Valerie Brader

Fyi... see below

Hi Valerie, thoped to catch you on the phone, but didn’t make it through. | wanted you to hear from me that NRDC’s litigation team is at this moment filing a notice of intent to sue among othars the Chty of Flint, Governor Snyder, and Dan Wyant under the Safe Drinking Water Act. NRDC along with the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan will working together in the state on this issue, | can put you in touch with those working in Flint if you'd fike ancl will continue to be a resource and partner on all energy related matters. Please let me know if you have questions or would like more information. Ariana Energy Policy Analyst NATURAL RESOURCES DEFENSE COUNCIL 20 N. WACK CHICAGO, IL T GL2.854.2024 ui PPI AGoweecerewRDS.ORG xxxEND_PAGE:deq19_b13_1016_1232_201 November 16, 2015 By Certified Mail, Return Receipt Requested City of Flint Attn: Mayor Karen Williams Weaver 1101 South Saginaw Street Flint, MI 48502 [email protected] Governor Rick Snyder P.O. Box 30013 Lansing, MI 48909 contactmichigan@state. mi.us Director Dan Wyant Michigan Department of Environmental Quality Constitution Hall 525 West Allegan Street P.O. Box 30473 Lansing, MI 48909-7973 [email protected] Treasurer Nick A. Khouri Michigan Department of Treasury Richard H. Austin Building 430 West Allegan Street Lansing, MI 48922 KhouriN@michigan. gov RTAB Chairperson Frederick Headen Flint City Hall 1101 South Saginaw Street Flint, MI 48502 HeadenF @michigan.gov RTAB Member Brian Larkin Flint City Hall 1101 South Saginaw Street Flint, MI 48502 RTAB Member David McGhee Flint City Hall 1101 South Saginaw Street Flint, MI 48502 [email protected] RTAB Member Robert McMahan Flint City Hall 1101 South Saginaw Street Flint, MI 48502 [email protected] RTAB Member Beverly Walker-Griffea Flint City Hall 1101 South Saginaw Street Flint, MI 48502 [email protected] City Administrator Natasha Henderson Flint City Hall 1101 South Saginaw Street Flint, MI 48502 Re: Notice of Intent to Sue Under the Safe Drinking Water Act, 42 U.S.C. § 300j-8(b)(1)(a), for Failure to Control Lead in Drinking Water in Flint, Michigan, and Failure to Assist Michigan Schools with Lead Testing and Remediation We write on behalf of Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan (ACLU of Michigan), and the Natural xxxEND_PAGE:deq19_b13_1016_1232_202 November 16, 2015 Page 2 of 16 Resources Defense Council (NRDC), nonprofit citizens’ organizations and individuals working to secure safe drinking water for the residents of Flint, Michigan. Since April 2014, the City of Flint and Michigan state officials have failed to monitor and control for lead in Flint’s drinking water, and to maintain a program to assist Michigan schools with lead testing and remediation, in violation of the Safe Drinking Water Act, 42 U.S.C. § 300f et seq. This letter provides notice pursuant to 42 U.S.C. § 300j-8(b)(1)(a) that we intend to sue the City of Flint; Rick Snyder, Governor of Michigan; Dan Wyant, Director of Michigan Department of Environmental Quality; Nick A. Khouri, Treasurer of Michigan; Frederick Headen, Chairperson of the Flint Receivership Transition Advisory Board (Board); Brian Larkin, David McGhee, Robert McMahan, and Beverly Walker-Griffea, Members, RTAB; and Natasha Henderson, Flint City Administrator, if these violations are not remedied within sixty days.' Concerned Pastors for Social Action is an association of religious leaders from more than thirty churches and ministries in the Flint area that has advocated for the rights of the underserved for nearly fifty years. Melissa Mays is a Flint resident whose family has suffered from serious health problems as a result of the City’s failure to provide safe drinking water. The ACLU of Michigan works in courts, legislatures, and communities to preserve the protections that our laws guarantee to all citizens. NRDC is a national membership organization committed to protecting public health and the environment and to reducing the exposure of all communities to toxic chemicals. These groups and individuals continue to be harmed by the violations of the Safe Drinking Water Act by the City and Michigan state officials, detailed below. I. City and State officials have exposed and continue to expose Flint residents to dangerous amounts of lead in drinking water A. The City, Emergency Manager, and State Treasurer chose the Flint River as a primary drinking-water source In the fall of 2011, Michigan Governor Rick Snyder declared a financial emergency in the City of Flint and appointed an emergency manager to take control of the City’s operations and finances.’ Flint Mayor Dayne Walling and the City Council were stripped of all authority except as specifically allowed by the Emergency Manager, and the City was placed in state receivership.’ Under Michigan’s Local Financial Stability and Choice Act, an ' These individuals are noticed in their official capacities. > See Mich. Comp. Laws § 141.1549; Letter from Gov. Rick Snyder to Mayor Dayne Walling and Flint City Council (Nov. 8, 2011), 417435 7.pdf (attached as Ex. 1); Dawson Bell, Governor names Flint native as city’s emergency financial manager, Detroit Free Press, Nov. 30, 2011, http://www. freep. financial-manager (attached as Ex. 2). > Mich. Comp. Laws § 141.1549(2). xxxEND_PAGE:deq19_b13_1016_1232_203 November 16, 2015 Page 3 of 16 Emergency Manager has “broad. powers” to “rectify the financial emergency and to assure fiscal accountability of the local government.”* While under control of the Emergency Manager, the City faced decisions about the future of its drinking-water supply. For fifty years, the City had purchased. drinking water

Dan -— FYI. | used to commute to Detroit with Mike Steinberg, who is head of litigation for the ACLU in Michigan. He just called to say they may be getting involved with the Flint case to see if they can force Flint to go back to DWSD. He wanted to call and see if | was involved so they could have a conversation before they come in. | said | had no more involvement and said he should talk to you — that | would let you know and give him your number. He is pretty straight- up in terms of letting you know where they will go and you can trust him if there is a settlement discussion to play it straight. That said, he has been with the ACLU for years, so you know where they are likely to be and be able to go. His cell number i --Valerie Valerie J.M. Brader Executive Director, Michigan Agency for Energy Office: 517-284-8335 braderv@ michigan gov Michi gan Agency for Eneray xxxEND_PAGE:deq24_b504_1306_1306_1

PY

Valerie, We did ask for funding for this in our budget request this year. | will ask on your second question. | think so but not sure. Dan Wyant

Dan -- Two questions leapt out at me from this report: --The statement that in a few years, the non-community water supplies will have a serious cost hit them for total coliform (bacterial) compliance and no funding to address it. Is that something we should be looking at trying to support in longer-term budgets? --The fact that we are not hitting our goals for avoiding acute health risks for water quality (not hitting 95% compliant). Is this mostly the Flint problem showing up in the stats or are there other areas with drinking water quality acute problems? --Valerie

Dan -- Two questions leapt out at me from this report: --The statement that in a few years, the non-community water supplies will have a serious cost hit them for total coliform (bacterial) compliance and no funding to address it. Is that something we should be looking at trying to support in longer-term budgets? --The fact that we are not hitting our goals for avoiding acute health risks for water quality (not hitting 95% compliant). Is this mostly the Flint problem showing up in the stats or are there other areas with drinking water quality acute problems? --Valerie

Good gravy. First, just to clarify, when Valerie says GM is leaving, she means leaving the Flint water system, not abandoning the City altogether. Second, to anyone who grew up in Flint as | did, the notion that | would be getting my drinking water from the Flint River is downright scary. Too bad the EM didn’t ask me what | thought, though I’m sure he heard it from plenty of others. My Mom is a City resident. Nice to know she’s drinking water with elevated chlorine levels and fecal coliform. | agree with Valerie. They should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.

As you know there have been problems with the Flint water quality since they left the DWSD system, which was a decision by the emergency manager there. Specifically, there has been a boil water order due to bacterial contamination. What is not yet broadly known is that attempts to fix that have led to some levels of chiorine-related chemicals that can cause long-term damage if not remedied (though we believe they will remedy them before any damage would occur in the population). Now apparently the reduced quality is causing GM to leave due to rusted parts. 1 am fairly sure that GM's departure now means the economic rationale for Flint leaving DWSD in the interim while the new intake is constructed has just been eliminated. Moreover, our DEQ has been working with Flint's team to try to address the technical problem, but doing a blend of DWSD water and Flint water, or going back altogether for a year or two while the new lake intake is constructed, have not really been solutions on the table. Now we are getting comments about being lab rats in the media, which are going to be exacerbated when it comes out that after the boil water order, there were chemicals in the water that exceeded health-based water quality standards. I 105 xxxEND_PAGE:treasury01_b22_3033_3514_396 think we should ask the EM to consider coming back to the Detroit system in full or in part as an interim solution to both the quality, and now the financial, problems that the current solution is causing. That additional revenue would also help DWSD, obviously, and the infrastructure is already in place, so this could be implemented quickly. I am not sure who is the best person to initiate that conversation with the EM, but I see this as an urgent matter to fix. Valerie P.S, Note:I have not copied DEQ on this message for FOIA reasons. I have sent them the below message from the Senator's office and had conversations with them re making sure to brief the EM directly on the water quality issues.

FYI. This underscores the need for the folks from DEQ to talk to the EM in Flint, and to make sure a blended water solution is being explored. I know Dan's team was working on getting that set up.

Hi Valerie, Hope you’re doing well. Senator Ananich asked me to forward you this article about GM's decision to stop using Flint River water: fli.html. He mentioned he’d had a conversation with you about Flint’s water issues and just wanted to ensure you saw the latest. Thanks! Have a wonderful afternoon. : ) Best, Bryanna Bryanna McGarry, MSW Legislative Director State Senator Jim Ananich District 27 100 xxxEND_PAGE:treasury01_b22_3033_3514_400 Widigan, Robert (TREASURY)

Valerie and Madhu, Attached for your convenience is a pdf copy of the DEQ letter to Flint regarding Total Trihalomethanes (TTHM’s) discussed during our meeting today. | have confirmed with our Analyst that the next round of samples is scheduled to be collected in November. They are allowed to collect them any time during the month and analysis takes approximately 1 week to get results back from the lab. Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314 xxxEND_PAGE:deq21_b393_1110_1110_1

10-1-14.pdf; Flint Monthly Pumpage Comparison.pdf; ODWMA-399-022 pdf Importance: High Dear Governor, Dennis, and Val: Per your request, the attached briefing paper is on the City of Flint drinking water situation. Director Dan Wyant has asked that I send this to you. A Word version as well as a pdf version is attached. We have also included a copy of the policy ODWMA-399-022 which specifically provides guidance regarding boil water advisory situations, and a chart showing the significant increase in the City of Flint’s water demands following the extreme conditions experienced this past winter. Allison, please forward to the Governor. Thank you. If you have any questions or need further information, please let us know, Thank you. Mary Beth Mary Beth Thelen Management Assistant to Director Dan Wyant Department of Environmental Quality Constitution Hail, 6th Floor South Phone: 517-284-6712 or 284-6700 (new numbers) Fax: 517-241-7401 [email protected] Attachments xxxEND_PAGE:deq26_b114_1143_1162_01 DEPARTMENT OF ENVIRONMENTAL QUALITY GOVERNOR’S OFFICE BRIEFING PAPER CITY OF FLINT DRINKING WATER What contributed to the Boil Water Advisories in the city of Flint? A number of factors, not one specific cause, likely contributed to the Boil Water Advisories (BWAs) in the city of Flint during August and September 2014. While use of the Flint River has increased the amount of natural organic matter in the city’s water, the Flint Water Treatment Plant (WTP) has performed well above treatment requirements for organic carbon removal. In addition, less than 20 percent of the water system was included in the advisory area. {f treatment had been compromised, detections would have been widespread throughout the city, rather than in such a iocalized area. The city’s water distribution system has suffered from a lack of infrastructure investment and asset management. Most of the city’s over 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall. Biofilm growth is common in areas of piping with little or no disinfectant residual, and together with tuberculation can clog water lines to the point of insufficient water pressure. The city has aiso experienced decades of a declining user base and water use associated with vacant homes, commercial businesses, and industrial property. Declining water use leads to excess residence time within the city’s distribution pipes and water storage facilities, accelerating tuberculation, biofilm growth, and disinfectant residual degradation. While the city has recently seen an infusion of funding for blight removal, contractors completing this work have been improperly using fire hydrants, causing hydraulic disturbances that dislodged and suspended settled debris, which may have contributed to the bacterial contamination. The winter of 2014 was also one of the coldest experienced by the water system. The city, which historically has unaccounted water losses of over 30 percent, has seen even greater losses since February 2014 due to an increase in cold weather-related water main breaks and leaks. The city lacks a formal maintenance program for its over 7,250 valves, which would normally be used to limit impacts during break repairs. Two valves on the transmission line used to supply the area of the BWAs were found to be closed during the city’s investigation, causing longer residence time, reduced disinfectant residual, reduced flow, and reduced pressure. One of these valves has remained broken. xxxEND_PAGE:deq26_b114_1143_1162_02 Governor's Office Briefing Paper City of Flint Drinking Water Page 2 The BWAs also occurred during the warmest and, for 2014, relatively wet periods of August and September. Warm weather conditions are not only more conducive to bacterial growth but also degrade the water's disinfectant residual carried out from the WTP more quickly. Longer residence times, biofilms, and tuberculation also contribute to disinfectant residual degradation. Warm wet weather conditions also allow water contaminated with bacteria to pool around piping with leaks and breaks. Process for issuance and Cancelation of a Boil Water Advisory There are a number of conditions that can trigger BWAs. This includes the following: - Bacteria Monitoring Detections - Loss of System Pressure - Bacteria Standards Violations - Water Main Breaks ~ Treatment System Failures - Other Interruptions in Service - Waterborne Disease Outbreaks The Department of Environmental Quality (DEQ) has developed a policy and procedure regarding BWAs to help guide staff, provide consistency, and maintain public health. A PDF of Policy and Procedure No. ODWMA-399-022 is being forwarded with this briefing paper, BWAs may be self-initiated by the water systern, issued collaboratively in consultation with the DEQ, or when necessary mandated by the DEQ. Requesting customers to boil the water when bacterial contamination has occurred provides an added barrier of public health protection. The BWAs that recently occurred in the city of Flint were associated with bacteria monitoring detections and violations of bacteria standards. These advisories were issued by the city of Flint collaboratively in consultation with the DEQ. Current regulations regarding monitoring and standards for bacteria in water distribution systems were developed by the U.S. Environmental Protection Agency, have been in effect since 1990, and were incorporated into the Michigan Safe Drinking Water Act, 1976 PA 309, as amended. There are a variety of bacteria, parasites, and viruses that can potentially cause heaith problems if humans ingest them in drinking water. Testing water for each of these potential pathogens would be difficult and expensive. Instead, water systems test for total coliform and E.coli. Total coliform bacteria react to water treatment in a manner similar to many pathogens. Therefore, the presence of total coliform in drinking water indicates there may be a pathway for pathogens or other contaminants to enter the system. The absence of total coliforms in the distribution system minimizes the likelihood that pathogens are present. E.coil/is itself a pathogen, and its detection would be direct evidence of a health risk. xxxEND_PAGE:deq26_b114_1143_1162_03 Governor's Office Briefing Paper City of Flint Drinking Water Page 3 Once a BWA has been issued, time is needed to investigate potential causes and implement corrective measures. The larger the water system, the more time this may take. Once corrective measures have been taken, samples must be collected and analyzed to confirm that bacteria are no longer present. Using the most common analytical method, sarnples must be incubated for a periad of 24 hours before results can be obtained. In situations where the bacterial contamination has been confirmed, two consecutive rounds of safe samples coilected at least 24 hours apart are normally obtained before canceling a BWA. Adding each of these steps together, a normal response period to cancel a BWA under these circumstances would be expected to take at least 3 to 4 days. Recent History of the City of Flint Water System Historically, the city of Flint had been a customer of the Detroit Water and Sewerage Department (DWSD) while simultaneously maintaining the Flint WTP to provide emergency backup service using the Flint River. The WTP performed quarterly test operations to maintain readiness and was utilized twice in 2009, supplying water once for 2 days and the other for 3 days. in April 2013 the city of Flint notified the DWSD that it would be terminating service in the future and contracting for raw water service from the Karegnondi Water Authority (KWA). Work on the KWA pipeline from Lake Huron broke ground in June 2013 and is expected fo be completed with connection in late 2016. In August 2013 Rowe Professional Services Company completed an engineering proposal for improvements to the Flint WTP that would allow continuous operation of the WTP utilizing the Flint River in lieu of continuing service frorn the DWSD until completion of the KWA pipeline. In March 2014 the city of Flint entered into a Consent Agreement with the DEQ regarding the Flint WTP’s lime sludge facility. In April 2014 the DEQ issued a construction permit for improvements to the Flint WTP. On April 25, 2014, the city of Flint began continuous operation of the WTP, using water from the Flint River and discontinued the purchase of water from the DWSD. A BWA was issued for August 15-20, 2014, for a portion of the city of Flint due to localized detections of total coliform and E.colf bacteria. Another BWA was issued for September 5-9, 2014, due to localized detections of total coliform bacteria in the same and adjacent portions of the city of Flint. The advisory covered an area of approximately six square miles. The city of Flint has a total land area of just over 34 square miles. xxxEND_PAGE:deq26_b114_1143_1162_04 Governor's Office Briefing Paper City of Flint Drinking Water Page 4 While many of the BWA contributing factors listed above require long-term solutions, the city has taken operational steps to limit the potential far a BWA to reaccur. The city has increased flushing of water mains to limit residence time, maintain disinfectant residual, and help remove buildup and deposits within the piping. The city is boosting chlorine disinfectant residual at locations in the distribution system as needed. The city continues to investigate water leaks and water main breaks and the status and condition of system vaives. Prepared by: Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance Department of Environmental Quality October 1, 2014 xxxEND_PAGE:deq26_b114_1143_1162_05 DEPARTMENT OF ENVIRONMENTAL QUALITY GOVERNOR’S OFFICE BRIEFING PAPER CITY OF FLINT DRINKING WATER What contributed to the Boil Water Advisories in the city of Flint? A number of factors, not one specific cause, likely contributed to the Boil Water Advisories (BWAs) in the city of Flint during August and September 2014. While use of the Flint River has increased the amount of natural organic matter in the city’s water, the Flint Water Treatment Plant (WTP) has performed well above treatment requirements for organic carbon removal. in addition, less than 20 percent of the water system was included in the advisory area. If treatment had been compromised, detections would have been widespread throughout the city, rather than in such a localized area. The city’s water distribution system has suffered from a lack of infrastructure investment and asset management. Most of the city’s over 550 miles of water mains are now over 75 years ald and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wail. Biofilm growth is common in areas of piping with little or no disinfectant residual, and together with tuberculation can clog water lines to the point of insufficient water pressure. The city has also experienced decades of a declining user base and water use associated with vacant homes, commercial businesses, and industrial property. Declining water use leads to excess residence time within the city’s distribution pipes and water storage facilities, accelerating tuberculation, biofilm growth, and disinfectant residual degradation. While the city has recently seen an infusion of funding for blight removal, contractors completing this work have been improperly using fire hydrants, causing hydraulic disturbances that dislodged and suspended settled debris, which may have contributed to the bacterial contamination. The winter of 2014 was also one of the coldest experienced by the water system. The city, which historically has unaccounted water losses of over 30 percent, has seen even greater losses since February 2014 due to an increase in cold weather-related water main breaks and leaks. The city lacks a formal maintenance program for its over 7,250 valves, which would normaily be used to limit impacts during break repairs. Two valves on the transmission line used to supply the area of the BWAs were found fo be closed during the city’s investigation, causing longer residence time, reduced disinfectant residual, reduced flow, and reduced pressure. One of these valves has remained broken. xxxEND_PAGE:deq26_b114_1143_1162_06 Governor's Office Briefing Paper City of Flint Drinking Water Page 2 The BWAs also occurred during the warmest and, for 2014, relatively wet periods of August and September. Warm weather conditions are not only more conducive to bacterial growth but also degrade the water's disinfectant residual carried out from the WTP more quickly. Longer residence times, biofilms, and tuberculation also contribute to disinfectant residual degradation. Warm wet weather conditions also allow water contaminated with bacteria to pool around piping with leaks and breaks. Process for issuance and Cancelation of a Boil Water Advisory There are a number of conditions that can trigger BWAs. This includes the following: - Bacteria Monitoring Detections - Loss of System Pressure - Bacteria Standards Violations - Water Main Breaks - Treatment System Failures - Other Interruptions in Service - Waterborne Disease Outbreaks The Department of Environmental Quality (DEQ) has developed a policy and procedure regarding BWAs to help guide staff, provide consistency, and maintain public health. A PDF of Policy and Procedure No. CDWMA-399-022 is being forwarded with this briefing paper. BWAs may be self-initiated by the water system, issued collaboratively in consultation with the DEQ, or when necessary mandated by the DEQ. Requesting customers to boil the water when bacterial contamination has occurred provides an added barrier of public health protection. The BWAs that recently occurred in the city of Flint were associated with bacteria monitoring detections and violations of bacteria standards. These advisories were issued by the city of Flint collaboratively in consultation with the DEQ. Current regulations regarding monitoring and standards for bacteria in water distribution systems were developed by the U.S. Environmental Protection Agency, have been in effect since 1990, and were incorporated into the Michigan Safe Drinking Water Act, 1976 PA 399, as amended. There are a variety of bacteria, parasites, and viruses that can potentially cause health problems if humans ingest them in drinking water. Testing water for each of these potential pathogens would be difficult and expensive. Instead, water systems test for total coliform and E.coli. Total coliform bacteria react to water treatment in a manner similar to many pathogens. Therefore, the presence of total coliform in drinking water indicates there may be a pathway for pathogens or other contaminants to enter the system. The absence of fotal coliforms in the distribution system minimizes the likelihood that pathogens are present. E.colfis itself a pathogen, and its detection wauid be direct evidence of a health risk. xxxEND_PAGE:deq26_b114_1143_1162_07 Governor's Office Briefing Paper City of Flint Orinking Water Page 3 Once a BWA has been issued, time is needed to investigate potential causes and implement corrective measures. The larger the water system, the mare time this may take. Once corrective measures have been taken, samples must be collected and analyzed to confirm that bacteria are no longer present. Using the most common analytical method, samples must be incubated for a period of 24 hours before results can be obtained. In situations where the bacterial contamination has been confirmed, two consecutive rounds of safe samples collected at least 24 hours apart are normally obtained before canceling a BWA, Adding each of these steps together, a normal response period to cancel a BWA under these circurnstances would be expected to take at least 3 to 4 days. Recent Histary of the City of Flint Water System Historically, the city of Flint had been a customer of the Detroit Water and Sewerage Department (DWSD) while simultaneously maintaining the Flint WTP to provide emergency backup service using the Flint River. The WTP performed quarterly test operations to maintain readiness and was utilized twice in 2009, supplying water once for 2 days and the other for 3 days. in April 2013 the city of Flint notified the DWSD that it would be terminating service in the future and contracting for raw water service from the Karegnondi Water Authority (KWA). Work on the KWA pipeline fromm Lake Huron broke ground in June 2013 and is expected to be completed with connection in fate 2016. in August 2013 Rowe Professional Services Company completed an engineering proposal for improvements to the Flint WTP that would allow continuous operation of the WTP utilizing the Flint River in lieu of continuing service from the DWS0D until completion of the KWA pipeline. In March 2014 the city of Flint entered into a Consent Agreement with the DEQ regarding the Flint WTP’s lime sludge facility. in April 2014 the DEQ issued a construction permit for improvements to the Flint WTP. On April 25, 2014, the city of Flint began continuous operation of the WTP, using water from the Flint River and discontinued the purchase of water from the DWSD. A BWA was issued for August 15-20, 2014, for a portion of the city of Flint due to localized detections of total coliform and E.colf bacteria. Another BWA was issued for September 5-9, 2074, due to localized detections of total coliform bacteria in the same and adjacent portions of the city of Flint. The advisory covered an area of approximately six square miles. The city of Flint has a total land area of just over 34 square miles. xxxEND_PAGE:deq26_b114_1143_1162_08 Governor's Office Briefing Paper City of Flint Drinking Water Page 4 While many of the BWA contributing factors listed above require long-term solutions, the city has taken operational steps to limit the potential for a BWA to reoccur. The city has increased flushing of water mains to limit residence time, maintain disinfectant residual, and help remove buildup and deposits within the piping. The city is boosting chlorine disinfectant residual at locations in the distribution system as needed. The city continues to investigate water leaks and water main breaks and the status and condition of system valves. Prepared by: Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance Department of Environmental Quality October 1, 2014 xxxEND_PAGE:deq26_b114_1143_1162_09 25,008,000 48,000,000 2018 | Be | 2 = 8 8 10,000,000 - 8,000,000 xxxEND_PAGE:deq26_b114_1143_1162_10 Original Effective Date: October 12, 2007 Revised Date: Reformatted Date: OFFICE OF DRINKING WATER AND MUNICIPAL ASSISTANCE POLICY AND PROCEDURE __

Team: Attached is a memo from Bill Rustem regarding the Flint Water System. Because there are outside departments included on the calendar appointment, this will only be in the Governor’s briefing tonight so we wanted to make sure you had it as well. Please let me know if you have any questions. Thanks, Melanie Ellison Office of Governor Rick Snyder O: 517-373-0504 xxxEND_PAGE:executiveofficeemails19_b244_654_654_1

when: Friday, April 19, 2013 3:00 PM-4:30 PM (GMT-05:00) Eastern Time (US & Canada). where: Governor's SE MI Office Attendees: RDS/GT in person, Val Brader by phone Mr. Orr by phone Harvey Hollins by phone or in person Attending from DWSD: Jim Fausone, Sue McComerick (Director), Nikki Bateson (CFO) Attending from Flint: Ed Kurtz (he is sending his attendee list over shortly) Attending from Treasury: Andy Dillon xxxEND_PAGE:deq24_b575_1489_1489_1

Fausone chairs the DWSD Board of Water Commissioners, which is actually a body that exists under the Detroit Charter and is appointed by the Mayor. Fausone's appointment to the board was facilitated by the federal court, as a suburban representative (Bing agreed to name suburban reps; I can't remember if he did it to avoid an order or if Cox ended up issuing one on the matter). The Board's decisions in almost all key matters (rates, contracts) are subject to approval by the City Council, so KO does not need to listen to them. All members of the board are mayoral appointees who serve at his pleasure, so in theory, KO could even fire Fausone if he tried this. the only potential obstacle is the potential federal court order, which if it exists, would arguably require him to ask Wayne County for a new name. I would need to refresh myself on Cox's orders on this to be sure of the process. Even if Cox technically ordered this, the federal court would likely avoid getting involved if the issue (as this is) was unrelated to the sewer system. I can't see any appeals court upholding a judge's order with that as the basis, and the 6th Circuit made it pretty clear in 07 or 08 that the federal court in this case had no authority over the water side of the system, and the argument that the water and sewer systems are linked via shared management is DOA. Sent from my iPad