RE: Bypass event memo

From: YELTON-BRAM Tiffany

Sent: Fri Jul 28 13:17:58 2017

To: 'Susan Hansen'; YELTON-BRAM Tiffany

Cc: DECONCINI Nina; Richard Whitman; BACHMAN Jeff

Subject: RE: Bypass event memo

Importance: Normal

Susan—

The attached memo documents our finding that in the specific situation of the bypass of some treated effluent from the regular discharge point (the Molalla River) to Bear Creek during the dates 12/21/2015 to 1/1/2016, DEQ determined that the situation was beyond the reasonable control of the city at that time for the reasons given in the memo. The memo includes the follow up we did with the city to review and revise Standard Operating Procedures for the plant and especially the maintain of the levels of the lagoons. Since they did not have procedures that specified for the operators what the optimal lagoon levels are and how to maintain them, we lacked the specific expectations we need to be clear with the city when they deviate from those expectations. When a permit holder has an Operations and Maintenance manual that does not address a particular operational issue we ask them to update the manual and we review it. That is what we did here and they provided us with SOPs that we reviewed, commented on and eventually accepted.

Yes, there is an online location for searching for formal enforcement actions: http://www.oregon.gov/deq/Regulations/Pages/Compliance-and-Enforcement.aspx You and I have talked about the difference between informal and formal enforcement before but here is a quick recap: informal enforcement is the use of warning letters, warning letters with opportunity to correct and Pre-Enforcement Notices. The memo on the bypass in 12/21/2015 to 1/1/2016 is also an example of informal enforcement as are site visits and inspection reports. These tools are used to explain to the permit holder what the violation was and why and to recommend corrective action. They put the permit holder on notice. But ultimately they are not tools for the issuance of penalties or orders that require action that, if not done, is enforceable with further penalties. Penalties and orders are formal enforcement and the documents we issue for those enforcements are available at the link to our website (above). At this time, informal enforcement documents are available by public records request.

Warning Letter with Opportunity to Correct No. 2016-WLOTC-1563 issued May 13, 2016, is the informal enforcement letter issued by Karen Williams of our Total Maximum Daily Load/Basin Coordination program. It asks the city to fulfill actions required by them as a Designated Management Agency under the TMDL. The TMDL is tied to the permit in so far as the TMDL is fundamental to the setting of limits and discharge seasons in the permit. The actions that the city has not taken that are outlined in the May 13, 2016 letter and cover requirements contained in and enforceable under Oregon Administrative Rules 340-042-0080(4)(a)(C) and (b). DEQ is using the formal enforcement tool of the Mutual Agreement and Order (same one we are negotiating to cover violations of the permit) to make compliance with the TMDL requirements enforceable. It is typical to use an enforceable department order to address violations found by more than one sub-program in DEQ. For example, we often use one order to cover solid waste handling, water quality and stormwater (which are 3 separate DEQ programs) found at the same site during an inspection even though different DEQ staff determined the violations.

Finally, DEQ is moving, with the development of an agency wide document management system, to make more records available overtime electronically through our website. The project has many facets and requires approval by the Department of Administrative Services about the “how” we will do the this and funding from the Legislature for us to acquire the tools to make it happen. The good news is that we are making progress on this project although it is kind of project that will take several years to complete. I mentioned to you in a previous e-mail that I spent much time this week participating in interviews for the agency’s records officer position. This is a key position to fill for us to realize the end product of providing records electronically.

Thanks for your questions.

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: Susan Hansen [mailto:foxglovefarm@inbox.com]

Sent: Wednesday, July 26, 2017 8:15 AM

To: YELTON-BRAM Tiffany

Cc: DECONCINI Nina; Richard Whitman; BACHMAN Jeff

Subject: Bypass event memo

Tiffany,

Reviewing my files I came across this. What, if any, of the demands from DEQ in this letter has the City of Molalla complied with to date and what date did they comply? Is there an online site to retrieve warning letters and PENS? I think I have most in my files but am not certain about this one:

Warning Letter with Opportunity to Correct No. 2016-WLOTC-1563, issued May 13, 2016.

What was the above in reference to - I'll do a PIR if you don't have an easy to access electronic site for the public to read warning letters and PENS. If there is no such access for the public, perhaps that would be a good project for DEQ - produce a public user friendly online site like the one you have for permit information so the public can access official letters like the one above without having to do PIRs.

Susan Hansen

Bear Creek Recovery

-----Original Message-----

From: yelton-bram.tiffany@deq.state.or.us

Sent: Mon, 16 May 2016 18:03:55 +0000

To: foxglovefarm@inbox.com

Subject: FW: updated memo

From: YELTON-BRAM Tiffany

Sent: Monday, May 16, 2016 11:03 AM

To: dhuff@cityofmolalla.com; Jennifer Cline

Subject: updated memo

Hello