"file:///C:From: Jennifer Cline
Sent: Wed Sep 16 10:06:42 2015
To: Dan Huff
Subject: RE: Wastewater
Importance: Normal
I would like to forward this on to the crew as an update. Any objections?
Jennifer Cline, P.E. | Public Works Director
Licensed in OR, WA
117 N Molalla Ave. | PO Box 248 * |Molalla, OR 97038
O: 503.759.0218 | F: 503.829.3676
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Wednesday, September 16, 2015 9:45 AM
To: 'drogge' <drogge@keycarpetsllc.com>; George Pottle <gpottle@cityofmolalla.com>; Jimmy Thompson <jthompson@cityofmolalla.com>; Jason Griswold <jgriswold@cityofmolalla.com>; Jennifer Satter <jsatter@cityofmolalla.com>; 'Russ Riggs' <rriggs@cityofmolalla.com>; Stephen Clark <sclark@cityofmolalla.com>
Cc: Sadie Cramer <scramer@cityofmolalla.com>; Heather Penni <hpenni@cityofmolalla.com>; Jennifer Cline <jcline@cityofmolalla.com>
Subject: Wastewater
Mayor and Council - You have all by now read the local paper regarding our wastewater saga. Below is a statement that we will be sending to the local news media as well as posting on our website.
Contrary to any claims otherwise, the City of Molalla desired and in fact attempted to settle the Clean Water Act lawsuit brought by Ms. Hansen and Bear Creek Recovery as quickly as possible. Lawyers for the City reached out to Ms. Hansen and Bear Creek Recovery through her attorneys at the Crag Law Center to discuss potential settlement after the receipt of the final 60-day notice letter, which was prior to any lawsuit being filed. At that time, Crag declined to enter into settlement discussions, stating that Ms. Hansen and Bear Creek Recovery preferred instead to proceed with filing a federal lawsuit. It was not until seven months after the City’s initial offer to discuss settlement that Ms. Hansen, Bear Creek Recovery and their attorneys engaged in settlement discussions with the City’s attorneys. Unfortunately, the filing of the suit by Ms. Hansen and Bear Creek Recovery forced the City to spend a significant amount of money preparing to defend itself in court rather than on needed improvements to our utilities. The choice to file the lawsuit rather than negotiate with the City was a choice made by Ms. Hansen and Bear Creek Recovery – not the City of Molalla.
What we are dealing with at this point is the twisting and contorting of facts and actions taken to either settle the lawsuit or defend ourselves as part of this Clean Water Act lawsuit. In fact, the same people who brought suit against the City area now claiming the City wasted time and money defending itself. We are under a microscope, fish bowl or whatever and have made great strides in bringing our wastewater system to a level that it should be. We now need to focus on continuing that endeavor. These people (BRC) have been throwing rocks for a number of years at this point and I do not believe they have any intention of moving on. Yet all of them live outside the city limits.
DEQ Fine – We did receive notice from DEQ regarding the spill at the Wastewater Plant last May and they have elected to fine the City in the amount of $4,350.00. I tried to chat with most of you about this already. Money is money and I do not like it and have multiple arguments with their findings. However, it may take more time and money to fight it rather than just pay the fine. We are considering all options at this point including spending the money on an environmental project around the plant rather than just giving the money to DEQ. On the positive side, a fine of $4,350 is minimal in the world of DEQ fines.
Biosolid Removal – We completed biosolid removal today and we were able to extract approximately 1 million gallons. Over the course of this year and last we have removed approximately 1.8 million gallons of biosolids.
Let me know if you have questions.
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
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