Richard Brim

Environmental Quality Enforcement Specialist at DEQ / DEQ

15

Emails

Feb 2014–Mar 2014

Archive range

15 emails found.

RE: New 3.13

Adl— the sentence requiring an Act 399 permit in 13.3 has heen rernoved. | was uncomfertable that it agpeared to only pertain to the activities under 13.3., when it’s required for other actions proposed to be taken. In addition, there alreacly js a general provision that actions taken under the order must comply with state and federal faw, oa! think Steve’s concern is covered. Thanks everyone for getting this done. Liane liane J. Shekter Smith, P.£., Chief Office of Drinking Water and Municipal Assistance Michigan Department of Environmental Guality 517-284-6543

RE: New 3.13

1 xxxEND_PAGE:deq17_b373_1936_1938_1 Rich ~ cari you verify that the Order cortains a provision that they must comply with state law {.e., they need to apply for and get appropriate permits before commencing construction)? | think this will address Steve's concern below. Otherwise, we'll probably need! a generic staternent about getting the appropriate Act 399 permits before they make system improvements. liane J. Shekter Smith, P.E., Chief Office of Drinking Water and Municipal Assistance Michigan Department of Environmental Quality 547-284-6543

New 3.13

“Respondent has chosen to use its WTP to supply water to its customers and leave the DWSD after receipt of a notice of termination of service from DWSD. In order for Respondent to continue to use the WTP, Respondent must undertake the KWA public improvement project or undertake other public improvement projects to continue to use the Flint River, such as additional WTP public improvements, source water protection public improvements, and public improvements to obtain a back-up water supply, in order to comply with Act 399.” Mike xxxEND_PAGE:deq17_b373_1936_1938_3

Flint

t Rich, | was advised late today that the City must have this order signed by the end of this week or significant problems will occur, such as losing an entire construction season on the new water supply for Flint. | spoke very briefly with Jim Sygo about this late this afternoon, | will be contacting folks early tomorrow to get this moving and completed. | stressed with Jim Sygo that you, Jim and Steve have been doing a great job. We just need to move this to the goal line this week. | will be contacting you tomorrow morning. | will also be contacting the AG’s office. | will come to Lansing any day this week to assist you, if that would help get this done. Please let me know about that. Mike xxxEND_PAGE:deq04_b576_5666_6018_352 Rennaker, Joanne (DEQ)

RE: Bray road consent order

Rich, In response to Mr. Robinson’s request to copy language from the Statement of Purpose and create a Section 3.13 in the Compliance Program, | have drafted the following language: 3.13 Public improvement projects under Act 399 required to be completed by the Respondent to receive water from KWA, continue to use the Flint River, or obtain a back-up water supply in order to comply with Act 399, shall not initiate construction, alteration, addition or improvement until the Respondent has obtained a valid construction permit(s) from the ODWMA issued under Section 4 of Act 399. Copying the language word for word would not appear to comply with compliance program requirements, so | have attempted to restate the language in a manner that may fit within the compliance program structure. This draft language should also relieve OWMRP from any implied authority under Act 399, by directing the respondent to ODOWMA for Act 399 compliance. Hope that works. Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314

Bray road consent order

Here is the draft consent order with the City’s comments. Jim, | will call you in about 20 minutes. You should focus on Sections 1-3. xxxEND_PAGE:deq04_b577_6019_6376_117 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. {t is provided solely for the consideration and use of the intended recipient(s), their principals, and thelr legal counsel. it should not be disclosed to any other person without the express consent of the Department of Environmental Quality. STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF WASTE MANAGAEMENT AND RADIOLOGICAL PROTECTION In the matter of the OWMRP Order No. 115-__ -__. administrative proceedings against City of Flint, doing business at 5200 Bray Road, Genesee Township, A or Genesee County, Michigan CONSENT ORDER Vu ile This proceeding results from unresolved allegations specified in the Letters of Warning, (LOWs) issued on April 9, 2001, and February 14, 2002, and | dated April 15, 1997, April 19, 2002, September 8, 2003, October 28, 2003 and January 18, | 2011, by the Department of Environmental Quality (‘DEQ’). (Attachment 1). The DEQ, Office of Waste Management and Radiological Protection “(OWMRP)’ alleges thai\the city of Flint (“Respondent”) at 5200 Bray Road, Genesee Township, Genesee County, Michigan (the “Site”), placed or allowed the placement of solid waste in an Open Dump at the Site, 5 he.disposal.of solid waste-at-the Site in-violation.of Parf115/Solid- Waste. Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, Michigan Compiled Laws ("MCL") 324.101 ef seq. (“NREPA"), and the administrative rules promulgated under Part 115. The Respondent and the DEQ agree to resolve the alleged violations set forth in the above-referenced LOWs and Compliance Communications by entry of this Consent Order. aA BI, peed a CHEe Cortaaut OAMZ, get. waste in place of other disposal in an Open Dump at the Site, or otherwise _ awd 6 eng STATEMENT OF PURPOSE In entering into this Consent Order, the mutual objectives of the Respondent and the DEQ are to address the Open Dump created at the Site, eliminate the surface water discharge from the Site to the Cornwell Drain, aad allow the Respondent to reconstruct the system used to manage drinking water treatment plant (WTP) residuals at the Site, aud T cout lo Marty bisa posrhutl, fronth That the SE , xxxEND_PAGE:deq04_b577_6019_6376_118 pone shh Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. To accomplish these objectives, the Respondent agrees to determine the horizontal and vertical extent and character of any solid waste historically disposed of at the Site, including, but not limited to, the WTP residuals and any solid wastes identified as being disposed of in the above- referenced LOWs and Compliance Communications. Consistent with the waste characterization and other investigation data, the Respondent agrees to either remove and “dispose ofthe solid waste at a disposal area that is licensed by the DEQ, or leave the solid waste in place and place final cover over it in accordance with the requirements of Part 115 and this Consent Order. In addition, the Respondent agrees to determine, by conducting a-remedial- investigation, whether any response activities must be taken to address contamination caused by the unauthorized disposal of solid waste at the Site. The Respondent also agrees to manage the historically accumulated lime sludge at the Site it in— foruse-en-farmiand applied-at ~apprepriate-agronomic rates.or some-other beneficial reuse. _The-Respondent-agrees to of the-_historically accumulated lime sludge-atthe-Site asa vontditionetthisOrder~ 2 aeco1Mauce rth MIRE PA, Finally, if the Respondent proposes to reconstruct the system for the hotmbeotertedl / dewatering of WTP residuals at the Site, then the Respondent agrees to submit plans and specifications and secure from the DEQ, Office of Drinking Water and Municipal Assistance (‘ODWMA"), a public water supply construction permit issued under Section 4 of the Safe Drinking Water Act, 1976 PA 399, as amended (Act 399), MCL 325.1001 ef seq., and the administrative rules under Act 399 prior to initiating any construction, alteration, addition, or improvement to such system. In lieu of disposal, a dol dst residuals management plan for the historical disposal of lime sludge and other WTP residuals, as well as lime sludge and any other WTP residuals generated in the future, must also be included as part of the construction permit application. The Respondent plans to participate in the Karegnondi Water Authority (KWA) to receive source water from Lake Huron for its drinking water supply and the use of its WTP to meet treatment requirements under Act 399. It will be approximately four years before the. KWA infrastructure is built and water is available to the Respondent from KWA. The Respondent plans to use the Flint River as its {é 1 source water supply for its WTP until KWA water is fully availabley Public improvement projects under Act 399 are required to be God prety donne wae mt Mare, eter, an- a bei, CB Akapond la emergent ie xxxEND_PAGE:deq04_b577_6019_6376_119 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. !t should not be disclosed to any other person without the express consent of the Department of Environmental Quality. completed for Respondent to receive water from the KWA. The Respondent must undertake the KWA public improvement project or undertake other public improvement projects to es ° continue to use the Flint River, such as additional WTP public improvements, source water 1 protection public improvements, and public improvements to obtain a back-up water supply, in apa order to comply with Act 399. A ¢ |. DEFINTIONS 1.4 "Act 399” means the Safe Drinking Water Act, 1976 PA 399, as amended, Wa MCL 325.1001 ef seq. pon 1.2 “FAM” means the financial assurance mechanism acceptable to the DEQ to’pay for monitoring, operation and maintenance, oversight, and other costs Aalerfiinéby tne, DELS UE ngbefsarl to-chsuré{the effectiveness and integrity af the remedial action. The FAM is a component of the Remedial Action Plan. 4.3. “"NREPA’ means the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.101 et seq. 1.4 “Open Dump” means any area, place, or property where solid waste has been illegally disposed of or abandoned in place of other disposal. For the purposes of this Consent Order, the Open Dump includes any solid waste historically disposed of at the Site, <inelading; aut notlimited to} the WIP vesiduals\and-arylsolid wabtes idéntified ad being dispeséd of inthe abovélreferefibed LOWS 1.5 “Part 115” means Part 115, Solid Waste Management, of the NREPA, MCL 324.11501 et seq., and the Part 115 Administrative Rules. 1.6 “Part 115 Rules” means the administrative rules promulgated under Part 115. 4.7 “Part 201” means Part 201, Environmental Remediation, of the NREPA, MCL 324.20101 et seq., and the Part 201 Administrative Rules. <3 xxxEND_PAGE:deq04_b577_6019_6376_120 Privileged and Confidential Settiement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 1.8 1.10 The Respondent and the DEQ stipulate as follows: 2:4 22 2.3 2.4 a “Residuals Management Plan” means a DEQ-approved plan torerbdve both historical and future accumulations of lime sludge and other WTP residuals Egos Site, “Site” means the property located at 5200 Bray Road, Genesee Township, Genesee County, Michigan. The Site occupies approximately 76 acres of land adjacent to the Cornwell Drain on its northern boundary. The Cornwell Drain is a tributary to the Flint River. “Solid Waste” as used in this Consent Order means “solid waste” as defined in Part 115 of the NREPA, MCL 324.11506(1), including any solid waste that has been disposed of at the Site dnd there sfudgetlom wr loperatidas condlicted bi the Respondent. ll. STIPULATIONS es Pursuant to its authority under ra hing DEQ promulgated administrative rules necessary to implement Patt 1 15. These-rules-are-set forthinthe2005-Annuat— (AACS), R-299-4161-etseq-{'Part 115 Rules} — Pursuant to its authority under Act 399, the DEQ promulgated administrative rules necessary to implement Act 399. These rules set are set forth in the 2009 AACS, R 325.10101 et seq. (“Act 399 Rules”). tN Pursuant to the NREPA and Executive Order No. O 1-1, the Director of the DEQ (‘Director’) is the state official and the Bea e state agency charged with the administration and enforcement of Part 115 and Act 399. This Consent Order Is authorized under MCL 324.11519(2) and MCL 325.1022. The Respondent is a “person” as defined by MCL 324.301(g) and MCL 325.1002(m). -4- xxxEND_PAGE:deq04_b577_6019_6376_121 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. it is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 2.5 The Respondent owns and operates the Site. The Respondent is a municipality in the state of Michigan. 2.6 The Site consists of a WTP residuals area and contains various water level control structures and discharge points to the Cornwell Drain, and an area where solid waste has been disposed of in the Open Dump. Attachment 2 is an aerial schematic of the Site and shows the approximate boundaries of the WTP residuals area and the Open od pha 628, AD 2.7 The Respondent stipulates that the issuance and entry of this Consent Order is proper and acceptable. This Consent Order shall be considered a final order of the DEQ and shall become effective on the date it is signed by the Chief of the OWMRP -C@ffice- Ghief),-designee-of the Director-pursuantte- MGCL -324.301(b)-ef the NREPA—. Dump. Ca wi bl 2.8 The Respondent agrees to fully and strictly comply with all provisions of Part 115 and Act 399, the Part 115 Rules, the Act 399 Rules, and all other applicable state and He Caw Orken . federal statutes. 2.9 The Respondent and the DEQ agree that the signing of this Consent Order is for . seiieienlD lipase only as does not constitute an admission by ag Respondent f Blo < by the allegations contained in the above-referenced LOWs and Compliance of Communications or that the law has been violated. 2.10 The Respondent, all Respondent's successors and assigns, and the DEQ agree to and shall be bound by the requirements of this Consent Order. abe xxxEND_PAGE:deq04_b577_6019_6376_122 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations, It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel, {t should not be disclosed to any other person without the express consent of the Department of Environmental Quality. Ill COMPLIANCE PROGRAM . In order to resolve the violations alleged in the above-referenced LOWs and Compliance | Communications, the Respondent shall achieve and maintain compliance with the requirements 3.1 On and after the effective date of this Consent Order, the Respondent shall ensurg that | the Site is secure and that, pursuant to R 299.4128(1), illegal dumping does not occur at the Site. specified below in accordance with the following schedule: 3.2 wait after the effective date of this Consent Order, the Respondent shall plug or cap the outlet tower identified in Attachment 2 and take all necessary actions to terminate any surface water discharge to the Cornwell Drain. Respondent will not place the outlet tower back into service unless proper permits are acquired. ' puny (7e) . 3.3 writer after the effective date of this Consent Order, the Respondent shall submit to the ODWMA for review and approval, an administratively complete Act 399 construction permit application for the reconstruction of the portméchénical_7 dewatering system for WTP residuals at the Site, including provisions and a schedule for the construction of a physical barrier that will separate the area proposed for the reconstructed dewatering system from the area where the other solid waste is located on the Site. The permit application will clearly identify any areas that will not be used as part of the reconstructed ponémechaniGél dewatering system and identify any slurry inlet points located outside the system footprint so such inlet points can be permanently capped by the Respondent. The permit application will also include a basis of design for the management of WTP residuals within the system. 2) 3.4 ee ae after the effective date of this Consent Order, the Respondent shall submit to the OWMRP for review and approval, any portion of the dewatering system residuals management plan submitted to the ODWMA that is required to comply with Part 115. -6- xxxEND_PAGE:deq04_b577_6019_6376_123 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. {It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 3.5 3.6 Within two hundred and forty (240) days of the effective date of this Consent Order, the Respondent shall submit to the DEQ for review and approval, a report that summarizes the current conditions at the Site (“Site Conditions Summary Report") " or “SCSR"), The SCSR shall include, at a minimum, the following: (a) \dentification of the horizontal and vertical extent of solid waste at the Site; (b) Estimates, in cubic yards, of the volumes of un-impacted concrete, lime, and other solid waste at the Site; (c) Characterization of the solid wastes at the Site including data to support the characterizations; - 4 , ~ 4 (d) Identification, characterization, and delineation of Syy-environmentalimpacté at (e) Identification of the general geologic and hydrogeologic conditions at the Site; and a tho (f) Copies of any DEQ-approved inertnessdesignations and/or DEQ-approved “other beneficial reuse” authorizations obtained by Respondent. If the Site Conditions Summary Report fails to delineate the horizontal and vertical extent of solid waste, or fails to delineate any contamination identified at the Site, or fails to support conclusions identified in the report, bis asa roved for otter specified JBiICentieg, the Respondent shall develop and implement a remedial investigation. A complete and technically adequate work plan for a remedial investigation (“Remedial Investigation Work Plan”) shall be submitted to the DEQ within sixty (60) days of the DEQ’s notification that the Remedial Investigation Work Plan is necessary. Upon approval by the DEQ, the Respondent shall implement the Remedial Investigation Work Plan in accordance with the schedule contained therein. The Respondent shall submit, for review and approval by DEQ, final results and conclusions of the remedial cy a xxxEND_PAGE:deq04_b577_6019_6376_124 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. investigation in the form of a written report ("Remedial Investigation Report”) within thirty (30) days of completion of the remedial investigation. 3.7 4 If the DEQ-approved SCSR or Remedial Investigation Report identifies 97 ch hae cp ese gucrmmatinoste the Site and the only issue to address is theSolid waste ab Lae identified at the Site, the Respondent may elect to remove and properly dispose of the ele ; ” solid waste identified at the Site by completing the following requirements: (a) Within thirty (30) days of receipt of written approval of the SCSR or Remedial Investigation Report by the DEQ, the Respondent shall submit to the DEQ for review and approval, a Solid Waste Removal Plan “(SWRP)” for the Site. This plan will provide details regarding the proposed removal and legal disposal of the solid waste identified at the Site. In addition, the plan shall include a proposed schedule for the waste removal and disposal, ahd’b proposéd wast@ removalleontimmation sampling plan. (b) Within sixty (60) days of completion of the SWRP, the Respondent shall submit to the DEQ for review and approval, a Solid Waste Removal Report for the Site. This ye report will contain summaries of waste volumes, final disposition of wastes, copies of ao ° landfill receipts, copies of paperwork required by “other beneficial reuse” authorizations J ans-ifaste remolal confirmation sampling results. 3.8 If the Respondent idehtiffesfenvironmehtal thhpécts ahd/or elects to leave the solid waste any wt . ) —» in place at the Site, then the Respondent shall complete the requirements of Paragraphs es potl 3.9 through 3.12, as follows: 3.9 | The Respondent shall submit to the DEQ for review and approval, an Assessment of Corrective Measures (“ACM'’) that is in accordance with R 299.4443 of the Part 115 Rules within ninety (90) days of written approval by the DEQ of the RI Report. The ACM shall include an analysis of each potential remedy considered, identify the final remedial action proposed by the Respondent, and provide an explanation of how that proposed remedial action will meet applicable cleanup criteria of Part 201 and be in compliance with Part 115 and the Part 115 Rules. gis xxxEND_PAGE:deq04_b577_6019_6376_125 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It Is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. it should not be disclosed to any other person without the express consent of the Department of Environmental Quality. rosbad ASG Resp SAG, 3.10 The Respondent shall submit to the DEQ for review and approval, a complete and <*~* AM technically adequate Remedial Action Plan ("RAP”) for the Open Dunjp that is in , compliance with the requirements of R 299.4444 of the Part 115 Rulgs within one hundred twenty (120) days of receipt of written approval by the DEQ pf the ACM. The RAP shall include a detailed schedule for implementation and a FAM. The RAP shall be | consistent with the results of the remedial investigation and any other monitoring data collected, reports submitted, and/or investigations conducted prior to submittal of the RAP. The RAP, when implemented, shall comply with the applicable cleanup criteria of Part 201 and, upon approval of the plan by the DEQ, the Respondent shall implement the approved RAP in accordance with the schedule contained therein. aud. wT. Oe 3.11 If, in accordance with the approved ACM, the Respondent elects to cap and close in- place the solid waste identified at the Site, the Respondent shall, as part of the RAP, submit to the DEQ for review and approval, a Capping and Closure Plan and schedule for implementation (“CCP”) and a Post Closure Plan and schedule for implementation Ce he, ("PCP”) for the Site that are in compliance with the requirements of R roses, Fd , R 299.4447, respectively, of the Part 115 Rules and Part 115<Upon DEQ approval of the CCP and the PCP, the Respondent shall implement the plans in accordance with the schedules contained therein. !f the Respondent lacks the expertise and/or manpower to conduct the work in accordance with the DEQ-approved CCP, the PCP, and the Part 115 Rules, the Respondent shall contract the work to be performed by a,contractor | Sxp@iiepced inflandill-cdpstriktion, ae ial outed wo) procrbaly og ehiffeid) 3.12 If, in accordance with an’approved ACM, the Respondent elects to cap and close in- place the solid waste‘identified at the Site, the Respondent shall, as part of the RAP, submit to the DEQ for review and approval, a Hydrogeologic Monitoring Plan and monitoring schedule (“HMP") for the Site that complies with R 299.4904, R 299.4905, R 299.4906, R 299.4907, and R 299.4908 of the Part 115 Rules. Upon approval by the DEQ, the Respondent shall implement the HMP in accordanc¢ with the schedule contained therein. In-addition- provide appropriate podied -9- xxxEND_PAGE:deq04_b577_6019_6376_126 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. {t is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. tt should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 44 4.2 4.3 44 4.5 lV. DEQ APPROVAL OF SUBMITTALS For any work plan, proposal, or other document, excluding applications for permits or licenses, that are required by this Consent Order to be submitted to the DEQ by the Respondent, the following process and terms of approval shall apply. To be approved by the DEQ, any work plan, proposal, or other document required to be submitted by this Consent Order shall include all of the information required by the applicable statute and/or rule and ail of the information required by the applicable paragraph(s) of this Consent Order. Upon DEQ approval, or approval with modifications, of a work plan, proposal, or other document, such work plan, proposal, or other document shall be incorporated by reference into this Consent Order and shall be enforceable in accordance with the provisions of this Consent Order. In the event the DEQ disapproves a work plan, proposal, or other document, it shall notify the Respondent, in nee cific reasons for such disapproval. The Respondent shall submit, within thirty(80) days of receipt of such disapproval, a revised work plan, proposal, or other document that adequately addresses the reasons for the DEQ's disapproval. DRE PH, In the event the DEQ approves with specific modifications, a work plan, proposal, or other document, it shall notify the Respondent, in writing, of the specific modifications tequired to be made to such work plan, proposal, or other document prior to its implementation and the specific reasons for such modifications, DEQ may require the Respondent to submit, prior to implementation and ete of receipt of such approval with specific modifications, a revised work plan, proposal, or other document that adequately addresses such modifications Ke pepursd De NRE PAR -10- xxxEND_PAGE:deq04_b577_6019_6376_127 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settiement negotiations. principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 4.6 4.7 4.8 4.9 5.1 5.2 A finding of approval or approval with modification of a submission shall not be construed to mean that the DEQ concurs with any of the conclusions, methods, or statements in the submission or warrants that the submission comports with law. Failure by the Respondent to submit an approvable work plan, proposal, or other document within the applicable time period specified above shall subject the Respondent to the enforcement provisions of this Consent Order including, but not limited to, the stipulated penalty provisions commencing on the date the revised work plan, proposal, or other document was due and accumulating until an approvable work plan, proposal, or other document is submitted. Any delays caused by the Respondent’s failure to submit an approvable work plan, proposal, or other document when due shall in no way affect or alter the Respondent's responsibility to comply with any other deadline(s) specified in this Consent Order. No informal advice, guidance, suggestions, or comments by staff of the DEQ regarding reports, work plans, proposals, plans, specifications, schedules, or any other writing submitted by the Respondent will be construed as relieving the Respondent of its obligation to obtain written approval of the DEQ if and when required by this Consent Order. V. MODIFICATIONS AND EXTENSIONS At the request of the Respondent, a work plan, proposal, or other document approved or approved with specific modifications by the DEQ, with the exclusion of the specified deadlines set forth in Section Ill, Compliance Program, of this Consent Order, may be modified by the OWMRP Lansing District Supervisor. Any modifications or extensions In regard to the Act 399 construction permit must be approved by the ODWMA Lansing District Supervisor The Respondent and the DEQ agree that the Office Chief may, but in no circumstances is obligated to, grant the Respondent an extension of the specified deadlines set forth in -11- It is provided solely for the consideration and use of the intended recipient(s), their xxxEND_PAGE:deq04_b577_6019_6376_128 Privileged and Confidential Settlement Communication This document Is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 5.3 5.4 6.1 this Consent Order. Any extension shall be preceded by a timely written request, received by the DEQ no later than ten (10) business days prior to the pertinent deadline, which shall include: (a) An identification of the specific deadline(s) of this Consent Order that will not be met. (b) A detailed description of what will prevent the Respondent from meeting the deadline(s), (c) Adescription of the measures the Respondent has taken and/or intends to take to meet the required deadline(s). (d) The length of the extension requested and the specific date(s) on which the obligation(s) will be met. The Office Chief shall respond promptly to such requests and shall not unreasonably withhold approval for such requests. Any extension of the specified deadlines or other modifications and amendments of this Consent Order shall require a formal written amendment of this Consent Order, shall be signed by the Respondent and the DEQ (“Parties”), shall have as their effective date the date on which they are signed by the Office Chief, and shall be incorporated into and become an enforceable part of this Consent Order. VI. REPORTING With the exception of the Act 399 construction permit application required by Paragraph 3.3 of this Consent Order, the Respondent shall submit all items required in Section Ill, Compliance Program, to the Lansing District Supervisor, OWMRP, DEQ, P.O. Box 30242, Lansing, Michigan 48909-7742, unless specifically directed otherwise within this Consent Order. The Respondent shall submit the Act 399 construction permit -42- xxxEND_PAGE:deq04_b577_6019_6376_129 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their tegal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 6.2 7.4 application required by Paragraph 3.3 of this Consent Order and any documents that pertain to, or are required by, the Act 339 application or permit, to the Lansing District Supervisor, ODWMA, DEQ, P.O. Box 30242, Lansing, Michigan 48909-7742. The cover letter with each submittal shall identify the specific paragraph and requirement of this Consent Order that the submittal is intended to satisfy. If the address of a District Supervisor changes, the Respondent will be notified and shall make all subsequent submittals to any new address of which they are notified. ae Beg Pot The Respondent shall verbally report any violation(s) of the terms and conditions of this Consent Order to the OWMRP District Supervisor wy later than the close of the next business day following detection of such violation(s) and shall follow such notification with a written report within five (5) business days following detection of such violation(s). The written report shall include a detailed description of the violation(s), the precise cause or causes of the violation(s), a detailed description of any action(s) taken or proposed to correct the violation(s), and a schedule for the implementation of any proposed corrective action(s), The Respondent shall report any anticipated violation(s) of this Consent Order to the OWMRP District Supervisor in advance of the relevant deadlines, whenever possible. Vil. RETENTION OF RECORDS Upon request by an authorized representative of the DEQ, the Respondent shall make available to the DEQ all records, plans, logs, and other documents required to be maintained under this Consent Order, or pursuant to Part 115, the Part 115 Rules, Act 399, or the Act 399 Rules. Within 30 days of the effective date of this Consent Order, Respondent shall designate, in writing in accordance with Section VI of this Consent Order, a location for retention of all such documents that is accessible to DEQ staff within normal business hours. All such documents shall be retained at the designated location for at least a period of three (3) years from the date of generation of the record unless a longer period of record retention is required by Part 115, the Part 115 Rules, Act 399, or the Act 399 Rules. If the designated location changes, the Ag xxxEND_PAGE:deq04_b577_6019_6376_130 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. Respondent shall provide written notice of such to the DEQ in writing in accordance with Section VI of this Consent Order. Vill. RIGHT OF ENTRY 8.2 | The Respondent shall allow any authorized representative or contractor of the DEQ, upon presentation of proper credentials, to enter upon the premises of the Site at all reasonable times for the purpose of monitoring compliance with the provisions of this Consent Order. This paragraph in no way limits the authority of the DEQ to conduct tests and inspections pursuant to the NREPA and its rules or any other applicable statutory provision. IX. FINES, COSTS, AND PENALTIES , the naps nin settlement ofthe > Q's in the wes LOWs 9.2 For each failure to comply with the provisions of Section Ill, Compliance Program, of this Consent Oger, tha, Respondent shall pay to the State of Michigan stipulated penalties in an amount of $260 per violation per day for one (1) through seven (7) days of Violation 4) $500.per violation per day for eight (8) through fourteen (14) days of violation; and $750 per violation per day for each day of violation thereafter. Stipulated penalties shall be paid within thirty (30) days after receiving a written demand made by the DEQ. 9.3. To ensure timely payment of ant pp bolsenanes, and costs due under this Consent Order, the Respondent shall pay an interest penalty to the State of Michigan each time the Respondent fails to make a complete or timely payment. This interest penalty shall be based on the rate set forth at Section 6013(6) of the Revised Judicature Act, 1961 PA 236, as amended, MCL 600.6013(6), using the full increment of amount due as principal, and calculated from the due date for the payment until the delinquent payment ~14- xxxEND_PAGE:deq04_b577_6019_6376_131 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. it should not be disclosed to any other person without the express consent of the Department of Environmental Quality. is finally made in full. 9.4 The Respondent shall make all payments due under this Consent Order by certified or | cashier's check made payable to the “State of Michigan” and mailed to the DEQ, Revenue Control Unit, P.O. Box 30657, Lansing, Michigan 48909-8157, or hand delivered to the DEQ, Revenue Control Unit, 1" Floor, Van Wagoner Building, 425 West Ottawa Street, Lansing, Michigan 48933. To ensure proper credit, all payments made pursuant to this Consent Order must include Payment Identification Number OWMRP. on the front of the check and/or in the cover letter with the payment. 9.5 a ee surveillance this-section: The Respondent titipet agrees not to contest the legality of any stipulated penalties or interest penalties assessed pursuant to this section but reserves the right to dispute the factual basis upon which a demand by the DEQ for stipulated penalties or interest penalties is made. 9.6 Liability for or payment of stipulated penalties pursuant to this Consent Order shall not preclude the State of Michigan from seeking injunctive relief or other relief for the Respondent's failure to comply with the requirements of this Consent Order and/or any permit(s) or license(s) required to comply with this Consent Order. X. DISPUTE RESOLUTION 10.1 Unless otherwise provided in this Consent Order, the dispute resolution procedures of this section shall be the exclusive mechanism to resolve disputes arising under, or with respect to, this Consent Order and shall apply to all provisions of this Consent Order. However, the procedures set forth in this section shall not apply to actions by the State of Michigan to enforce obligations of the Respondent that have not been disputed in accordance with this section. Engagement of a dispute resolution between the Parties shall not be cause for the Respondent to delay the performance of any compliance requirements or response activity. Any dispute that arises under this Consent Order shall -15- xxxEND_PAGE:deq04_b577_6019_6376_132 This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settiement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. {It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 10.3 Privileged and Confidential Settlement Communication in the first instance be the subject of informal negotiations between the Parties. The period of negotiations shall not exceed twenty (20) days from the date of written notice by any Party that a dispute has arisen, unless the time period for negotiations is modified by written agreement between the Parties. The dispute shall be considered to have arisen when one Party sends the other Party a written notice of dispute. If agreement cannot be : reached on any issue within this twenty- (20-) day period, the DEQ shall provide a written statement of its decision to the Respondent and, in the absence of initiation of formal dispute resolution by the Respondent under Paragraph 10.2, the DEQ position, as outlined in its written statement of decision, shall be binding on the Parties. [If the Respondent and DEQ cannot informally resolve a dispute under Paragraph 10.1, the Respondent may initiate formal dispute resolution by requesting a review of the disputed issues by the Office Chief. This written request must be filed with the Office Chief within fifteen (15) days of the Respondent's receipt of the DEQ’s statement of decision that is issued at the conclusion of the informal dispute resolution procedure set forth in Paragraph 10,1. The Respondent's request shall state the issues in dispute; the relevant facts upon which the dispute is based; any factual data, analysis, or opinion supporting its position; and all supporting documentation upon which the Respondent bases its position. Within fourteen (14) days of the Office Chief's receipt of the Respondent's request for a review of disputed issues, the Office Chief will provide a written statement of decision to the Respondent, which will include a statement of his/her understanding of the issues in dispute; the relevant facts upon which the dispute is based; any factual data, analysis, or opinion supporting her/his position; and all supporting documentation relied upon by the Office Chief's review of the disputed issues. The Office Chief's review of the disputed issues may be extended by written agreement of the Parties, The written statement of the Office Chief issued under Paragraph 10.2 shall be binding on the Parties unless, within fifteen (15) days after receipt of the DEQ’s written statement of decision, the Respondent files a petition for judicial review in a court of competent jurisdiction that shall set forth a description of the matter in dispute, the efforts made by the Parties to resolve it, the relief requested, and the schedule, if any, within which the -16- xxxEND_PAGE:deq04_b577_6019_6376_133 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their egal counsel. {1 should not be disclosed to any other person without the express consent of the Department of Environmentat Quality. dispute must be resolved to ensure orderly implementation of this Consent Order. Nothing Mode nok ects the lipnitations of the timing {of sone vi wat DEQ decision tegardin the, election, extent\or adequacy of any kesponse &ctivitys : 10.4 An administrative record of the dispute shall be maintained by the DEQ. The administrative record shall include all of the information provided by the Respondent pursuant to Paragraph 10,1, as well as any other documents relied upon by the DEQ in making its final decision pursuant to Paragraph 10.2. Where appropriate, the DEQ shall allow submission of supplemental statements of position by the Parties to the dispute. judicial, gyubers0.2 ful Oy fospondtnd, 10.5 In froceeding on any dispute“the Respondent shall have the burden of demonstrating éby pheladhrinitrative teoded that the position of the DEQ is arbitrary and capricious or otherwise not in accordance with law. Inroceedings on any dispute initiated by the Respondent, the Respondent shall bear the burden of persuasion on factual issues. 10.6 Notwithstanding the invocation of dispute resolution proceedings, stipulated penalties shall accrue from the first day of any failure or refusal to comply with any term or condition of this Consent Order, but payment shall be stayed pending resolution of the dispute. Stipulated penalties shall be paid within thirty (30) days after the resolution of the dispute. The Respondent shall pay that portion of a demand for payment of stipulated penalties that is not subject to dispute resolution procedures in accordance with and in the manner provided in Section IX, Fines, Costs, and Penalties, of this Consent Order. Xi. FORCE MAJEURE 11.1. The Respondent shall perform the requirements of this Consent Order within the time limits established herein unless performance is prevented or delayed by events that constitute a "Force Majeure.” Any delay in the performance attributable to a "Force Majeure" shall not be deemed a violation of the Respondent’s obligations under this Consent Order in accordance with this section. -17- xxxEND_PAGE:deq04_b577_6019_6376_134 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. {t is provided solely for the consideration and use of the intended recipients), their principals, and their legal counsel. it should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 11.2 For the purpose of this Consent Order, “Force Majeure” means an occurrence or nonoccurrence arising from causes not foreseeable, beyond the control of, and without the fault of the Respondent, such as: an Act of God, untimely review of permit applications or submissions by the DEQ or other applicable authority, and acts or omissions of third parties that could not have been avoided or overcome by the Respondent's diligence and that delay the performance of an obligation under this Consent Order. “Force Majeure” does not include, among other things, unanticipated or increased costs, or failure to obtain a permit or leone as a result of the Respondent's actions or omissions. “Porte WagZeeud a CO A Ae (0 th ce aacagen ; ; 11.3. The Respondent shall notify the DEQ, by teléphone, within forty-eight (48) hours of discovering any event that causes a delay in its compliance with any provision of this Consent Order. Verbal notice shall be followed by written notice within ten (10) calendar days and shall describe, in detail, the anticipated length of delay, the precise cause or causes of delay, the measures taken by the Respondent to prevent or minimize the delay, and the timetable by which those measures shall be implemented. The Respondent shail adopt all reasonable measures to avoid or minimize any such delay. 11.4 Failure of the Respondent to comply with the notice requirements of Paragraph 11.3, above, shall render this section void and of no force and effect as to the particular incident involved. The DEQ may, at its sole discretion and in appropriate circumstances, waive the notice requirements of Paragraph 11.3. a, 11.5 Ifthe Parties to this Consent Order agree that the delay or anticipated delay was beyond the-ee! ‘ol-ef the-Respondent this may be so stipulated and the parties to this Consent Order may agree upon an appropriate modification of this Consent Order. If the Parties to this Consent Order are unable to reach such agreement, the dispute shall be resolved in accordance with Section X, Dispute Resolution,. The burden of proving that any delay aw Foce esther . was spondent, and that all the requirements of this section have been met by the Respondent, is on the Respondent. 11.6 An extension of any given compliance date based upon a particular incident does not -18- xxxEND_PAGE:deq04_b577_6019_6376_135 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. {t is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental! Quality. 12.1 12.4 necessarily mean that the Respondent qualifies for an extension of a subsequent compliance date without providing proof regarding each incremental step or other requirement for which an extension is sought. Xll. GENERAL PROVISIONS With respect to any violations not specifically addressed and resolved by this Consent Order, the DEQ reserves the right to pursue any other remedies to which it is entitled for any failure on the part of the Respondent to comply with the requirements of any state or federal law, including the NREPA and its rules. Execution of the schedule contained in this Consent Order shall not be construed to waive, estop, or otherwise diminish the DEQ’s right to seek or impose civil liability upon, and seek appropriate relief from, the Respondent for degradation of waters of the State and the designated uses thereof arising out of the failure of the Respondent to aekieve-a re epley ced this Consent Order. This Consent Order does not constitute a warranty or representation of any kind by the DEQ that the response activities performed in accordance with this Consent Order or DEQ-approved work plans will result in the achievement of the remedial criteria established by law, or that the response activities will ensure protection of public health, safety, or the environment. This Consent Order in no way affects the Respondent's responsibility to comply with any other applicable state, federal, or local laws or regulations applicable-to-th He pursuantto te NREPA anditstules, oe ALLE a - Canton Order, Nothing in this Consent Order is or shall be considered to affect any liability the Respondent may have for natural resources damages caused by the Respondent's ownership and/or operation of the Site. The State of Michigan does not waive any rights to bring an appropriate action to recover such damages to the natural resources. -49- xxxEND_PAGE:deq04_b577_6019_6376_136 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. 12.6 12.8 13.1 The Parties agree that the terms and conditions of this Consent Order will be enforceable Weirouit court. The Parties further agree that the appropriate venue for the enforcement of this Consent Order shall be the Circuit Court for Genesee County or the Circuit Court for Ingham County, State of Michigan, which courts shall also be appropriate for dispute resolution. If any provision or authority of this Consent Order or the application of this Consent Order to any Party or circumstances is held by any judicial or administrative authority to be invalid, the application of such provisions to other Parties or circumstances and the remainder of the Consent Order shall remain in force and shall not be affected thereby. The provisions of this Consent Order shall be binding on the Respondent, the DEQ, and their successors and assigns. The Respondent shall give notice of this Consent Order to any prospective successor in interest prior to transfer of ownership of the Site property or any portion thereof and shall notify the DEQ of such proposed sale or transfer. XIll. TERMINATION This Consent Order shall remain in full force and effect until expressly terminated by a written Notice of Termination issued by the Office Chief. The Respondent may request that the Office Chief issue a written Notice of Termination at any time after achieving full compliance with this Consent Order. Such a request shall consist of a written certification that the Respondent has fully complied with all of the requirements of this Consent Order and has made payment of any Ag, penalties, and costs required under this Consent Order. Specifically, this certification shall include: -20- xxxEND_PAGE:deq04_b577_6019_6376_137 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel. It should not be disclosed to any other person without the express consent of the ' Department of Environmental Quality. | (a) The date of compliance with each provision of the compliance program in Section Il of this Consent Order and the date any bres, penalties,or costs were paid; (b) a statement that all required information has been reported to the District | Supervisor; ' (c) confirmation that all records required to be maintained pursuant to this Consent Order are being maintained by the City at the location designated pursuant to Cra mel, Paragraph 7.1 pf this Consent Order; and fg oo Biipareining Se BABE aban vote EO (d) additional relevant information’tequested by the Office Chief. 13.2 The Office Chief shall issue a written Notice of Termination unless ie/DHQ dbterdings, Liat the Respondent has not submitted the certification required under this section, has failed to er ae specifically requested by the Office Chief, or has failed to comply with, or complete, all of the requirements of this Consent Order. ~-24- xxxEND_PAGE:deq04_b577_6019_6376_138 Privileged and Confidential Settlement Communication This document is for the purpose of settlement and is subject to the privilege that applies to communications made in settlement negotiations. It is provided solely for the consideration and use of the intended recipient(s), their principals, and their legal counsel, It should not be disclosed to any other person without the express consent of the Department of Environmental Quality. XIV. SIGNATORIES The undersigned CERTIFY they are fully authorized by the party they represent to enter into this Consent Order to comply by consent and to EXECUTE and LEGALLY BIND that party to it. CITY OF FLINT DEPARTMENT OF ENVIRONMENTAL i QUALITY t : Dan Wyant | By: Director Title: By: , Bryce Feighner, Chief Date: Office of Waste Management and Radiological Protection Date: APPROVED AS TO FORM: Bill Schuette Attorney General [NAME] (P ) Assistant Attorney General Environment, Natural Resources, and Agriculture Division Department of Attorney General Constitution Hall, 5" Floor, South Tower 525 West Allegan Street Lansing, Michigan 48933 Date: -22- xxxEND_PAGE:deq04_b577_6019_6376_139 Rennaker, Joanne (DEQ)

Flint ACO DW Statement of Purpose revision

Revised language for the last paragraph of the statement of purpose is shown below. Finally, if the Respondent proposes to reconstruct the system for the non-mechanical dewatering of its WTP residuals at the Site, then the Respondent will submit plans and specifications and secure from the DEQ, Office of Drinking Water and Municipal Assistance (“ODWMP’), a public water supply construction permit issued under Section 4 of the Safe Drinking Water Act, 1976 PA 399, as amended (Act 399), MCL 325.1001 et seq., and the administrative rules under Act 399 prior to initiating any construction, alteration, addition, or improvement to such system. A residuals management plan for the historical disposal of lime sludge and other WTP residuals, as well as lime sludge and any other WTP residuals generated in the future, must also be included as part of the construction permit application. The Respondent’s proposal is based on its participation in the Karegnondi Water Authority (KWA) to receive source water from Lake Huron for its drinking water supply and the use of its water treatment plant to meet treatment requirements under Act 399. It will be approximately Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314 xxxEND_PAGE:deq16_b4_0688_0891_094

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