From: Gerald Fisher

Sent: Wed Sep 09 10:44:25 2020

To: Andy Peters; Dan Huff

Subject: RE: CONFIDENTIAL AND PRIVILEGED - Draft Letter to DEQ

Importance: Normal

Attachments: image001.png;

Also my discussion with Tyler he said the the filters only do a partial removal of some of the BOD and the rest just goes through without any treatment. The filters were never designed for BOD removal and it is just a small side effect. They are primarily for TSS removal. DEQ focused on TSS removal in the past.

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------

From: Andy Peters <apeters@cityofmolalla.com>

Date: 9/9/20 10:35 AM (GMT-08:00)

To: Dan Huff <dhuff@cityofmolalla.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: Re: CONFIDENTIAL AND PRIVILEGED - Draft Letter to DEQ

Dan as far as I can see this is all factual. I feel we could close two small gaps by adding the capitalized text to the paragraphs below. Purpose being: Trying to avoid them claiming that the filters should be supplying treatment of bod, as this will be a new thought for mike penny. Also directly linking our beliefs about the design capacity being 24 lbsBOD per capita per day to specific observations in the letter, this avoiding a potential perception of non-sequiter.

"Over the years secondary treatment facilities were added, but nothing to facilitate the core reaction processes that reduces BOD: FILTERS AND DAFS CANNOT PROCESS BOD, ONLY REMOVE IT, BUT IN THE CASE OF MOLALLA THE REMOVED BOD IS SIMPLY SENT BACK TO THE ALREADY STRESSED LAGOONS, RATHER THAN BEING PROCESSED. Instead, the WWTP was, and still is, operated with the underdrains of the DAF units open, and filter backwash water recirculated back to the aeration basin, thus recycling roughly 0.7 MGD back up to Lagoon 1 for a second round of treatment. It is unclear how this design characteristic performs, but the best it could do is act as doubling the acreage and detention time for up to 0.7 MGD."

"GIVEN THE FACTS IN THE PRECEDING PARAGRAPH, The City and its consultants believe the plant was designed to treat up to a population equivalent of 5650 at 0.24 lbs.‐BOD/day/capita."

Andy

From: Dan Huff <dhuff@cityofmolalla.com>

Sent: Wednesday, September 9, 2020 8:58:44 AM

To: Andy Peters <apeters@cityofmolalla.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>

Subject: FW: CONFIDENTIAL AND PRIVILEGED - Draft Letter to DEQ

Andy – take a look if you have a chance.

From: Mark P. Strandberg <MStrandberg@ringbenderlaw.com>

Sent: Tuesday, September 8, 2020 3:07 PM

To: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>

Cc: J.W. Ring <JWRing@ringbenderlaw.com>; Christine L. Hein <CHein@ringbenderlaw.com>; Lynn E. Treat <LTreat@ringbenderlaw.com>

Subject: CONFIDENTIAL AND PRIVILEGED - Draft Letter to DEQ

Dan & Gerald:

Once you have reviewed our strategy memo that we sent yesterday (which I’ve also attached to this email), please give the attached letter to DEQ a careful review. It’s based heavily on Gerald’s draft. We have a couple questions and comments regarding some technical issues for you to address.

While you should review the whole thing carefully, pay particularly close attention to the following issues:

1. 1. Since we know that Susan Hansen will immediately get a copy of this letter, confirm that there is nothing in there you have any problem with being blasted all over Facebook and in email forwards.
2. 2. We need to make sure that our technical information is 100% correct, we don’t want to give DEQ any wiggle room at all.

Stay safe everyone, and we look forward to discussing this with you soon.

Best,

Mark

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