From: Susan Hansen

Sent: Thu Nov 02 12:59:04 2017

To: Susan Hansen; YELTON-BRAM Tiffany; YELTON-BRAM Tiffany; DECONCINI Nina; BACHMAN Jeff; Richard Whitman

Cc: rdavis@oregonian.com

Subject: RE: RE: Agenda for Molalla City Council Retreat

Importance: Normal

 

And PS DEQ staff,

 

Every day you accept more stalling is another day that approx. 172,000 GALLONS OF PARTIALLY TREATED WASTEWATER ARE LEAKING FROM THE MOLALLA LAGOONS! Where is your sense of urgency - after the 2015 failure of Molalla to produce the REQUIRED lagoon leak test, you should have called for a test well program. It's now years past 2015's pathetic "test" and by any estimate we can figure your delay has allowed over 20 MILLION GALLONS to leak! And now you are accepting Molalla's stalling yet again? We asked you to test the standing water in Bear Creek in front of the wastewater plant in 2014 and you refused to heed the warning that no water should have been in Bear Creek in late summer/early fall, let along a ponding with ripples and bubbles going downstream from the wastewater facility.

 

Susan Hansen

 

-----Original Message-----

From: foxglovefarm@inbox.com

Sent: Thu, 2 Nov 2017 11:35:26 -0800

To: tiffany.yelton-bram@state.or.us, tiffany.yelton-bram@state.or.us, nina.deconcini@state.or.us, jeff.bachman@state.or.us, richard.whitman@state.or.us

Subject: RE: RE: Agenda for Molalla City Council Retreat

 

Tiffany,

 

The Richwine report is clearly a done deal document and I have forwarded this to the District Attorney of CC for his opinion on this refusal. I will also forward this email to the CC DA. The city council meets every other week, DEQ was using this document as a key to getting the LONG STALLED MAO done - was DEQ going to wait weeks more till the city council saw it? That is a lame excuse.

 

So, in short, I reject any attempt to continue to withhold this report. It will be extremely telling to see the date of the report and to note how many city council meetings have passed since the report was in the possession of the city - the date the City of Molalla received it vers when the City of Molalla wants to send it to DEQ. How many stalling tactics can DEQ defend as we watch the violations mount and the lagoons leak, endangering wells and groundwater? This excuse is totally absurd, given the promises I saw in the Sept. DEQ exchanges about getting on with the MAO/ violation enforcement using the "Richwine" report.

 

When does DEQ begin to demand timely results instead of cower to lame stalling and excuses?

 

Susan Hansen

Bear Creek Recovery

 

 

 

-----Original Message-----

From: tiffany.yelton-bram@state.or.us

Sent: Thu, 2 Nov 2017 19:02:48 +0000

To: foxglovefarm@inbox.com, tiffany.yelton-bram@state.or.us, nina.deconcini@state.or.us, jeff.bachman@state.or.us, richard.whitman@state.or.us

Subject: RE: RE: Agenda for Molalla City Council Retreat

 

Susan

Legal counsel for the city asked for some time to bring the City council up to speed on the report Mr. Richwine produced before sharing it with us and talking further about the Mutual Agreement and Order. Ms. Hein of the firm Ring Bender let me know that she would be in touch with me before the end of this week.

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 [mailto:foxglovefarm@inbox.com]

Sent: Thursday, November 02, 2017 11:58 AM

To: YELTON-BRAM Tiffany <tiffany.yelton-bram@state.or.us>; DECONCINI Nina <nina.deconcini@state.or.us>; BACHMAN Jeff <jeff.bachman@state.or.us>; Richard Whitman <richard.whitman@state.or.us>

Cc: Rob Davis <rdavis@oregonian.com>; Nancy Ide <nide@cityofmolalla.com>

Subject: FW: RE: Agenda for Molalla City Council Retreat

Dear DEQ,

Recent documents obtained from DEQ showing work done on Molalla wastewater issues in Sept 2017 reflected the fact that a "Richwine" report about Molalla's facilities was a key to proceeding with producing an enforceable MAO. Please note below the refusal of the City of Molalla to release the document. I will contest this refusal to the Clackamas County District Attorney - but my point to you is how long will you wait for City of Molalla to forward the report that clearly exists before you enforce the growing violations and/or demand that the City of Molalla agree to a MAO?

Please explain the delay in any progress in reaching a MAO or else proceeding to whatever legal step is next.

Sincerely,

Susan Hansen

Bear Creek Recovery

-----Original Message-----

From: nide@cityofmolalla.com

Sent: Thu, 2 Nov 2017 11:18:10 -0700 (PDT)

To: foxglovefarm@inbox.com

Subject: RE: Agenda for Molalla City Council Retreat

Susan,

As you may know, the City of Molalla is in transition between City Recorders. The City has hired a new recorder who begins in a couple weeks. The new recorder will be responsible for bringing the council minutes up to date. As an alternative, you can keep informed by watching the meetings on Facebook. Please click on the link below to access the meetings:

http://www.cityofmolalla.com/citycouncil/page/announcement-follow-link-watch-city-council-meetings-live

In response to your information request received October 25, 2017 related to Dyer Partnership and Richwine Environmental’s assessments of Molalla’s wastewater infrastructure and needed upgrades and/or new facility, the Dyer Partnership is currently in the process of updating the City’s wastewater master plan and has not provided the City with any assessments as described in your request. As such, there are no documents from Dyer responsive to your request. When such documents are produced by Dyer, they will be made public. There is one document that is responsive to your request from Richwine. That document, however, was produced on behalf of and for our attorneys for the purpose of assisting them in providing legal advice to the City. As a result, that document is covered by the attorney client privilege and is exempt from disclosure under ORS 192.502(9)(a), which incorporates ORS 40.225 into the Public Records Act.

Nancy Ide

Interim City Recorder

City of Molalla

117 N. Molalla Ave.

PO Box 248

Molalla OR 97038

503-759-0291

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

Sent: Monday, October 30, 2017 4:55 PM

To: Nancy Ide <nide@cityofmolalla.com>

Subject: RE: Agenda for Molalla City Council Retreat

Hello,

 

When do you expect to produce minutes from the past several city council meetings? How can the public follow meetings if there are no minutes from past meetings?

 

Please note I filed a info request last week for reports which could be readily available, esp. report or reports from Dale Richwine environmental firm. I look forward to either an appointment to read the requested documents in city hall or electronic transmission.

 

Susan Hansen

Bear Creek Recovery

-----Original Message-----

From: nide@cityofmolalla.com

Sent: Mon, 30 Oct 2017 15:54:56 -0700 (PDT)

To: nide@cityofmolalla.com

Subject: Agenda for Molalla City Council Retreat

Attached please find the agenda for the Molalla City Council Retreat to be held on Saturday, November 4, 2017.

Nancy Ide

Interim City Recorder

City of Molalla

117 N. Molalla Ave.

PO Box 248

Molalla OR 97038

503-759-0291