From: DECONCINI Nina

Sent: Fri Jan 19 13:03:33 2018

To: YELTON-BRAM Tiffany; FELDON Leah; WHEELER Sarah

Subject: RE: DEQ/Molalla Mutual Agreement and Order and other questions about enforcement and compliance

Importance: Normal

Thanks Tiffany. I didn't look at the date carefully enough. There are so many messages and requests from her and I appreciate your tracking all of them so we can provide timely response.

Nina

From: YELTON-BRAM Tiffany

Sent: Friday, January 19, 2018 12:20 PM

To: FELDON Leah; DECONCINI Nina; WHEELER Sarah

Subject: FW: DEQ/Molalla Mutual Agreement and Order and other questions about enforcement and compliance

Hi Leah and Nina

The email from 1/10 Leah refers to has not yet been replied to and was not originally sent to me, but I’m probably the best person to reply. I apologize for the delay but Susan has also sent me directly several emails to respond to (which I have), I helped with Jeff Bachman’s response to a question she sent him and have been assuring that her public records requests are filled and filed. Plus she called Lauri Aunan and I’ve been briefing Lauri on what has happened to date.

I will do this one now.

Tiffany

From: WHEELER Sarah [mailto:Sarah.WHEELER@state.or.us]

Sent: Thursday, January 11, 2018 8:49 AM

To: 'YELTON-BRAM Tiffany' <Tiffany.YELTON-BRAM@state.or.us>

Subject: FW: DEQ/Molalla Mutual Agreement and Order and other questions about enforcement and compliance

Tiffany, Sorry for the confusion I created with my voicemails – I should have noticed you were not on the cc list. I talked with Leah about this yesterday and she wanted to be in the loop on a draft response. Please let Jeff or me know what you recommend for next steps and if we can help. Thanks, Sarah

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

Sent: Wednesday, January 10, 2018 10:53 AM

To: sarah.wheeler@state.or.us; DECONCINI Nina; Richard Whitman

Cc: rdavis@oregonian.com; grandinetti.robert@epa.gov; jason.miner@oregon.gov; lauri.aunan@oregon.gov

Subject: DEQ/Molalla Mutual Agreement and Order and other questions about enforcement and compliance

Dear Ms. Wheeler, Ms. Deconcini and Director Whitman,

On May, 21, 2016, per the attached chronology prepared by DEQ regarding interactions with the City of Molalla, DEQ began to work on a MAO to supposedly solve the glaring and growing wastewater management problems connected to the City of Molalla wastewater facility. Bear Creek Recovery has closely followed the work toward a MAO. Conversations yesterday with DEQ's Jeff Bachman and Tiffany Yelton-Bram seemed to indicate that currently there is no current work going on toward a MAO.

There are currently many outstanding Civil Penalties/fines embedded in draft MAO's. It was our understanding from talking to DEQ officials that either tiimely progress would continue to be made toward a binding MAO or that DEQ would enforce the outstanding Civil Penalties.

Ms. Wheeler noted in a recent phone call that resolving the problems with Molalla was a DEQ priority. Yet both Bachman and Yelton-Bram had no information to share about when and how DEQ would produce a new draft MAO based on the information in the Richwine report. Richwine found that Molalla is way over capacity to manage its current wastewater load and in need of "finding" $32-38 million dollars for a new wastewater plant. DEQ notes that the unlined lagoons are leaking about 173,000 gallons of wastewater a day into groundwater and we still have no test well program proposed in spite of DEQ's "ask" over a year ago for a Molalla plan to monitor groundwater movement and the potential for well contamination.

In August 2017, Molalla's lawyers explained in a letter (attached) that turbidity was likely inaccurately metered for many months due to broken equipment. Ms. Yelton-Bram indicated that DEQ told Molalla to fix that problem but said DEQ had required no proof from Molalla that such a fix was actually done. Why would DEQ fail to require proof that a serious problem outlined by Molalla's lawyers regarding turbidity was adequately fixed?

Please respond and explain what kind of plan/timeline is in place for DEQ to either produce a viable MAO or to enforce the many outstanding pending Civil Penalties against Molalla. When will DEQ require ground water monitoring via a test well program?

Sincerely,

Susan Hansen

Bear Creek Recovery