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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

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