From: Susan Hansen
Sent: Mon Nov 13 19:13:25 2017
To: YELTON-BRAM Tiffany
Cc: jason.miner@oregon.gov; KRON Michael C; DECONCINI Nina; Rob Davis; Richard Whitman
Subject: RE: FW: DEQ providing information to Molalla's attorney without requiring a public records request/ outstanding Bear Creek Recovery requests
Importance: Normal
Attachments: CleanWaterServices_17-020_MAO 03 17 2017.pdf; Tiffany, I would appreciate it in the future if you would "close the loop" on a separate email - Ms. Hein has zero business seeing any email communication between DEQ and me and/or Bear Creek Recovery in real time. She is welcome to file an information request and wait just like the rest of us, since you have never "closed the loop" with any of our requests by including us "cc" on Ring Bender or City of Molalla emails. I had to file with the Clackamas County DA after Molalla refused to release that report, thus wasting even more time and the time of the CC DA. Needless to say, the Richwine report and the 172,000 gallons a day leaking from the lagoons have raised a great number of questions and concerns about water quality in our area - when does DEQ expect to produce any feedback to Molalla/Ring Bender? You noted last week it would take about a week. Since there are increasingly long delays in getting info from DEQ, we wish to file promptly to see what kind of analysis DEQ comes up with. Do you plan to respond with a new draft MAO that will include the host of violations that have happened since the last draft - if so when? Do plan to meet in person with Molalla/Ring Bender - if so when? And here is one more question about the new, supposedly stronger MAOs: You directed us to the Clean Water Services MAO (attached) as an example of a recent MAO. It notes that violations of paragraph 8 will be settled without penalty. It was my understanding from talking with EPA about the recent audit that found DEQ's MAOs deficient that DEQ was not supposed to settle violations without penalty - something that is clear from the Ring Bender drafts that Molalla wishes for in an MAO. Please explain under what circumstances DEQ can "forgive" violations after the EPA audit and the supposed need to produce much stronger MAOs. Susan Hansen Bear Creek Recovery -----Original Message----- From: tiffany.yelton-bram@state.or.us Sent: Tue, 14 Nov 2017 02:17:40 +0000 To: foxglovefarm@inbox.com Subject: FW: DEQ providing information to Molalla's attorney without requiring a public records request/ outstanding Bear Creek Recovery requests Susan I know that you have public records requests in with us that we will fill and some questions about the coordination between Stormwater and review of sanitary sewer plans and specifications for new development. I will address those requests and questions but I wanted to first explain why I included Christine Hein in my response to you. You filed the public records request for the Richwine Report before DEQ received. I had been working with Christine as the City’s representative to determine when we’d get a copy so that I could fill your request when I got it. Since I had been in communication with her as part of trying to fill your request, I was “closing the loop” on my communication with her. 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 [foxglovefarm@inbox.com]
Sent: Monday, November 13, 2017 2:47 PM
To: DECONCINI Nina; Richard Whitman
Cc: rdavis@oregonian.com; michael.c.kron@doj.state.or.us; jason.miner@oregon.gov
Subject: DEQ providing information to Molalla's attorney without requiring a public records request/ outstanding Bear Creek Reovery requests
Dear Ms. Deconcini and Mr. Whitman,
I tired to contact Ms. Deconcini regarding these issue but the phone connection apparently failed.
I filed a public information request with DEQ to see the "Richwine report" and received it from the City of Molalla so I sent a simple email to Tiffany Yelton-Bram to say she did not need to honor the request for that document. Attached is her response to me. Please note it includes as cc: Christine Hein, a Ring Bender attorney who works on Molalla wastewater issues with DEQ. My question is:
Why did DEQ staff provide immediate access to this email to an attorney for Molalla? My group Bear Creek Recovery just waited almost a month for a DEQ public information request and currently two are outstanding regarding Molalla and Ring Bender's interaction with DEQ; both have gone beyond the suggested 10 working day response times.
Since DEQ is giving Ring Bender lawyers real time access to DEQ staff emails to other interested parties, Bear Creek Recovery requests that "foxglovefarm@inbox.com" be added as a copy to on all interactions between Molalla/Ring Bender/DEQ. If Molalla's lawyers are privy to real time inclusion in emails they were not directly a part of, then DEQ can save us all a lot of time and include all interested parties these issues.
Bear Creek Recovery is eager for your response to this issue and is also requesting to know when our two outstanding requests will be ready (Ms. Deconcini noted that she was aware BCR would be filing monthly requests and indicated information files would be more readily available in the future):
1. Filed on Oct. 27: Attn: Tiffany Yelton-Bram: 1.Requesting ALL documents - emails, warning letters, draft MAOs, reports, notes, etc - regarding DEQ's work on Molalla's wastewater issues between Sept 28-October 27, 2017 in the possession of Tiffany Yelton Bram. 2. Requesting all DEQ staff notes - Yelton- Bram, Bachman, Deconcini or any other DEQ staff - taken during the Sept. 12 conference call regarding Molalla issues (conference call with Ring Bender on Sept 12 noted in records).
2. Filed on Oct 30: " Attn: Tiffany Yelton-Bram - Requesting all documents generated or received after the warning letter to City of Molalla / Dan Huff was issued regarding the construction of Stoneplace phase 3 without DEQ input. Seeking the document outlining conditions and any other documents to Molalla or from the City of Molalla regarding the warning and the conditions. Bear Creek Recovery seeks a fee waiver if any charge is associated with said request - fee waiver document is on file."
Susan Hansen
Bear Creek Recovery