businesses that have been issued a streamlined penalty or have been transferred to the Legal Office for issuance of an Accusation. This additional system allows the supervisor and upper management to monitor businesses as they progress through the phased enforcement process.

Of the 188 inspections that required follow-up, 185 have been concluded; one was referred Legal Affairs for further action; and two in process.

Since the completion of the audit, the Legal Office has received 10 referrals that are eligible for pursuit of administrative penalties via administrative litigation. Six of those referrals have been resolved either through settlement or administrative decision. The remaining four are under development and being prioritized based on advice from enforcement staff. The outstanding administrative default decision (Furniture Warehouse) is being converted into a civil judgment to facilitate pursuance of penalty collection.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Although it provided some evidence that it had taken steps to implement the recommendation, this evidence, which included excerpts of its inspection case tracking sheets and the status of cases within the penalty phase did not address all components of the recommendation.

1-Year Agency Response

CalRecycle has completed its progressive enforcement process and timelines.

CalRecycle continues to execute the procedures and tracking system created to ensure that every inspection that notes a violation is followed-up on. Staff will either verify compliance or initiate the progressive enforcement process and continue through that process until the business in question achieves compliance and/or penalties are pursued.

Summary of backlogged cases:

Of the initial group of 22 business, the department found 20 business compliant, and found two (2) in violation. The department issued penalties on these latter businesses; they are now compliant. Of the group of 22, two (2) businesses have new violations and the department has initiated the streamline penalty process.

Of the second group of 166 businesses with violations (other than registration with MRC), 159 businesses are in compliance, one (1) business is under further investigation, and six (6) businesses are in the accusation phase. Since the last audit response report (6-month report), the department issued penalties on five (5) businesses; these five are now compliant.

CalRecycle website, www2.calrecycle.ca.gov/Docs/EnforcementOrder, is compliant with Government Code Section 6253.8. Once an enforcement case decision is delivered, it is posted.

The Deputy Director of Waste Permitting, Compliance and Mitigation Division, continues to ensure full implementation of the plan.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

CalRecycle did not provide evidence that it fully implemented all components of this recommendation. It did not provide evidence that it is actively monitoring inspection cases, nor did it provide evidence that it executed its plan to verify compliance for all inspections in which it did not obtain evidence of compliance. Further, CalRecycle did not provide evidence that it has implemented its timeline for the penalty phase of the enforcement process or that it is regularly reviewing the timeliness of the enforcement actions.

6-Month Agency Response

CalRecycle is updating steps in the progressive enforcement process and timeline. A newly developed streamline penalty process is being piloted and will be added to the progressive enforcement flow chart and timeline which was provided in the 60 day response.

CalRecycle continues to execute procedures and tracking system to ensure that every inspection that notes a violation is followed-up on and that staff either verifies compliance or initiates the progressive enforcement process and continues through that process until compliance achieved and /or a penalty is assessed. Summary of backlogged cases: 1) of initial group of 22 business, 20 business are in compliance and 2 are in accusation phase, pending decision, 2) of second group of 166 businesses with violations (other than registration with MRC), 81 businesses are in compliance, 36 businesses are being verified, 7 businesses are in accusation phase. Remaining 78 businesses will be reviewed by summer of 2019.

CalRecycle website, https://www2.calrecycle.ca.gov/Docs/EnforcementOrder/, is compliant with Government Code Section 6253.8. Once an enforcement case decision is issued, a press release will be posted.

Mark de Bie, Deputy Director of Waste Permitting, Compliance and Mitigation Division, will be responsible for the implementation of the plan.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

CalRecycle is moving forward with litigation against several businesses that have not come into compliance. Penalties will be assessed pursuant to litigation. It is also preparing to update its public website to allow for the publicizing of penalties assessed against violators. It will begin issuing press releases describing enforcement and penalty actions. It is encouraging the Mattress Recycling Council California to publish future press releases in its monthly newsletter.

Additionally, CalRecycle developed a tracking system that identifies the specific phase of an inspection and ensures complete documentation of compliance will be obtained for each inspection conducted. CalRecycle has also refined the mattress enforcement procedures to specify that cases should not be concluded until all violations are corrected.

CalRecycle has developed and is executing a plan to certify compliance for all inspections in which full documentation of compliance has not been obtained. As a result, re-inspections are occurring and many businesses are moving into compliance. Staff is gathering information to pursue enforcement actions on other businesses as appropriate, prioritizing those that have not registered with MRC.

CalRecycle has begun work on developing a timeline for the penalty phase. The completion of existing enforcement efforts will be used to develop a timeline and provide reasonable expected periods for cases to be completed. CalRecycle is also developing a streamlined penalty process for administrative civil penalties that will further expedite the penalty phase.

CalRecycle management receives regular status reports regarding field inspections. These reports are based on the new standardized tracking system that provides for continuous updates of the status of inspections as well as enforcement actions.

Mark de Bie, Deputy Director of Waste Permitting, Compliance and Mitigation Division, will be responsible for the implementation of the plan.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation for Legislative Action

The Legislature should amend the recycling act to require the Mattress Council to maintain a reserve equal to no more than six months of the mattress program's budgeted expenses. Further, the Legislature should amend the recycling act to provide CalRecycle the ability through its budget approval process to direct the spending of any amount of funding that the Mattress Council accumulates in excess of this amount or to adjust the mattress recycling charge.

Description of Legislative Action

AB 187 requires the organization, commencing January 1, 2027, to maintain total reserves that do not exceed 60 percent of its annual operating expenses, and authorizes CalRecycle to approve a reserve up to 75 percent. If the organization's reserves exceed the specified amount, CalRecycle may require the organization to increase spending on implementing statutory requirements in order to reduce the excess amount of reserves.

California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted

Description of Legislative Action

AB 187 would prohibit the mattress recycling organization, commencing with the 2027-28 fiscal year, from maintaining total reserves exceeding 60 percent of its annual operating expenses, consistent with the requirements of the Financial Accounting Standards Board's Accounting Standards Update 2016-14, Not-for-Profit Entities (Topic 958), and any future updates to that standard. CalRecycle, in approving the annual budget, may authorize the total reserves to be increased to up to 75 percent of the organization's annual operating expenses if CalRecycle determines the increase is necessary. If the mattress recycling organization's reserves exceed the specified amount, CalRecycle may require the mattress recycling organization to increase spending in order to reduce the excess amount of reserves.

California State Auditor's Assessment of 1-Year Status: Legislation Introduced

Description of Legislative Action

Assembly Bill 187 (C. Garcia), introduced January 10, 2019, would require the Mattress Council to include in its proposed program budget a recommended funding level sufficient to cover the plan's budgeted costs and to operate the mattress recycling program over a 6-month period in a prudent and responsible manner. The bill would prohibit the Mattress Council from maintaining more funding in its reserve than the recommended funding level for that calendar year.

California State Auditor's Assessment of 6-Month Status: Legislation Introduced

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

Recommendation for Legislative Action

The Legislature should amend the recycling act to require the Mattress Council to include in its recycling plan measurable goals in the areas of consumer awareness and research on new technology. Further, the Legislature should require that the Mattress Council's annual report include information about the mattress program's progress toward meeting those goals.

Description of Legislative Action

The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

The Legislature did not take action in the 2021-2022 legislative session to address this specific recommendation.

Description of Legislative Action

As of August 30, 2021, the Legislature has not taken any additional actions to address this specific recommendation.

AB 187 (Chapter 673, Statutes of 2019), in part, requires the organization, by July 1 of each year, to submit to CalRecycle and make publicly available on its website examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years as well as other mechanisms, including advertising of the program, to increase consumer awareness. This statute also requires the organization, for reports submitted on and after July 1, 2021, to report on research activities to improve used mattress collection, dismantling, recycling operations, source reduction, and green product design.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Description of Legislative Action

AB 187, in part, requires the organization, by July 1 of each year, to submit to CalRecycle and make publicly available on its website examples of educational materials that were provided to consumers the first year and any changes to those materials in subsequent years as well as other mechanisms, including advertising of the program, to increase consumer awareness. This statute also requires the organization, for reports submitted on and after July 1, 2021, to report on research activities to improve used mattress collection, dismantling, recycling operations, source reduction, and green product design.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Description of Legislative Action

AB 187 would require the mattress recycling organization, for reports submitted after July 1, 2021, to report on the following:

1) Activities to meet consumer and retailer accessibility goals, and on the the organization's progress in meeting, and planned efforts to meet, those goals.

2) Research activities to improve used mattress collection, dismantling, recycling operations, source reduction and green product design, and the response to the problem of illegal dumping and a report on the progress made as a result of the research activities.

3) Pilot programs to test new processes, methods, or equipment on a local, regional, or otherwise limited basis, such as those designed to clean up illegally dumped mattresses, gather data and identify strategies to reduce the number of illegally dumped mattresses, in partnership with the cities and counties identified by the mattress recycling organization as having areas with the highest rate of illegal dumping in the state. Pilot program descriptions shall include a mechanism to measure success, such as establishing a baseline and goals when possible and report on the progress made in undertaking the pilot programs.

California State Auditor's Assessment of 1-Year Status: Legislation Introduced

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 6-Month Status: No Action Taken

Description of Legislative Action

The Legislature has not taken action to address this specific recommendation.

California State Auditor's Assessment of 60-Day Status: No Action Taken

All Recommendations in 2018-107

Agency responses received are posted verbatim.