From: YELTON-BRAM Tiffany
Sent: Fri Jan 08 08:35:16 2016
To: 'Susan Hansen'
Cc: DECONCINI Nina; HAMMOND Joni
Subject: RE: Re: Bear Creek wastewater discharge
Importance: Normal
Susan-
There is nothing in our communications to the city, which you have, that prevents DEQ from taking further enforcement action on the lagoon leak test. As the chronology below shows, we have meeting with the city on Monday. This is an issue we are still working to resolve with the city. As such, I am not going to speculate on the outcome but I also want clarify with you that DEQ has the option of taking further enforcement action if we determine that is needed.
Regarding the bypass to Bear Creek of partially treated wastewater to prevent overflow from the lagoons, when we spoke on the phone Wednesday, I described that this is slightly different scenario than is covered by our current enforcement guidance so I have set up a small team of staff in WQ and our Office of Compliance and Enforcement to discuss how to handle overflows and bypasses that happened due to the December storm, which exceeded in duration the storm events our guidance uses to assess the degree of violation. That team meets 1/12/16.
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
-----Original Message-----
From: Susan Hansen [mailto:foxglovefarm@inbox.com]
Sent: Thursday, January 07, 2016 6:53 PM
To: YELTON-BRAM Tiffany
Cc: DECONCINI Nina; HAMMOND Joni
Subject: RE: Re: Bear Creek wastewater discharge
Tiffany,
Correct me if I am wrong but there will be no consequences for Molalla for failing to produce a legal lagoon leak test in the proscribed initial timeframe - no consequences for an entire year's delay?
And what about all that discharge into Bear Creek - when will DEQ rule on that issue, since this is the second discharge in 8 months by Molalla of wastewater into Bear Creek.
Susan Hansen
Bear Creek Recovery
> -----Original Message-----
> From: yelton-bram.tiffany@deq.state.or.us
> Sent: Fri, 8 Jan 2016 02:00:49 +0000
> To: foxglovefarm@inbox.com
> Subject: RE: Re: Bear Creek wastewater discharge
>
> Hello Susan
> The two letters are correct. I made some errors in my conversation
> with you on the phone. To assist, here is a chronology of what
> happened-- -A lagoon leak test was required as a condition of the
> permit. The leak test results were submitted in September 2015 but
> were inconclusive -DEQ replied with the attached warning letter and
> memo. This gave Molalla to January 25, 2016, to complete an audit of the leak test.
> -The city's attorney contacted DEQ in late November to propose an
> alternative to an audit of the existing test -DEQ was supposed to meet
> with Molalla on December 3rd but that meeting was cancelled by the
> city -On December 4th, the city's attorney sent the letter that you
> have proposing the alternative to the audit. The cancelled December
> 3rd meeting was rescheduled to December 10th.
> -Rainstorms began on December 7th. The city asked to cancel the
> December 10th meeting to attend to storm related issues. DEQ agreed
> and drafted the December 7th letter that you have.
>
> This is where I made my mistake. I forgot that we decided to send the
> letter in advance of having the rescheduled meeting, which is now set
> for January 11 and will go into greater detail about expectations on
> the work that the city will do to be able to conduct an accurate test.
>
> The option of requiring the city to drill monitoring wells is still open.
>
> Also attached is the report from the city on the discharge to Bear
> Creek that you requested in your Public Records Request.
>
>
> 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
>
>
>
>
>
>
> -----Original Message-----
> From: Susan Hansen [mailto:foxglovefarm@inbox.com]
> Sent: Wednesday, January 06, 2016 3:14 PM
> To: YELTON-BRAM Tiffany
> Cc: DECONCINI Nina
> Subject: FW: Re: Bear Creek wastewater discharge
>
> Dear Tiffany, here is the exchange we are questioning - it sounds like
> David Cole is giving them till August 2016. Please explain whether
> these are official or not - they are posted on the city website. Susan
>
>>>
>>>
>>>
>>>
>>>
>>> From: Susan Hansen [mailto:foxglovefarm@inbox.com
>>> <mailto:foxglovefarm@inbox.com>]
>>> Sent: Tuesday, December 29, 2015 12:39 PM
>>> To: YELTON-BRAM Tiffany
>>> Cc: DECONCINI Nina
>>> Subject: Bear Creek wastewater discharge
>>>
>>>
>>>
>>> Dear Tiffany,
>>>
>>> I failed to note exactly what the rule was about when a violation
>>> period would end and a new one might begin on the issue of Molalla's
>>> discharge of wastewater into Bear Creek. You mentioned there would
>>> have to be a certain period of dry weather and then if discharge had
>>> to continue or begin again it would trigger another violation. Could
>>> you please furnish the exact way that rule goes and tell me how DEQ
>>> keeps track of that issue of a period without rainfall?
>>>
>>> Thanks,
>>> Susan Hansen
>>> Bear Creek Recovery
>>>
>>> <Molalla-Final-Permit.pdf>
>>