RE: Molalla's leaking lagoons

Cc: Richard Whitman; DECONCINI Nina; BACHMAN Jeff; rdavis@oregonian.com; jason.miner@oregon.gov; grandinetti.robert@epa.gov; PINNEY Mike

There are actions I can require a permit holder to do because the action is included in their permit and there are actions I can require because I have evidence of a violation of a water quality standard or other rule. When we wrote the city of Molalla’s permit issued in 2014, we included the requirement that lagoons be leak tested by a certain date. We did not include language to require groundwater monitoring or other action after the test was completed and accepted.

As you know, the first two attempts by the city to conduct a leak test were not conclusive due to errors in conducting the test and equipment problems. Our permit language stated that the test had to be completed by a certain date but we did not say that a test without errors had to be completed by a certain date. As a result, there is no penalty for the city to repeat the test and submit an acceptable test after the date in the permit. The city submitted a test that we found acceptable on August 7, 2017.

The test accepted on August 7, 2017, showed a leakage rate that is higher than the rate in our guidance for determining a tightly sealed lagoon but less than the rate we use as a guide to determine that a lagoon needs further attention. Please see the attached memo that analyzed the results of the August 7, 2017 leak test. After a review of the leak test results and other data, we asked the city to do groundwater monitoring but did not require groundwater monitoring because no permit conditions, water quality standards or other rules were violated. I chose to include discussion of groundwater monitoring and related actions in the negotiation of the Mutual Agreement and Order that is correcting violations of the permit and rules.

I want to note that in your email, you characterized the lagoons as unlined. We do not have evidence that shows that they are unlined.

Since our review of the leak test results in August of 2017, voluntary testing of drinking water wells in the Molalla area was conducted by the DEQ Lab. The results of testing for nitrates, which can come from multiple sources, including human sewage treatment, animal manure handling and septic systems, show results that nitrates are not a current problem for the drinking water wells sampled. A map with the sample locations and results is attached. The previous nitrate results mentioned in our August memo are under levels where regulation is required.

Our MAO with the city is still in development. The discussion we had with the city’s legal counsel on February 28^th included discussing the assessment and repair of the lagoon liners.

To: Susan Hansen <foxglovefarm@inbox.com>; YELTON-BRAM Tiffany <tiffany.yelton-bram@state.or.us>

Cc: Richard Whitman <richard.whitman@state.or.us>; DECONCINI Nina <nina.deconcini@state.or.us>; BACHMAN Jeff <jeff.bachman@state.or.us>; rdavis@oregonian.com; jason.miner@oregon.gov; grandinetti.robert@epa.gov; PINNEY Mike <mike.pinney@state.or.us>

Please answer the question that Bear Creek Recovery is asking about what DEQ plans to do about the Molalla sewage lagoons, which, per DEQ analysis, are leaking about 173,000 gallons a day. It is now well over a year since DEQ "requested" that Molalla do a test well program and you have been non-responsive - we asked this same question below on Feb. 25. What is the plan for the leaking lagoons? Does DEQ just plan to allow them to continue to leak and ignore the potential risk to rural wells?

I keep looking for any progress on a test well plan for Molalla to prove what kind of impacts the 173,000 gallons/day of sewage that are leaking out of the unlined lagoons are causing to local groundwater and especially to rural wells. I see nothing in recent PRRs, like the one attached, that address that glaring problem. BCR called attention about 5 years ago to the water in Bear Creek in high summer/ fall in front of the sewage plant, when the rest of the creek bed was bone dry for miles up and downstream. DEQ asked for a test well program in Dec. 2016. What is the plan for protecting ground water and wells?

This request was just filed, thanks for the prompt reply on the previous request. Note this request is for the past week and specifically asks for any notes and agendas from any meeting that might have been held with City of Molalla:

All DEQ records - emails, meeting notes, documents, meeting agendas, draft MAOs, etc - related to any City of Molalla wastewater issues (compliance, plans, MAOs, permit changes, etc) from Jan. 24-Jan. 31, 2018. Please include all records in the possession of all DEQ staff related to City of Molalla wastewater in the given timeframe.

Bear Creek Recovery request a fee waiver because it works for the greater community good and uses all public information to inform the public and policy makers about the processes being used by DEQ to bring Molalla into compliance in a timely manner. We are happy to submit a fee waiver request if DEQ forwards the document.

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Susan Hansen

Company

Bear Creek Recovery non-profit

Address

PO Box 50 , Molalla 97038 United States

Phone

(503) 789-7179

foxglovefarm@inbox.com

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