John Craig

Chief, Enforcement Section at Office of Waste Management and Radiological Protection / DEQ

26

Emails

Dec 2013–Dec 2015

Archive range

26 emails found.

Flint Drinking Water Issues -

New article by Dr. Hanna-Attisha in American Journal of Public Health attempting to draw a direct link between lead levels in drinking water and elevated blood lead levels. Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 6" Floor, G. Mennen Williams Building 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 PH: (517) 335-0696 FX: (617) 373-1610 kublr@michigan gov xxxEND_PAGE:deq15_b821_2862_2862_1

(No subject)

Fe eee ce Sem cc 9 Ee cc tc a ee . Attorney-Client Privilege xxxEND_PAGE:deq21_b044_0074_0076_2 Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 6 Floor, G. Mennen Williams Building 525 West Ottawa Street P.O. Box 80755 Lansing, MI 48909 PH: (517) 335-0696 FX: (517) 373-1610 xxxEND_PAGE:deq21_b044_0074_0076_3

FW: City of Flint

Mr, Cline, This is to let you know that we just send the revised draft consentorder regarding the City's Bray Road site to Mr. Michael Robinson, Warmer Norcross & Judd. As 1 discussed with you earlier this Week, Mr. Robinson is representing the City regarding its Safe Drinking Water Act penmit and the environmental issues at the Bray Road site —the site the City Intends to use to manage the residuals from its water treatment plant as [t moves forward to use the Flint River as source water for the treatment plant. l.expect that Mr, Robinson will be contacting the Department of Environmental Quality staff that he has been working with to schedile a mesting to discuss the drafr docurnent, If you require any inforcration regarding the progress of the discussions between the City anc DEQ, please do not Nesilale to auntact re, Alneerety, Jatin John Craig, Chet Enforcement Section * Office of Waste Management and Radiological Pratection Department of Environmental Quality Ganstliution Nall 525 W. Allegan Swreer P.O. Box 30243 Lansing, Mi 48909 @ Phone? 517-284-5545 | db Facsimile! S¥7-373-4757 | internet: www michizaneov/del xxxEND_PAGE:treasury02_b3_159_230_61 000220 * Supporting the Offwe of Orinking Werer oid MunicipalAssisiante ( Offiée of Oil, Gos, dnd Milavals | Office Of Waste Manaeement antl Radialagical Protection xxxEND_PAGE:treasury02_b3_159_230_62 000221 City of Flint Dayne Walling Utilities Division Darnell Harley Mayor ICMA-CM, MPA Emergency Manage) Te: Darmoll Earley, Emergency Manager Howard Croft, DPW Director Jerry Ambrose, Finance Direstor

RE: Flint ACO language

The language below in quotes is not what is included in the Order. in general, | chink what is provided below addresses our concern that we are not requiring thern to use KWA as their source, Ht acknowledges that either scenario will require changes which must be permitted under Act 399. Not sure what is provided is the only or best way to say it; but have ne oreblem with it as written. ido have a few other questians/comments on the Order in general that | will share with Rich.

RE: Flint ACO language

Date: Wednesday, February 12, 2014 11:05:00 AM The language below in quotes is not what is included in the Order. In general, | think what is provided below addresses our concern that we are not requiring them to use KWA as their source. It acknowledges that either scenario will require changes which must be permitted under Act 399. Not sure what is provided is the only or best way to say it; but | have no problem with it as written. | do have a few other questions/comments on the Order in general that | will share with Rich.

RE: Flint ACO language

Date: Wednesday, February 12, 2014 11:05:52 AM The language below in quotes is not what is included in the Order. In general, | think what is provided below addresses our concern that we are not requiring them to use KWA as their source. It acknowledges that either scenario will require changes which must be permitted under Act 399. Not sure what is provided is the only or best way to say it; but | have no problem with it as written. | do have a few other questions/comments on the Order in general that | will share with Rich.

RE: Flint ACO language

Please include Rich Brim in responding to Steve as Rich is the Enforcement Section staff assigned to drafting the consent order. Thanks. John John Craig, Chief, Enforcement Section* | Office of Waste Management and Radiological Protection | Department of Environmental Quality | Constitution Hall -— Lansing @ Phone: 517-284-6546 | & Facsimile 517-373-4797 * Supporting the Office of Drinking Water and Municipal Assistance | Office of Oil, Gas, and Minerals | Office of Waste Management and Radiological Protection

RE: Flint ACO language

Date: Wednesday, February 12, 2014 10:09:47 AM Please include Rich Brim in responding to Steve as Rich is the Enforcement Section staff assigned to drafting the consent order. Thanks. John John Craig, Chief, Enforcement Section* | Office of Waste Management and Radiological Protection | Department of Environmental Quality | Constitution Hall — Lansing @ Phone: 517-284-6546 | & Facsimile 517-373-4797 * Supporting the Office of Drinking Water and Municipal Assistance | Office of Oil, Gas, and Minerals | Office of Waste Management and Radiological Protection

FW: Flint ACO language

We are still trying to negotiate language in ACO the “Statement of Purpose” section that wil appease both parties. They would like us to use the language in quotations below. The revised language does not force connection to KWA, and instead allows other options. As we have stated in the past construction permits will be necessary for the connection to KWA and construction permits are also necessary to allow the Flint WTP to operate on a continuous (non-emergency basis} regardless of source. if this language will not be acceptable | need to know and will need to discuss how what we would want to adjust. The last ACO draft is attached for reference. Stephen Busch, PE. Lansing and Jackson District Supervisor Ciffice of Drinking Water and Municipal Assistance MBEOQ 447-643-2314

FW: Flint ACO language

We are still trying to negotiate language in ACO the “Statement of Purpose” section that will appease both parties. They would like us to use the language in quotations below. The revised language does not force connection to KWA, and instead allows other options. As we have stated in the past construction permits will be necessary for the connection to KWA and construction permits are also necessary to allow the Flint WTP to operate on a continuous (non-emergency basis) regardless of source. If this language will not be acceptable | need to know and will need to discuss how what we would want to adjust. The last ACO draft is attached for reference. Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314

RE: update regarding Bray Road consent order

Steve, I have integrated the City’s proposed language into the last paragraph of the Statement of Purpose. Attached is a revise draft. However, I am uncertain as to the meaning of the City’s last sentence which states: “Public improvement projects under Act 399 are required to be completed for [Respondent] to receive water from the KWA.” What do they mean by “public improvement projects” and what “requires” such to be completed. I would prefer language that says: The KWA requires the Respondent’s waterworks system to be in full compliance with Act 399 before KWA delivers source water to the Respondent.” This seems to be more straightforward to me. Hopefully, this is what the City is getting at. You'll have to discuss this issue with the City. John Craig, Chief, Enforcement Section* | Office of Waste Management and Radiological Protection | Department of Environmental Quality | Constitution Hall — Lansing @ Phone: 517-284-6546 | & Facsimile 517-373-4797 * Supporting the Office of Drinking Water and Municipal Assistance { Office of Oil, Gas, and Minerals | Office of Waste Management and Radiological Protection

RE: update regarding Bray Road consent order

Thanks John. i believe the City will want to add the attached language or something similar as a new paragraph/subsection under the findings (Section 2}. if we could add it now to the draft that would be helpful, but we can try to negotiate it on Monday if necessary. Slephen Busch, PE. Lansing and Jackson District Supervisor Office of Drinking Water anc Municioal Assistance MDBEQ 817-843-2344

FW: update regarding Bray Road consent order

Importance: High Steve and Jim, I have attached a draft consent order related to the city of Flint Bray Road site pursuant to Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451. This is a rough draft based on the information available to the Office of Waste Management and Radiological Protection, but is a good starting point for development of the consent order. This draft has not been internally distributed for review and comment by DEQ staff, OWMRP and ODWMA management, or the Department of Attorney General, so it is subject to additional changes. However, in the interest in moving the project along, you may share it with the City and their representatives, with the above caveat, in order to continue what I hope will be fruitful discussions next Monday. Unfortunately, I will be out of the office tomorrow, Friday, February 7" so I will not be available to discuss my revisions or respond to questions you may have. I'll be back in the office on Monday at 10:00 AM. Thanks. John John Craig, Chief, Enforcement Section* | Office of Waste Management and Radiological Protection | Department of Environmental Quality | Constitution Hall — Lansing @ Phone: 517-284-6546 | & Facsimile 517-373-4797 * Supporting the Office of Drinking Water and Municipal Assistance | Office of Oil, Gas, and Minerals | Office of Waste Management and Radiological Protection Sent: Thursday, February 06, 2014 10:42 AM

Re: Bray Road

Date: Tuesday, February 04, 2014 1:06:06 PM Importance: High John, My understanding is that the Bray Road lagoon facility would have been created in the mid 1960’s, if not earlier, as part of the original water treatment plant construction. Obviously this predates most of our modern environmental regs like the clean water act, and I’m not as familiar with what requirements would have been part of Act 98 or the old water resources commission. The authorization for disposal comes in a general form, from the issuance of a construction permit under Act 399, or back then Act 98. The issues related to operation of the facility and management of sludge accumulations within the lagoon are handled through the inspection (sanitary survey) process by staff in the drinking water program. Limited ability to handle the waste produced would be a limitation on the system capacity. However, | would say a thorough review of the wasting process at most drinking water treatment plants rarely occurs, given the greater focus the drinking water treatment process and protection of public health during the inspections. We do have some more recent, late 1990’s/early 2000's, records relating to Bray Road but I’m not sure we (DEQ or Record Center) have documents related to the original construction. That would probably need to be obtained from any historical City of Flint records. In my recent discussions with the City regarding Bray Road, we took the position that the facility has fallen into a dilapidated condition which no longer meets the standards of its original construction and therefore no longer falls under the purview of a 2210 discharge without permit R323.2210, subrule (0), and any further discharge would be in violation of the Part 22 Rules. In order for the City to regain the ability to discharge without permit under 2210, the City would need to obtain an Act 399 Construction Permit for reconstruction of the facility, and they have retained an engineering consultant to do just that. | hope that helps but let us know if you still have questions. Regarding the ACO, | worked on portions of Section 3, Compliance Program, with Jim, but did not see the rest of the draft order. There are some other issues regarding the language in Section 2, Finding, that should be addressed before ODWMA gives any blessing to the order. Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314

Bray Road

Importance: High Jim, I have a some questions that you may need to talk with Steve Busch about. I need this information to complete the review of the draft consent order. 1. What historical authorization, if any, did the City of Flint have to place the lime from its water treatment plant at the Bray Road site? 2. What conditions in the authorization, if any, require the City of Flint to remove the historically- placed lime for disposal or authorized use? If the authorization is in the form of a permit or other written authorization, identify the document by name and date issued or entered, and provide a copy of the document. If the authorization is by statute or administrative rule, cite the section(s) or rule number(s) giving the authorization and any conditions regarding the ultimate management (i.e., disposal or authorized use) of the water treatment residuals (i.e., lime). Thanks. John xxxEND_PAGE:deq01_b239_3916_3917_2

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