Nina,
You promised to inform BCR about the meeting you just had. Did the City of Molalla agree to a MAO? Who is crafting the MAO if there is agreement on one? DEQ already has stalled for months on many of the pending (and serious) violations - when may we expect this work to be complete and a MAO in place? If there is no agreement on the terms and condition of a MAO how can DEQ justify failing to proceed on the pending and growing violations? Are you including the need for a test well program to prove whether or not the lagoons are leaking or if not what is the progress on proving whether or not groundwater is being contaminated? DEQ needs to be forthcoming with information about the progress or lack of - we have now read the months of emails and the two very different versions of the MAO's.
Susan Hansen
Bear Creek Recovery
-----Original Message-----
From: nina.deconcini@state.or.us
Sent: Thu, 6 Jul 2017 16:22:18 +0000
To: foxglovefarm@inbox.com
Subject: RE: Molalla illegal spring discharges into the Molalla River
Susan,
We can inform you of our decision after we have communicated with the City. As I stated below, we are in the process of establishing an MAO which will take into account all of the past violations and pending enforcement. This is the information we are able to share with you at this time.
Nina
From: Susan Hansen [mailto:foxglovefarm@inbox.com]
Sent: Thursday, July 06, 2017 8:33 AM
To: DECONCINI Nina <nina.deconcini@state.or.us>
Subject: RE: Molalla illegal spring discharges into the Molalla River
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
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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