From: YELTON-BRAM Tiffany
Sent: Wed Jan 06 11:43:54 2016
To: 'Susan Hansen'
Cc: DECONCINI Nina
Subject: RE: Bear Creek wastewater discharge
Importance: Normal
Hello Susan
To answer your first question about number of violations, I re-read the guidance document to Sanitary Sewer overflows and it refers to 24 hours storms which leave us with a challenge when a storm has a long duration. The guidance does not define the end of a storm as I thought it did but some permits have language that defines the end of a storm. This is a policy issue that impacts several communities right now so we have some folks working on this internally to come up with a strategy for implementation. Regarding sanitary sewer overflows, which is how this bypass is viewed, the enforcement guidance has us look at many factors, repeated violations being only one of them. Sanitary Sewer overflows are a serious matter when they reach waters of the state. DEQ strives to be consistent in the application of enforcement guidance on sanitary sewer overflows.
The city has written a report for us documenting the discharge. You are welcome to request a copy through public records. It covers the volume and duration of the discharge.
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
From: Susan Hansen [mailto:foxglovefarm@inbox.com]
Sent: Wednesday, January 06, 2016 11:30 AM
To: Susan Hansen; YELTON-BRAM Tiffany
Cc: DECONCINI Nina
Subject: RE: Bear Creek wastewater discharge
Dear Tiffany, I don't believe I got a follow up on the below question. Did another violation occur after 8 hours of dry weather? How many days did the initial discharge continue? Thanks, Susan
-----Original Message-----
From: foxglovefarm@inbox.com
Sent: Tue, 29 Dec 2015 16:25:11 -0800
To: yelton-bram.tiffany@deq.state.or.us
Subject: RE: Bear Creek wastewater discharge
Curious if they are continuing to discharge - did they stop when the rain stopped for a couple of days? I hope DEQ is taking this very seriously. Please keep me updated on what you find out. Thanks, Susan
-----Original Message-----
From: yelton-bram.tiffany@deq.state.or.us
Sent: Wed, 30 Dec 2015 00:03:09 +0000
Subject: RE: Bear Creek wastewater discharge
Hello Susan
The rule that applies here is the bacteria standard (OAR 340-041-0009(6) and (7)) which prohibits the discharge of raw sewage except
during a winter storm event greater than the one-in-five-year, 24-hour duration storm. The city’s NPDES permit also has a condition about bypass of the treatment system which applies in this case. I’ve attached a copy of the permit; see schedule F, Condition B3.
I need to work with my staff to understand the process for determining if a one-in-five-year, 24 hour duration storm has occurred and when it starts and stops so I don’t have a good explanation of that right now but I will try to provide it soon. The process is documented in an Internal Management Directive. We use NOAA and USGS weather stations for rainfall measurement and duration.
I hope that this answers some of your questions.
Link to bacteria standard
http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_041.html
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
From: Susan Hansen [mailto:foxglovefarm@inbox.com]
Sent: Tuesday, December 29, 2015 12:39 PM
To: YELTON-BRAM Tiffany
Cc: DECONCINI Nina
Subject: Bear Creek wastewater discharge
Dear Tiffany,
I failed to note exactly what the rule was about when a violation period would end and a new one might begin on the issue of Molalla's discharge of wastewater into Bear Creek. You mentioned there would have to be a certain period of dry weather and then if discharge had to continue or begin again it would trigger another violation. Could you please furnish the exact way that rule goes and tell me how DEQ keeps track of that issue of a period without rainfall?
Thanks,
Susan Hansen
Bear Creek Recovery