From: Jennifer Cline
Sent: Thu Apr 30 12:53:16 2015
To: Phillip Bender
Cc: Dan Huff; J.W. Ring; Christine Hein; Mark Strandberg
Subject: Re: Molalla: BCR v Molalla: City's proposal re Bear Creek Outfall in response to plaintiffs' latest Consent Decree proposal
Importance: Normal
Attachments: 6F686812-053B-4BD0-9386-35FA3A001291[1].png; Hi Phil, Dan and I are both in agreement on section 14 regarding utilizing a CCTV system to review the drainage lines at the WWTP. How to you feel about the DEQ notification if something is dicoverred. Will this trigger a violation against the City? Let us know if you have any other questions. JC Sent from my iPhone On Apr 30, 2015, at 11:08 AM, Phillip Bender <PBender@ringbenderlaw.com> wrote: Dan and Jenn, Here is a proposed email to Karl and Maura revising the City's proposal in order to address the outfall, along with a revised version of the Consent Decree containing language shown below in the email. We are trying to close this issue by agreeing to use the video equipment to inspect. Jenn and I talked about this approach last night. What do you think? If you think this works, I will send to plaintiffs' counsel. Phil
Settlement Communication – Not Admissible
Maura and Karl,
In response to your clients' concern about the potential leakage or discharge of treated effluent from the City's wastewater treatment plant via the abandoned and cemented up former connection to the Bear Creek outfall pipe, the City suggests that we resolve the issue by inspecting the interior of the Bear Creek outfall pipe at the plug. This should resolve your clients' suspicion that that plug is not effective in preventing leakage of treated effluent out of the WWTP and into Bear Creek via the outfall pipe. The City suggests the following provision be added to the Consent Decree as Paragraph 14:
14. As part of the City’s I/I Program, the City will purchase or contract for video scoping equipment to be used to inspect the City's municipal sewer system. Within 3 months (90 days) of purchasing or contracting for use of such equipment, the City will use the equipment to conduct an inspection of the interior of the Bear Creek outfall pipe in order to determine the effectiveness of the concrete plug previously placed at the former connection of the WWTP to that outfall pipe. In the event that any leakage of treated effluent from the WWTP through that plug is observed, the City will immediately report the observation to DEQ and work with DEQ to promptly address and resolve the issue in order to assure the effectiveness of the plug in preventing any leakage of treated effluent.
Please let us know if this language is acceptable. Also, please let us know your response to the City's significantly increased attorneys' fees proposal.
Thanks.
Phil
Phillip M. Bender - Partner
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Pittsburgh, PA 15222
(412) 770-7721
Ring Bender McKown & Castillo LLLP
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