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

cole.david@deq.state.or.us