Correspondence between

My Drinking water modifications were out into the wrong naragranh. it should have been at the very end of the statement of purpasa. Stenhen Busch, PLE. Lansing and Jackson District Supervisor Office of Drinking Vater and Municinel Assistance MDEG 547-€43-2344

All, attached is the latest version of the Consent Order for your review. When comments are received from you | will send the Order to Cheryl Bartley and Nicole for them to comment. After they comment | will send a draft to Mike Robinson, Rich. xxxEND_PAGE:deq16_b4_0688_0891_118

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.

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.

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.

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

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

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

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

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

OK. Let me take a crack at it. I'll get you the a new draft this afternoon.

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

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

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