From: Jennifer Cline

Sent: Thu Mar 26 16:55:10 2015

To: Dan Huff

Cc: Jason Clifford

Subject: FW: Molalla: Summary of Call and Next Steps

Importance: Normal

 

Dan,

Quick update regarding Biosolids and removal.

Jason has been doing a great job letting the plant stabilize. In doing that Jason and Jake have seen a trending drop in the levels of BODs and TSS. It seems there were a lot of adjustments being made previously that may have kept the levels higher than they should have been. Also, a large effort has been made to prioritize preventative maintenance and regular system cleaning that has also contributed to the levels dropping at the plant. This is all good news, but how does it relate to Biosolids? It allows Jason to really see where additional improvements can be made and helps identify the necessity to remove Biosolids annually or bi-annually.

A couple of things we will be looking in the future to (1) determine the need to remove Biosolids and (2) reduce the need to remove bio-solids annually.

· Purchase a MLSS Handheld meter (~$1200-$1500) – Operators will take daily readings (7 days a week) at the AB, Pond 1 &2, and dafts to determine the amount of solids coming into the system. This will help determine how much the WWTP is taking in for solids and calculate what should be removed. From there we can determine if it’s feasible to wait a year or not.

· Purchase an Aerobic Digester & FKC Screwpress (capital cost & waste costs unknown) and rent a container for disposal - This will remove the solids at the dafts and eliminate the need to drain them back into the AB which will eventually circulate back through the lagoons into the dafts again. This will help removal solids from the system and improve the breakdown in the lagoons. This is a typical practice for WWTP systems like ours.

In the long run, this will help the WWTP to function more efficiently and reduce the labor and costs to test, remove and haul Biosolids.

Jennifer Cline, P.E.

City of Molalla

Public Works Director

O: 503.759.0218

F: 503.829.3676

From: Phillip Bender [mailto:PBender@ringbenderlaw.com]

Sent: Thursday, March 26, 2015 1:18 PM

To: Dan Huff; Jennifer Cline

Cc: Mark Strandberg; J.W. Ring; Phillip Bender; Lynn Treat; Sarah Goodling

Subject: Molalla: Summary of Call and Next Steps

Dan and Jen:

Following up on our call last week concerning BCR's response to the City's latest settlement proposal, we wanted to outline the next steps we discussed and agreed to. I am following up with BCR's counsel today.

BCR continues to demand that the City sample Bear Creek near the outfall. Given that we have demonstrated to DEQ’s satisfaction that the WWTP connections to the Bear Creek outfall are sealed, and that no wastewater discharge is possible, we will not agree to any sampling in Bear Creek. Given that Bear Creek flows through many livestock fields and near many septic systems any results from such sampling would be of no use regardless. Sampling such as they propose would just produce meaningless data, but BCR would probably attempt to link it to the WWTP.

BCR does not like our proposed language about unfounded reports. Our thought is to propose that we draft a provision allowing the Court to consider and overturn such a determination, each party bearing their own expenses. This would allow the City to start ignoring anyone (Hansen) who the City finds has made unfounded reports, but also require Hansen to fund her own challenge to that decision.

BCR (or their attorneys) are not willing to accept the City's latest $50,000 attorneys fees proposal. We will continue to negotiate within the spending authority of $80,000 granted by the City Council.

BCR wants a longer period for the consent decree since we are unwilling to agree to their language regarding biosolids and I&I in the years following the initial agreement to spend certain sums of money. in response, we will offer a consent decree of 3 years and 6 months duration (42 months total).

I will let you know how things proceed with BCR's counsel.

Phil

Phillip M. Bender

Ring Bender McKown & Castillo LLLP

925 Liberty Ave., 8th Floor

Pittsburgh, PA 15222

(412) 770-7721

www.ringbenderlaw.com