From: Mark Strandberg
Sent: Tue Nov 15 16:31:22 2016
To: Dan Huff; Gerald Fisher
Cc: J.W. Ring
Subject: RE: Molalla - Appeal of Penalty
Importance: Normal
Unfortunately, we’re not available then. Would 8am on Friday work?
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Tuesday, November 15, 2016 2:34 PM
To: Gerald Fisher; Mark Strandberg
Cc: J.W. Ring
Subject: RE: Molalla - Appeal of Penalty
I can do 11
From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]
Sent: Tuesday, November 15, 2016 2:31 PM
To: Mark Strandberg <MStrandberg@ringbenderlaw.com>; dhuff@cityofmolalla.com
Cc: J.W. Ring <jwring@ringbenderlaw.com>
Subject: RE: Molalla - Appeal of Penalty
I have a budget meeting then. I am available at 11:30 if we schedule it soon.
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
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From: Mark Strandberg [mailto:MStrandberg@ringbenderlaw.com]
Sent: Tuesday, November 15, 2016 1:48 PM
To: dhuff@cityofmolalla.com; Gerald Fisher (gfisher@cityofmolalla.com) <gfisher@cityofmolalla.com>
Cc: J.W. Ring <jwring@ringbenderlaw.com>
Subject: RE: Molalla - Appeal of Penalty
Dan & Gerald:
Would you be able to have a call to discuss next steps with regards to the appeal at 8am on Thursday?
Thanks,
Mark
From: Mark Strandberg
Sent: Monday, November 14, 2016 2:33 PM
To: dhuff@cityofmolalla.com; Gerald Fisher (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