Nina, Is DEQ writing a PEN about these CLASS ONE violations? When will a PEN be available? Susan
-----Original Message-----
From: nina.deconcini@state.or.us
Sent: Thu, 6 Jul 2017 15:25:52 +0000
To: foxglovefarm@inbox.com
Subject: RE: Molalla illegal spring discharges into the Molalla River
Susan,
Thanks for your email and voicemails. The out of season discharges are violations of Molalla’s permit. As we are now in the process of crafting an MAO with the City, all of the violations and outstanding enforcement actions will be factored into a final MAO. This process will take some time. We will keep you updated as there is information to share.
Nina
From: Susan Hansen [mailto:foxglovefarm@inbox.com]
Sent: Wednesday, July 05, 2017 5:05 PM
To: DECONCINI Nina <nina.deconcini@state.or.us>; YELTON-BRAM Tiffany <tiffany.yelton-bram@state.or.us>
Subject: Molalla illegal spring discharges into the Molalla River
Dear Nina and Tiffany,
See below. Is DEQ considering these discharge events not to be violations of the permit? If so why are they not violations of the permit?
Susan Hansen
Bear Creek Recovery
From: "Mark P. Strandberg" <MStrandberg@ringbenderlaw.com>
Subject: BCR v. Molalla
Date: July 5, 2017 at 4:20:14 PM PDT
To: "maura@crag.org" <maura@crag.org>
Cc: "J.W. Ring" <jwring@ringbenderlaw.com>, "dhuff@cityofmolalla.com" <dhuff@cityofmolalla.com>, "Gerald Fisher (gfisher@cityofmolalla.com)" <gfisher@cityofmolalla.com>
Maura:
We are writing this email to notify you that, due to the substantial rainfall this spring, the City of Molalla discharged fully treated wastewater to the Molalla River from May 22-June 1, and again from June 14-26. Because this was done to avoid overtopping the lagoons and the severe property and environmental damage that would follow, we believe this bypass does not constitute a violation of the permit, so the City will not be making a stipulated payment at this time. Should DEQ determine otherwise, a stipulated payment will be made and notification will be provided to you at that time.
Best,
Mark
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