From: Gerald Fisher

Sent: Fri Dec 09 11:53:58 2016

To: Mark Strandberg

Cc: Dan Huff; J.W. Ring

Subject: RE: DEQ response to the leak test

Importance: Normal

Attachments: image003.wmz; image005.png; image006.png;

 

Will have a draft response from Dyer Partnership related to DEQ’s letter and their use of data. Will have you review and comment. Memo will come to City and then we can respond to DEQ.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: Thursday, December 08, 2016 8:57 AM

To: Mark Strandberg <MStrandberg@ringbenderlaw.com>

Cc: Dan Huff <dhuff@cityofmolalla.com>; J.W. Ring <jwring@ringbenderlaw.com>

Subject: RE: DEQ response to the leak test

Mark,

A couple of points on Mr. Bailey letter.

· The nitrate levels increase the farther away you get from the WWTP. Curious.

· There is no discussion in his report about prior uses on those properties (Livestock = bacteria, Fertilizers = nitrates)

· The data he is hanging his hat on is from tests that are 10 years old.

· And lastly, he is claiming that the methodology has problems (their testing procedures) but does not offer a recommendation or identifies what the flaw is in the methodology.

It is very clear that they want groundwater monitoring and have all along (David Cole’s pet project). The question is how many other lagoon systems under their oversight are required to have groundwater monitoring. If all of them have it then I have no problem installing it. If not, then they need to come up with a reason why they can’t sign off on the leak test. I want to run another one next summer that includes topoing the water’s edge to lock down the surface area and not be affected by biosolids removal. We are wasting a ton of money on their fishing expedition.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: J.W. Ring [mailto:jwring@ringbenderlaw.com]

Sent: Tuesday, December 06, 2016 4:45 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>; Mark Strandberg <MStrandberg@ringbenderlaw.com>

Cc: Dan Huff <dhuff@cityofmolalla.com>

Subject: RE: DEQ response to the leak test

DEQ’s letter is not good. Let’s look at this and the other data very carefully before responding. We do not want this turned into another enforcement action.

Jeff

imageimage

This transmission is intended for the sole use of the individual or entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify this firm immediately by telephone at (503) 964-6730, or reply to this transmission.

From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]

Sent: Tuesday, December 06, 2016 4:40 PM

To: Mark Strandberg

Cc: J.W. Ring; Dan Huff

Subject: FW: DEQ response to the leak test

We have additional data because we measured more days. Will ask the consultant to look at the tail end of the leak test to see if there is a balance in the data. The start was a little bumpy and the lagoon area is approximate. They have been looking for an excuse to force well monitoring at our plant.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: YELTON-BRAM Tiffany [mailto:tiffany.yelton-bram@state.or.us]

Sent: Tuesday, December 06, 2016 4:11 PM

To: 'Gerald Fisher' <gfisher@cityofmolalla.com>; Dan Huff (Molalla) <dhuff@cityofmolalla.com>

Cc: COLE David <david.cole@state.or.us>; BAILEY Randall <randall.bailey@state.or.us>

Subject: DEQ response to the leak test

Hello Gerald and Dan,

Attached is a scan of the letter we are sending you with our response to the leak test. Once you’ve read it, please let me know if you have questions and would like to discuss the letter.

Tiffany Yelton Bram

WQ Source Control Manager

Oregon Department of Environmental Quality

700 NE Multnomah St., Suite #600

Portland OR 97232

Desk 503 229 5219

Mobile 503 975 0046