Yes
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
"From: Mark Strandberg [mailto:MStrandberg@ringbenderlaw.com]
Sent: Tuesday, May 05, 2015 4:23 PM
To: Jennifer Cline; Dan Huff
Cc: Phillip Bender; J.W. Ring
Subject: RE: BCR v Molalla: City's proposal re Bear Creek Outfall in response to plaintiffs' latest Consent Decree proposal
Jeff would like to participate on this call. Would 1pm on Thursday work for everyone?
Thanks,
Mark
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Tuesday, May 05, 2015 2:03 PM
To: Dan Huff; Mark Strandberg
Cc: Phillip Bender; J.W. Ring
Subject: RE: BCR v Molalla: City's proposal re Bear Creek Outfall in response to plaintiffs' latest Consent Decree proposal
In my opinion, we do not share any video footage, I think this a can of worms for the City. Not only regarding the WWTP but our video of the collections side of things. I can be available at 9 or 11:30.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Tuesday, May 05, 2015 1:36 PM
To: Mark Strandberg; jcline@cityofmolalla.com
Cc: Phillip Bender; J.W. Ring
Subject: RE: BCR v Molalla: City's proposal re Bear Creek Outfall in response to plaintiffs' latest Consent Decree proposal
At this point I am free all day tomorrow.
From: Mark Strandberg [mailto:MStrandberg@ringbenderlaw.com]
Sent: Tuesday, May 05, 2015 12:01 PM
To: dhuff@cityofmolalla.com; jcline@cityofmolalla.com
Cc: Phillip Bender; J.W. Ring
Subject: FW: BCR v Molalla: City's proposal re Bear Creek Outfall in response to plaintiffs' latest Consent Decree proposal
Dan and Jen:
See below for their response to our last proposal. Please review, and we’d like to schedule a time to discuss this with you. Are you both available either between 9-10, or 11:30-1:30. It should be a relatively brief call.
Best,
Mark
From: Maura Fahey [mailto:maura@crag.org]
Sent: Monday, May 04, 2015 11:26 AM
To: Phillip Bender
Cc: Karl Anuta; J.W. Ring; Mark Strandberg; Christine Hein; Sarah Goodling
Subject: Re: BCR v Molalla: City's proposal re Bear Creek Outfall in response to plaintiffs' latest Consent Decree proposal
Phil,
Thank you for the proposed language to address the Bear Creek outfall. It is a good start to addressing our clients’ concerns regarding that outfall. We have a few suggested changes to that language to include scoping of the outfall system as a whole to ensure there are no other sources of wastewater, other than the plug at the chlorine contact basin. We propose changing paragraph 14 as follows:
14. As part of the City’s I/I Program, the City will purchase or contract for video scoping equipment to be used to inspect the City's municipal sewer system. Within 3 months (90 days) of purchasing or contracting for use of such equipment, the City will use the equipment to conduct an inspection of the interior of the Bear Creek outfall pipe and all former and existing connections to that outfall. The purpose of this inspection is in order to determine the effectiveness of the concrete plugs previously placed at the former connections of the WWTP to that outfall pipe from the chlorine contact basin and the aeration basin and to ensure there are no additional sources of wastewater effluent to the Bear Creek outfall. The City shall record any video footage taken of such inspection and provide a copy to Plaintiffs within fourteen (14) days of completion of the inspection. In the event that any leakage of treated effluent or wastewater from the WWTP through that plug is observed, the City will immediately report the observation to DEQ and work with DEQ to promptly address and resolve the issue in order to assure the effectiveness of the plug in preventing any further leakage of treated effluent or wastewater to the Bear Creek outfall.
We would like to put off resolving the attorneys fees until we are able to reach an agreement on the substance. We are still working through the other unresolved portions of the City’s most recent proposal, but if we are able to reach agreement on the language of ¶14 and thereafter resolve the attorneys fees issue, we think it is highly likely that our clients will be prepared to reach a final settlement.
Please let us know if the City accepts the proposed changes to Paragraph 14.
Thanks,
Maura
--
Maura Fahey
Associate Attorney
917 SW Oak, Suite 417
Portland, OR 97205
Office: 503.525.2722
Fax: 503.296.5454
Email: maura@crag.org
Protecting and sustaining the Pacific Northwest's natural legacy.
On Apr 30, 2015, at 6:17 PM, Phillip Bender <PBender@ringbenderlaw.com> wrote:
Settlement Communication – Not Admissible
Maura and Karl,
In response to your clients' concern about the potential leakage or discharge of treated effluent from the City's wastewater treatment plant via the abandoned and cemented up former connection to the Bear Creek outfall pipe, the City suggests that we resolve the issue by inspecting the interior of the Bear Creek outfall pipe at the plug. This should resolve your clients' suspicion that that plug is not effective in preventing leakage of treated effluent out of the WWTP and into Bear Creek via the outfall pipe. The City suggests the following provision be added to the Consent Decree as Paragraph 14:
14. As part of the City’s I/I Program, the City will purchase or contract for video scoping equipment to be used to inspect the City's municipal sewer system. Within 3 months (90 days) of purchasing or contracting for use of such equipment, the City will use the equipment to conduct an inspection of the interior of the Bear Creek outfall pipe in order to determine the effectiveness of the concrete plug previously placed at the former connection of the WWTP to that outfall pipe. In the event that any leakage of treated effluent from the WWTP through that plug is observed, the City will immediately report the observation to DEQ and work with DEQ to promptly address and resolve the issue in order to assure the effectiveness of the plug in preventing any leakage of treated effluent.
Please let us know if this language is acceptable. (Note that we have not changed any other element of the previous version of the Consent Decree that I sent to you on April 13.) Also, please let us know your response to the City's attorneys' fees proposal.
Thanks.
Phil
Phillip M. Bender - Partner
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925 Liberty Ave., 8th Floor
Pittsburgh, PA 15222
(412) 770-7721
Ring Bender McKown & Castillo LLLP
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<6F686812-053B-4BD0-9386-35FA3A001291[1].png><Molalla - 2015.4.30 BCR Draft Consent Decree (City's comments)[1].docx>