RE: Questions about Molalla wastewater management/ draft PEN

I will respond to Susan by the end of the day tomorrow. When a public records request is filed, I fill it using the day range the person requested. In this case, she asked for records from related to the out of season discharge in May and June. So I went back to the beginning of May and ended with the date she filed the request, July 13. There are documents that would answer some of her questions but those were generated after the 13^th.

There is also the issue of applying the remainder of the fee waiver to the costs incurred to date. I need Dana Huddleston’s assistance to do that. I t appears that we are close or slight over the waiver amount now so we may not be able to fulfill a future public records request unless a new fee waiver is granted or fee estimates for costs incurred are agreed to. This is consistent with how we treat all public records requests.

Re: The draft PEN regarding June discharge into the Molalla River that came in our BCR PIR package. Why isn't May 22-June 1 discharge (noticed by Molalla's lawyer below in an email that was furnished to DEQ) part of the PEN? Is there another PEN on that discharge or is DEQ not considering that May 22-June 1 admitted discharge a violation?

I just read that Molalla is trying a different method to try to do another lagoon leak test. Has DEQ authorized a different method for Molalla to use? Has DEQ authorized another leak test of any kind - last I saw DEQ was asking for test well to prove whether or not the lagoons are leaking. If so, is there hard copy on any authorization for a different method lagoon leak test?

A May 11 exchange between Jeff Bachman and Tiffany Yelton-Bram notes that Molalla's proposed draft MAO is not acceptable and that DEQ would be responding with some kind of hard copy about the MAO. Did hard copy result - I found no revised DEQ MAO in my PIR package? How did DEQ express to the City of Molalla that the Molalla/Ring Bender MAO was not acceptable, since I did not find any hard copy to Molalla from DEQ regarding the MAO proposed by Molalla. DEQ mentions producing feedback - what kind of feedback was produced? If it was at the July 5 meeting there was no mention in any DEQ notes of DEQ's response. is there a new DEQ draft MAO that has been sent to Molalla (later than the March draft)? Has another meeting been scheduled? Does DEQ have a timeline/deadline for agreement?

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.

Mark P. Strandberg, Attorney

mstrandberg@ringbenderlaw.com

Ring Bender LLP

www.ringbenderlaw.com

621 SW Morrison Street, Suite 600, Portland, OR 97205

Tel: (503) 964-6730

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