From: Susan Hansen
Sent: Fri Dec 08 12:52:53 2017
To: Susan Hansen; Grandinetti Robert
Cc: rdavis@oregonian.com; jason.miner@oregon.gov; DECONCINI Nina; sarah.wheeler@state.or.us
Subject: Molalla's wastewater management fiasco and its budget and ODEQ's lack of enforcement
Importance: Normal
Robert,
Reviewing my emails to EPA about concerns that ODEQ is NOT doing a timely enforcement/compliance job, I am uncertain if you were furnished with the Richwine report (attached) which shows how far off track ODEQ has allowed Molalla to go.
Concerned people are writing directly to ODEQ and to the Oregon EQC to express their view that, given Molalla's severe wastewater management problems and now proven lack of capacity to handle even the current sewage loads, ODEQ should impose a moratorium on growth in the City of Molalla until it can competently process its current sewage volumes.
Tiffany Yelton-Bram's (ODEQ wastewater manager) response to a citizen's email asking for such a moratorium is of huge concern: Ms. Yelton-Bram's response was that "Imposing a sewer moratorium is a significant legal process."
You have suggested that EPA expects ODEQ to step up and do a much better job, but the people of Oregon are not convinced that ODEQ is going to protect us if a wastewater permit manager cites "a significant legal process" as an impediment to solving the many years of looking the other way about Molalla's growing wastewater management problems. If ODEQ isn't capable of using a "significant legal process" to protect us what is left - are citizens supposed to have to file endless Clean Water Act lawsuits? We are still shaking our heads in dismay that ODEQ would fail to embrace any "significant legal process" necessary to bring habitual violators like the City of Molalla into compliance.
I don't believe the audit feedback from EPA about the weak wastewater enforcement has made any difference at all. Posted below is the entire email exchange - note environmental lawyer Karl Anuta joined the discussion.
Susan Hansen
Bear Creek Recovery
From: Karl Anuta
Sent: Wednesday, November 29, 2017 5:25 PM
To: 'JOAN ZUBER' ; 'YELTON-BRAM Tiffany' ; 'BACHMAN Jeff' ; 'DECONCINI Nina' ; 'Richard Whitman' ; 'CALDERA Stephanie'
Cc: rdavis@oregonian.com ; jbaker@pamplinmedia.com ; jason.miner@oregon.gov ; maura@crag.org ; 'Chris Winter'
Subject: RE: Molalla, Oregon sewage treatment
And FWIIW – McMinnville also did the same thing several decades ago, so they could fix their I&I and overflow problems. Of course they had to first pay out a bunch of $ to Schwabe Williamson, to defend them in a CWA case, but Molalla has already done that several times now. I suspect they might even prefer a DEQ imposed moratorium, to one implemented by a Federal Court………
Karl G. Anuta
503-827-0320
From: JOAN ZUBER [mailto:zuberj@molalla.net]
Sent: Wednesday, November 29, 2017 4:12 PM
To: YELTON-BRAM Tiffany; BACHMAN Jeff; DECONCINI Nina; Richard Whitman; CALDERA Stephanie
Cc: rdavis@oregonian.com; jbaker@pamplinmedia.com; jason.miner@oregon.gov; maura@crag.org; Chris Winter; Karl Anuta
Subject: Re: Molalla, Orewgon sewage treatment
I’ve read the report. You say that “Imposing a sewer moratorium is a significant legal process”. Getting Molalla to build a new sewage treatment plant is a very long term process. They do not have it in their budget to clean out their lagoons adding needed capacity which they acknowledge will increase violations. In the meantime, it appears that there will be a continuing pattern of disregard for capacity and ongoing violations.
Washington county decades ago imposed a moratorium on construction until the Durum Sewage treatment plant was on line. I think this is the only alternative to move them to compliance.
Joan Zuber
To: BACHMAN Jeff ; DECONCINI Nina ; Richard Whitman ; CALDERA Stephanie ; 'JOAN ZUBER'
Cc: rdavis@oregonian.com ; jbaker@pamplinmedia.com ; jason.miner@oregon.gov ; maura@crag.org ; Chris Winter ; Karl Anuta
Subject: RE: Molalla, Orewgon sewage treatment
Dear Ms. Zuber,
Thank you for sharing your concerns about water quality. DEQ follows our enforcement guidance and has responded to violations of the city of Molalla’s water quality permit for the sewage treatment plant and collection system accordingly. In late 2016, it became apparent that the current sewage collection system and treatment plant would need significant attention and investment so DEQ and the city began work on a Mutual Agreement and Order which is an enforceable document that covers the design and building of new treatment capacity and improvements to the collection system. The city recognized that they needed to decide whether the current treatment plant could be modified or needed to be replaced so they commissioned a consultant to conduct that evaluation. The result is a report that the city has posted to their website here: http://www.cityofmolalla.com/publicworks/page/public-notice-molalla-wastewater-treatment-plant-evaluation
DEQ and the city have a meeting planned on December 18th to set the process for completing the Order and discuss funding. Imposing a sewer moratorium is a significant legal process. At this time, we are moving forward with the city on plans to replace the wastewater treatment plant and upgrade the collection system. The city recently set up an email address for inquiries about the sewage treatment planning process: http://www.cityofmolalla.com/publicworks/page/announcement-email-address-wastewater-facility-plan-inquiries
Thanks again for your email.
Tiffany Yelton Bram
WQ Source Control Manager
Oregon Department of Environmental Quality
700 NE Multnomah St., Suite #600
Portland OR 97232
Desk 503 229 5219
Mobile 503 975 0046
DEQ has a new website! Please update your bookmarks and check out the new site here: http://www.oregon.gov/deq/pages/index.aspx
From: JOAN ZUBER [mailto:zuberj@molalla.net]
Sent: Sunday, November 19, 2017 10:34 AM
To: YELTON-BRAM Tiffany <tiffany.yelton-bram@state.or.us>; DECONCINI Nina <nina.deconcini@state.or.us>; Richard Whitman <richard.whitman@state.or.us>; BACHMAN Jeff <jeff.bachman@state.or.us>; CALDERA Stephanie <caldera.stephanie@deq.state.or.us>
Cc: rdavis@oregonian.com; jbaker@pamplinmedia.com; jason.miner@oregon.gov; maura@crag.org; Chris Winter <chris@crag.org>; Karl Anuta <kga@integra.net>
Subject: Molalla, Orewgon sewage treatment
DEQ officials and EQC:
I have been following the ongoing saga of Molalla’s violations of the Clean Water Act over the years. I have read the recent documentation of DEQ’s failure to stop the city of Molalla from ongoing violations at the city sewage treatment facilities. The city has not maintained the now leaking lagoons, system failures, etc. etc. The city claims they cannot afford to fix the problems but the residential development continues. The only solution, in my opinion, is to put an indefinite moratorium on building and force the city to address their over capacity problems before another sewer hookup is allowed.
Regards,
Joan Zuber
44731 S. Elk Prairie Rd
Molalla, OR 97038
-----Original Message-----
From: foxglovefarm@inbox.com
Sent: Tue, 14 Nov 2017 16:54:41 -0800
To: grandinetti.robert@epa.gov
Subject: RE: Molalla's wastewater management fiasco and its budget
Robert,
Thanks for responding. If I believed there was a change in direction at Oregon DEQ I would not have bothered you with this. But since the EPA audit was done, I still see no urgency toward resolving the growing compliance problems here. When I saw these budget documents, where things that should have been done this year to improve capacity, were removed from the budget and saw that DEQ recently approved sewer connections to well over 100 new houses, even with the growing compliance problems and leaking lagoons, I have to believe DEQ is still weighted toward helping Molalla continue to stall and thus continue to violate. When I hear the "overburdened staff" excuses from Oregon DEQ and compare that to the endless back and forth emails with Molalla's lawyers, it certainly looks to me like there is plenty of DEQ staff time available, just not available to have a strong enough policy to bring compliance.
Susan Hansen
Bear Creek Recovery
-----Original Message-----
From: grandinetti.robert@epa.gov
Sent: Wed, 15 Nov 2017 00:27:41 +0000
To: foxglovefarm@inbox.com
Subject: RE: Molalla's wastewater management fiasco and its budget
Susan,
Trust that I do read all of your emails even if I do not respond to all of them. I am in the field this week, but will read up on this recent email when I get a chance. Like I said on the phone, EPA is trying to address problems that happen in Molalla across the agency of DEQ. Believe me Molalla is not a onetime only non-compliant facility and EPA is working on a larger focus to align DEQ and prevent things like this from happening more.
Thank you
Rob Grandinetti
CWA Enforcement Specialist
EPA Region 10
Phone: 509-376-3748
From: Susan Hansen [mailto:foxglovefarm@inbox.com]
Sent: Tuesday, November 14, 2017 9:54 AM
To: Grandinetti, Robert <Grandinetti.Robert@epa.gov>
Cc: rdavis@oregonian.com; jason.miner@oregon.gov
Subject: Molalla's wastewater management fiasco and its budget
Hello Robert,
I hope you reviewed the "Richwine report" that outlines Molalla's current inability to meet water quality permit standards. That report notes the aeration basin is filled with grit. The attached pages from Molalla's current 2017-2018 budget show how little concern the City of Molalla has about doing anything to improve its failing wastewater system. Molalla REMOVED funding to clean the aeration basin from its current budget, along with planned I&I noted as "mandated by DEQ".
EPA claims to "trust" that Oregon DEQ will produce compliance results - but given the failure of Molalla to do even basic work to try to meed permit standards (attached budget pages) it is difficult to believe any progress toward Clean Water Act compliance is being made via the interactions with Oregon DEQ and the City of Molalla. For years the thread has been that "poor" Molalla is too poor to upgrade to meet permit standards. Things are getting worse - when is EPA going to act to ensure that Oregon DEQ protects our local water resources?
Susan Hansen
Bear Creek Recovery
-----Original Message-----
From: foxglovefarm@inbox.com
Sent: Sun, 12 Nov 2017 13:30:42 -0800
To: nina.deconcini@state.or.us, jeff.bachman@state.or.us, richard.whitman@state.or.us, tiffany.yelton-bram@state.or.us
Subject: Molalla's wastewater management fiasco and its budget
Dear DEQ officials,
As you analyze the horrific Richwine report and prepare, what the concerned public expects should be a prompt, final and strong MAO, please consider the attached documents, copied from the City of Molalla's adopted 2017-2018 budget.
As Molalla makes endless excuses and wants to be forgiven for its ongoing wastewater violations related to turbidity, suspended solids and lagoon capacity "emergencies", please note that in the 2017-2918 budget the city officials say that they cut the cleaning of the aeration basin at WWTP from the 2017-2018 budget, noting that capacity within the basin will be "further reduced". They also cut the replacement of the sewer line from Lola to 5th Street, saying that it was supposed to help control and remove I&I as "mandated by DEQ".
The point is, as Molalla whines about needing long time frames to improve its wastewater management and wants to have its ongoing violations forgiven, it didn't even budget enough in 2017-2018 to make a small dent in the WELL KNOWN (and now totally confirmed by Richwine!) capacity and I&I problems!
Bear Creek Recovery continues to participate to point out the long standing and long known problems with Molalla's wastewater management. When will DEQ produce binding solutions? Did DEQ know about these budget cuts - that the aeration basin capacity was going to be further compromised and that a sewer line replacement acknowledged as needed to improve I&I were cut from the budget? How can DEQ have looked the other way as major development occurred over the last several years while endless capacity "emergencies" were claimed and Molalla failed to listen to the "mandates" of DEQ?
Susan Hansen
Bear Creek Recovery