From: Gerald Fisher
Sent: Tue Nov 15 16:48:38 2016
To: Mark Strandberg
Cc: J.W. Ring; dhuff@cityofmolalla.com
Subject: RE: Molalla - Appeal of Penalty
Importance: Normal
Attachments: 20161115 16-1114 Molalla - Notice of Appeal - Gerald' s Comments.docx; Mark, Attached is the appeal with my comments. Thanks. 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: Mark Strandberg [mailto:MStrandberg@ringbenderlaw.com] Sent: Monday, November 14, 2016 2:33 PM To: dhuff@cityofmolalla.com; Gerald Fisher (gfisher@cityofmolalla.com) <gfisher@cityofmolalla.com> Cc: J.W. Ring <jwring@ringbenderlaw.com> Subject: FW: Molalla - Appeal of Penalty Dan & Gerald Here is a draft Notice of Appeal we have put together. In putting it together, we noticed DEQ got some fundamental facts wrong. They are treating the first leak test as meeting the requirement of the permit, which means according to DEQ, the leak test was completed on August 19, 2015. While the permit had a deadline for the leak test of June 1, 2015, that deadline was extended through a permit modification issued by David Cole. That modification is also attached to this email, and David Cole’s email re: same is below. It set a deadline of August 31, 2015, which, since DEQ is treating the initial test as meeting the requirement, means that Molalla actually met the deadline. Please take a look at this letter and let us know if you have any edits or comments. Gerald: there is one specific comment in the appeals letter for you to address. Thanks, Mark From: COLE David [mailto:COLE.David@deq.state.or.us] Sent: Thursday, December 18, 2014 2:33 PM To: 'Jennifer Cline' Cc: COLE David Subject: Molalla permit mod. Hi Jennifer. I just left you a voice mail message saying I am e-mailing you the permit modification documents for the lagoon leak test time extension. If you have any questions or comments, call or e-mail me. David Cole, R.G. Water Quality Permit Compliance Specialist DEQ Northwest Region & Western Region 2020 SW 4th Avenue Portland, OR 97201 (T) 503-229-5011 (F) 503-229-6957