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FW: Privileged Attorney-Client Communication - Outline of Flint Drinking Water Issues

Wayne — | have attached the documents we pulled together for the Governor's Flint Water Task Force. There is a Q&A document as well as a timeline of events (we have documents associated with each of the events). If you have a timeline too, it would be good to see as well. Let me know if you have any questions. Thanks, Na hha Madhu R. Anderson Deputy Director, Economic & Strategic Initiatives @ 517 284 6702 | 517 290 9653 f=] [email protected] DEQ xxxEND_PAGE:treasury01_b33_5236_5444_150 FLINT DRINKING WATER EVENTS TIMELINE ATTORNEY CLIENT PRIVILEGE — DRAFT 11/6/2015 Date Event Attachment Pre-1967 Flint Water Treatment Plant in operation using Flint River for drinking water 1 Post-1967 Flint switched to DWSD for drinking water None Jan 2006 Discussions regarding Karegnondi Water Authority, Preliminary Long-Term Water Supply for Genesee County 2 June/Sept 2009 Lake Huron Water Supply Study Karegnondi Water Authority Executive Summary and Preliminary Engineering Report March 2013 Analysis of the Flint River as a Permanent Water Supply for the City of Flint; Prepared for: City of Flint dated July 2011 April 2013 April 2013 June 2013 Flint notifies DWSD of contract discontinuation and joins the Karegnondi Water Authori DWSD sets termination of Flint water service contract to April 17, 2014 Flint notifies DEQ of intent to operate Flint Water Treatment Plant full time using Flint River for drinking water April 2014 DEQ issues Flint WTP construction permits for full time operation enhancements W141025 and W141026 May 2014 Flint stops purchasing DWSD water. Starts using the City of Flint WTP and Flint River for drinking water 10 Aug 2014 Flint E.Coli Bacteria violation, Localized System Boil Water Advisory 11 Sept 2014 Disinfection Byproducts (TTHM), DEQ requests preemptive Operational Evaluation 12 Sept 2014 Flint Total Coliform Bacteria violation, Localized System Boil Water Advisory 13 Oct 2014 General Motors announces decision to stop using Flint River as source for production water 14 xxxEND_PAGE:treasury01_b33_5236_5444_151 FLINT DRINKING WATER EVENTS TIMELINE ATTORNEY CLIENT PRIVILEGE — DRAFT 11/6/2015 Date Event Attachment Dec 2014 Disinfection Byproducts quarterly violation 15 begins Dec 31, 2015 | 1* 6-month round of lead and copper 16 monitoring ends, 100 samples 90" percentile lead level, 6 parts per billion. Results due from Flint to DEQ on January —_ 10, 2015 Jan 21, 2015 | City of Flint Public Meeting regarding 17 disinfection byproducts and bacteria Feb 26, 2015 | E-mail from EPA to DEQ regarding elevated 18 lead sample Feb 27, 2015 | E-mail from EPA to DEQ inquiring about 19 Optimized Corrosion Control Treatment Feb 27, 2015 | DEQ response to EPA email with statement | 20 regarding optimized corrosion control | program March 5, 2"4 Disinfection Byproducts quarterly 21 2015 violation notice April 3, 2015 | LT2 Surface Water Treatment Rule Letter 22 April 6, 2015 | Flint proposes installation of Granular 23 Activated Carbon Filter media to reduce disinfection byproducts April 23, EPA e-mail to DEQ regarding corrosion 24 2015 control treatment April 24. and | DEQ responds to EPA regarding corrosion 25 May 1, 2015 | control treatment April 27, EPA provided bottles to 212 Browning for 26 2015 lead/copper analyses May 6, 2015 | Lead service line replaced at 212 Browning. 27 EPA on-site May 28, 2015 | Internal EPA e-mail regarding results at 212 29 Browning June 9, 2015 | 3 Disinfection Byproducts quarterly 30 violation notice June 10, Semi-Annual Conference call with EPA 31 2015 | June 30, E-mail from EPA scheduling conference call 32 2015 on July 21, 2015 regarding elevated lead result and concerns regarding corrosion control xxxEND_PAGE:treasury01_b33_5236_5444_152 FLINT DRINKING WATER EVENTS TIMELINE ATTORNEY CLIENT PRIVILEGE — DRAFT 11/6/2015 Date Event Attachment June 30, 2nd 6-month round of lead and copper None 2015 monitoring ends. Results due from Flint to DEQ on July10, 2015 July 9, 2015 | DEQ informed that EPA draft internal memo 33 is on ACLU website July 14, DEQ issues construction permit to Flint for 34 2015 Granular Activated Carbon filter media W151055 July 21, Conference call with EPA (LCR 35 2015 implementation and Flint) during which it informs DEQ its interpretation of LCR July 24, DEQ e-mail and draft letter 90° percentile 36 2015 lead determination = 11 parts per billion and City of Flint requirement to add corrosion control treatment July 28, DEQ received blood lead level information 37 2015 from DHHS indicating that results since the switch to the Flint River are consistent with ast years seasonal variations Aug 4, 2015 | Meeting with city representatives at 38 Governor's office Aug 17, 2015 | DEQ notifies Flint of lead/copper 39 monitoring results and requires City to install corrosion control treatment Aug 23, 2015 | DEQ notified by an external party that a 40 water quality study was about to begin in Flint Sept 2, 2015 | Disinfection Byproducts return to 43 compliance Sept 11, EPA e-mail confirming that DEQ was never 44 2015 sent the draft June 24, 2015 memo Sept 21, Meeting with Congressional 45 2015 representatives, legislators, EPA and DEQ to discuss issues with water quality in Flint Sept 22, Meeting/Conference call with DHHS, GCHD, 46 2015 and DEQ to discuss lead education/outreach Sept 24, Hurley Children’s Hospital data reveals 47 “| 2015 elevated blood lead levels in Flint children xxxEND_PAGE:treasury01_b33_5236_5444_153 FLINT DRINKING WATER EVENTS TIMELINE ATTORNEY CLIENT PRIVILEGE — DRAFT 11/6/2015 [ Date Event Attachment | Sept 24, DHHS response affirms State blood lead None 2015 level data is more comprehensive than Hurley Hospital data Sept 25, Flint issues Lead Advisory regarding 48 2015 drinking water Oct 1, 2015 | State Chief Medical Officer confirms Hurley None blood lead level data Oct 1,2015 | GCHD issues “Do Not Drink” Advisory 49 Oct 2, 2015 DEQ and DHHS press conference. 50 Governor's Flint Action Plan announced. Oct 2,2015 | GCHD school screening water samples 51 | collected for lead analysis Oct 8, 2015 | Governor Press Conference: Flint to 52 reconnect to Great Lakes Water Authority/Detroit Water and Sewerage Department Oct 15, 2015 | State Legislature authorizes a $9 million to None assist the City of Flint to pay for the return to the Detroit water system and to fund staff at schools to gauge lead exposure Oct 16, 2015 | First weekly coordination meeting held None between the City of Flint and state agencies Oct 16, 2015 | DEQ meets with Flint Schools None Superintendent and Genesee County Health Department Oct 16, 2015 | Flint switches back to DWSD for water 53 Oct 21, 2015 | Governor Snyder announces formation of None Flint Water Task Force to complete an After-Action Review Oct 28, 2015 | DEQ issues construction permit for 54 additional corrosion control treatment W151104 Oct 30, 2015 | DEQ letter to Flint regarding corrosion 55 control treatment operation | Mid-Late Planned connection to Karegnondi Water | None 2016 Authority (Lake Huron water to Flint WTP) xxxEND_PAGE:treasury01_b33_5236_5444_154 Privileged Attorney-Client Communication November 16, 2015 Clty of Flint Drinking Water Outline prepared by the Michigan Department of Environmental Quality for the Flint Water Task Force INTRODUCTION This document is intended to provide an overview of Michigan’s implementation of the Safe Drinking Water Act, 1976 PA 399, as amended (Act 399), with respect to events in the city of Flint (City), Michigan. BACKGROUND . How has Flint historically obtained its drinking water? The water system in the City was organized and built under private ownership in 1883 as the Flint Water Works Company to pump raw water from the Flint River to their consumers. In 1903, the system was converted to a municipally-owned corporation which supplied drinking water to the City. In 1967, the City became a customer of the Detroit Water and Sewerage Department (DWSD) system. After the switch to DWSD, the City operated its water treatment plant as a standby plant for purposes of reliability in the event of an emergency, such as an interruption in service of the single pipeline from DWSD. In the last ten years, the water treatment plant was used as an emergency backup during two weeks in 2009: June 18 through June 20 and September 10 through September 13. As a backup emergency water treatment plant, the City was required to operate the water treatment plant quarterly to demonstrate the capability to produce drinking water in accordance with Act 399 and to keep mechanical equipment (such as valves, rubber seals, etc.) in good working order. Each quarter, the water treatment plant was test run and samples were taken of both raw water and finished water (post-filters). Since the water treatment plant was upgraded in the early 2000s, monitoring showed that the water treatment plant was performing as designed. Contractual obligations with DWSD did not allow treated water to be put into the City's distribution system during these test runs. Treated water was discharged to the Flint River in accordance with a National Pollutant Discharge Elimination System (NPDES) Permit. The test runs were for demonstration purposes, to keep the water treatment plant operational. and staff familiar with operation in the event it was needed in an emergency. . What State and Federal laws or rules exist to ensure safe drinking water Is provided to City residents? The federal Safe Drinking Water Act (federal SDWA) is the primary law that ensures the quality of Americans’ drinking water. Under the federal SDWA, the United States Environmental Protection Agency (USEPA) sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards. xxxEND_PAGE:treasury01_b33_5236_5444_155 Privileged Attorney-Client Communication November 16, 2015 The federal SDWA was originally passed by Congress in 1974 to protect public health by regulating the nation's public drinking water supply. The law was amended in 1986 and 1996 and requires many actions to protect drinking water and its sources: rivers, lakes, reservoirs, springs, and ground water wells. (The federal SDWA does not regulate private wells which serve fewer than 25 individuals.) Originally, the federal SDWA focused primarily on treatment as the means of providing safe drinking water at the tap. The 1996 amendments greatly enhanced the existing law by recognizing source water protection, operator training, funding for water system improvements, and public information as important components of safe drinking water. This approach ensures the quality of drinking water by protecting it

FW: Privileged Attorney-Client Communication - Outline of Flint Drinking Water issues

Wayne —| have attached the documents we pulled together for the Governor's Flint Water Task Force. There is a Q&A document as well as a timeline of events (we have documents associated with each of the events). If you have a timeline too, it would be goad to see as well. Let me know if you have any questions. Thanks, xxxEND_PAGE:treasury01_b33_5236_5444_143 4425 (Rev 04-15) STATE OF MICHIGAN RICK SNYDER DEPARTMENT OF TREASURY NICK A. KHOURI GOVERNOR LANSING STATE TREASURER Flint Water Timeline (11-09-15) 1. June 26, 2012 — Letter from Flint EM Mike Brown to DWSD for permission to begin blending Flint River water with treated water from DWSD. The letter indicates that the DEQ is supporting this option and its implementation would save the City between $2M and $3M annually. 2. September 20, 2012 — Letter from Flint EM Ed Kurtz to DWSD requesting written permission to implement the blending option. Approval is requested by October 1, 2012. 3. October 31, 2012 — Analysis by the Flint Finance Director suggests that the annual cost to purchase water from DWSD will steadily increase to $23M per year by fiscal year 2020. 4. November 2012 — Treasury retains Tucker, Young, Jackson and Tull (TYJT) to evaluate the KWA proposal to the City of Flint. 5. November 6, 2012 — Letter from Flint Emergency Manager Ed Kurtz to State Treasurer Dillon that a proposal from DWSD is expected but that the initial assessment is that switching to KWA is in the best interest of the City of Flint. 6. February 6, 2013 — TYJT issues a final report to Treasury on the comparison between Karegnondi Water Authority (KWA) and DWSD. Analysis suggests that the KWA option is the cheaper option for the City of Flint. 7, March 2013 — DWSD contacts the City of Flint to begin direct negotiations on a contract extension. Multiple options are provided to the Flint Emergency Manager (EM) Ed Kurtz. 8. March 25, 2013 — The Flint City Council endorses joining KWA. 9. April 11, 2013 — State Treasurer Andy Dillon authorizes Flint EM Ed Kurtz, pursuant to Section 12(3) of P.A. 436 of 2012, to enter into a contract with KWA if a final offer from DWSD is either not received for rejected in good faith based upon specific objections, 10. April 15, 2013 — DWSD provides a best and final offer to the City of Flint. Analyses by Flint EM Ed Kurtz, the Department of Environmental Quality and Treasury’s Office of Fiscal Responsibility independently conclude that the KWA option is cheaper for the City of Flint. PO BOX 30728 s LANSING, MICHIGAN 48909-8228 www michigan govétreasury ¢ 517-373-3227 xxxEND_PAGE:treasury01_b33_5236_5444_144 Page 2 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. al. 22. 23. 24. 25, April 16, 2013 —Flint EM Ed Kurtz informs the State Treasurer that the City will join KWA. This decision was officially announced May 1, 2013. April 17, 2013 — DWSD transmits a letter to Flint EM Ed Kurtz terminating service to the City of Flint, effective April 17, 2014. June 26, 2013 — Groundbreaking for the Karegnondi Water Authority begins. Flint also requests full time use of the Flint Water Treatment Plant with Flint River water as a source. June 28, 2013 — Financing Contract between the City of Flint and KWA is approved. Effective August 1, 2013. This document was signed by EM Mike Brown. July 08, 2013 — The City retains Lockwood, Andrews & Newman engineering firm to get the City’s water plant up and running while the KWA pipeline is built. February 19, 2014 — The KWA Board of Directors adopts Resolution 2014-01, authorizing K WA to bond for water line construction on-behalf of the City of Flint. April 17,2014 — Water service from DWSD officially ends. The City of Flint also conducts two separate public forums regarding the use of Flint River water, upgrades to the City’s water system and the overall cost of the switch to KWA. April 25, 2014 — City conducts public event marking the transition to the use of Flint River water. DEQ information shows that transition complete by May 2015. January 2, 2015 — The City issues a press release stating the City water system exceeds the TTHM maximum contaminant level. March 3, 2015 — Flint EM Jerry Ambrose provides a memorandum to Deputy State Treasurer Wayne Workman stating that a reconnection to DWSD will cost the City $10.1M/year and that water purchases could be as high as $1M/month. March 12, 2015 — Veolia issues the final operational evaluation of the City’s water system. September 3, 2015 — MDEQ testing of the City’s water shows TTHM levels are below the required action level. September 25, 2015 — Genesee County Health Department and the City of Flint issues a lead advisory for residents to be aware of lead levels in drinking water after hearing concerns from the medical community. October 16, 2015 — The City of Flint reconnects to Detroit Water. November 4, 2015 — The EPA issues its final report on high lead levels at three residences in the City. xxxEND_PAGE:treasury01_b33_5236_5444_145 Stanton, Terry A. (Ti reasury)