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City of Flint - Meeting with DEQ, Treasury and City of Flint

Update: Based on the call with State Treasurer Andy Dillon this afternoon, the meeting scheduled for Thursday, March 28, 4:00 will now include Andy Dillon and his staff. Treasury will invite the City of Flint and others o this meeting. DEQ Executive Division:: Director Dan Wyant and Deputy Director Jim Sygo. DEQ DW Staff: Stephen Bush, Richard Benzie, and Mike Prysby — please attend. DEQ WRD Staff: Bill Creal and Phil Argiroff (optional) Amy of Treasury: I added your staff to the meeting notice. Please forward on if I have missed someone. Please let me know who from the City of Flint or other external guests will be attending. Ihave changed the conference room to our Great Lakes Conference Room, 6th Floor, South Tower, Constitution Hall, 525 W. Allegan Street, Lansing. Thank you. Mary Beth Thelen 517-241-7390 xxxEND_PAGE:deq01_b029_1839_1839_1

FW: Phosphate Feed System

Date: Wednesday, December 09, 2015 2:47:17 PM FYI. Flint’s additional corrosion control inhibitor feed is now up and running. As a reminder this is on top of the corrosion inhibitor already present in the water purchased from DWSD. Stephen Busch, P.E. MDEQ Lansing District Coordinator Office of Drinking Water and Municipal Assistance Lansing and Jackson District Supervisor 517-643-2314 [email protected]

FW: Phosphate Feed System

FY). Flint's additional carrasion control inhibitor feed is now up and running. As a reminder this is on top of the corrosion inhibitor already present in the water purchased fram DWSD. Stephen Busch, PLE. MBEQ Lansing District Coordinator Office of Drinking Water and Municipal Assistance Lansing and Jackson District Supervisor 527-643-2314 Sent: Wednesday, December 09, 2015 2:37 PM

Internal After Action Review

When: Monday, November 09, 2015 9:30 AM-10:15 AM (UTC-05:00) Eastern Time (US & Canada). Where: CH-6S-DEQ-DIRECTOR George needs to travel to Flint now on Monday so | am switching the meeting to 9:30- 10:15. Please adjust as needed. Thank you. This meeting may also be needed this week: Internal After Action Meeting Participants: Director Sygo George Liane Steve B. Brad Karen (invited depending on schedules) Maggie (invited depending on schedules) xxxEND_PAGE:deq04_b464_4791_4792_1 Madhu (invited depending on schedules) Monday, November 9, 1:00-2:00. We will be scheduling these a 2-3 times per week and/or as needed. Thank you. Mary Beth xxxEND_PAGE:deq04_b464_4791_4792_2

FW: Response from EPA on using SRF for Private Line Replacement

10-6-2015 Response - Kildee.pdf 100615 SRF for Private Line Replacement (Hedman).pdf Follow up communication between Kildee and EPA on replacement of lead service lines and the use of SRF dollars. Nothing that hasn’t already been clarified to us by Susan and others at EPA, but sending so you have this in your files. Maggie

RE: Confirmation experiments.

My view an this is that it does not provide any scientific information relative to the individual residents. fH annpears to be a qualitative process te ceSrnonsirate the water is carrasive. We now know that. WE should ha more concerned with indivicuai follow ups rather than demanstrations. 1 xxxEND_PAGE:deq14_b0696_2159_2160_1

10:30 EST - Call with Susan Hedman, Tom Burke, Dan Wyant and DEQ Staff

When: Thursday, October 1, 2015 10:30 AM-11:30 AM. Where: CH-6S-DEQ-DIRECTOR Update: This call has been confirmed for 10:30. MBT will provide the call in number to the Director. Please come to the Director’s Conference Room. | heard from Tom Burke's office — it will either be 10:30 OR between 12:00-1:00 EST. They will call me back as soon as they know. Thanks. A conference call will occur sometime this morning with Susan Hedman, EPA folks, etc. We don't have a time yet. Director will need Steve Busch, Jim Sygo and George Kristian for sure. Maggie and Brad invited. Thank you. MBT P.S. Stay tuned. xxxEND_PAGE:deq03_b317_1804_1804_1

FW: Flint Main Break and Valve replacement

Utility Repairs Dort Hwy Oct 18 2014.pdf FYI. The City of Flint is doing some major repair work this weekend as indicated in the attached information. Customers in the affected area are being notified by the City that they may temporarily lose service and that when service is restored should boil their water until the City can verify that the line was properly disinfected through bacteria monitoring results. This protocol follows normal construction repair standards. To be clear this advisory is not based on any confirmed contamination, but a standard precautionary measure as part of normal construction and repair work. Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314

. : _ ODWMA Response - Flint KWA-DWSD Report

- of Tucker and Report. pdf ; “a Importance: oe ~ High Director Wyant, and Deputy Director Sygo, wy F Addendums to ODWMA comments A: reorder yesterday cepardiag the City of Flint water system and comments on the reports from Tucker, Young, Jackson, Tull, Inc. ONT can be found below in red.: Additional comments are as follows: With regards to culatony authority for DEQ to allow or PareREn the breakup of water utilities, and State vs. ‘local ; decisions about cost effectiveness, it is important to note that when the DEQ permitted the water withdrawal for KWA . (permit 2009-001) part of the decision making process (copy attached), included reasonable use and the balance of - Economic Development, Social Development, arid Environmental Protection. As part of.the public participation process general comments were received (pages 6 & 7) regarding impacts on DWSD and rates to remaining customers. The DEpartneits response to those comments stated: ! ° “The DEQ is specifically precluded from using part 327 to “...diminish or create any anisiing authority of municipalities to require paRons to connect to municipal water supply systems as authorized by law” (MCL 324. SE7z6): , ; ; “It is appropriately an issue for water service contract negotiations between the regional water system and its quetomers. To do aihenwiae invites unwanted Intervention of the state into local decision making.” ODWMA cannot on its own assess an actual dollar value to any regional benefit for the City of of Flint ‘to remain a full customer.of DWSD, but the following should be included in any. additional analysis: - The cost estimates provided in the TYJT report show a cost CITTSKENIEE. between full KWA and full Dw participation of $172 million over 30 years. a - The formation of KWA would itself be considered one of tlie largest ee drinking water authorities i in the ’ State in terms of capacity, and as such any regional benefits provided by DWSD nay only be marginal i in comparison. Finally, we have additional questions for TYJT regarding the various DWSD supply options and the’tonsiderations they. . made in the operations of the Flint WTP. These SONSIRENADGNS will have an impact on the cost estimates for DWSD options. We look forward to further discussion of these comments during our meetings tomorrow, and ‘lease lét us know the , have any addRiana| questions for us between now and then. f° ‘Lansing and Jackson District Supervisor Office of Drinking Water and a Municipal Assistance’. : ; woe ht . : MDEQ . pS so =i a xxxEND_PAGE:deq28_b181_0940_0943_1 Vv > ? 517-643-2314 - ; ot

ODWMA niece - Flint KWA-DWSD Report \2 “ah soe

6, \ Importance: High Director Wyant, and Deputy Director Sygo, _*e _ Addendums to ODOWMA comments provided yesterday regarding the City of Flint water system and comments on the reports from Tucker, Young, Jackson, Tull, Inc. (TY!T) can be found below in red. Additional comments are as follows: With regards to regulatory authority for DEQ to allow or prevent the breakup of water utilities, and State vs. local decisions about cost effectiveness, it is important to note that when the DEQ permitted the water withdrawal for KWA (permit 2009-001} part of the decision making process {copy attached) included reasonable use and the balance of Economic Development, Social Development, and Environmental Protection. As part of the public participation process general comments were received (pages 6 & 7) regarding impacts on DWSD and rates to remaining customers. The Department's response to those comments stated: “The DEQ is specifically precluded from using part 327 to *...diminish or create any existing authority of municipalities to require persons to connect to municipal water supply systems as authorized by Jaw" (MCL 324.32726)." xxxEND_PAGE:treasury01_b39_6977_7316_064 And “It is appropriately an issue for water service contract negotiations between the regional water system and its custemers. To do otherwise invites unwanted intervention of the state into local decision making.” ODWMA cannot on its own assess an actual dollar value to any regional benefit for the City of Flint to remain a full customer of DWSD, but the following should be Included in any additional analysis: - The cast estimates provided in the TY!T report show a cost difference between full KWA and full DWSD participation of $172 million aver 30 years. - The formation of KWA would itself be considered one of the largest regional drinking water authorities in the State in terms of capacity, and as such any regional benefits provided by DWSD may only be marginal in comparison. Finally, we have additional questions for TYJT regarding the variaus OWSD supply options and the considerations they made in the operations of the Flint WTP. These considerations will have an impact on the cost estimates for DWSD options, We look forward to further discussion of these comments during our meetings tomorrow, and please let us know if you have any additional questions for us between now and then. Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314

RE: Flint Draft Response

Subjects RE: Pint Craft Response and the Suiterdiioe call with Andy Gillon earlier today. Stephen Busch, PE. Lansing and Jackson District Suparvivar Office of Drinking Water and Municipal Aasigtanos: MBEQ SAP-GAS- 2344 Sank “Tuesday, March 28, “2013 1337 BM Te: Wyant, Dan (DEQ) Thelen, Mary Beth (DEQ); Syae, Jim (8G) Cer Willard, Veronica (DEQ); Shekter Smith, liane (DEQ)

Flint Draft Response

Director Wyant, In preparation for our call today with Treasurer Dillon’s office, ODWMA has developed the following for consideration. We can provide any additional info you require during the meeting. xxxEND_PAGE:treasury01_b39_6977_7316_065 ODWMA has reviewed the materials developed by the consultant Tucker, Young, Jackson, Tull, Inc, (TYIT) for Treasury regarding the City of Flint and potential alternatives for public water supply. Based on our reviews, we have developed the following comments to this point In our analysis: 1. 7. The TYJT report does not contain the full scope of the Karegnondi Water Authority (KWA) raw water supply system. TYIT concerns over raw water supply redundancy and rellablility are addressed to the satisfaction of ODWMA under the full KWA proposal. Please note some portions of the overall project are being financed independently by the Genesee County Drain Commission. There are significant differences in contract language between KWA and Detroit Water and Sewerage Oepartment (DWSD) with respect to the contracted maximum day demand capacity. a. Under a KWA contract, a “maximum day” capacity of 18 million gallons per day (MGD) would fully satisfy current demands of the City of Flint, without the need to supplement raw water capacity using the Flint River. (18 MGD, average over a 30 day period). b. Under a DWSD model contract, a “maximum day” capacity, even at 18 MGD, would not satisfy the current demands for the City of Flint. (18 MGD, over any 24 hour period). Restrictions in contracted capacity that would prevent the City of Flint from meeting peak demand requirements present potential limits to economic development within the City of Flint, including possible connection bans and water system extension bans. This information was previously conveyed to the City of Flint by OOWMA staff. All contract options with DWSD that are considered semi-competitive with the KWA contract do not fully supply the City of Flint, and would require the City of Flint to meet a significant, if not majority, of Its water demands by treating water from the Flint River. Continuous use of the Flint River at such demand rates would: a. Pose an increased microbial risk to public health (Flint River vs. Lake Huron source water) b. Pose an increased risk of disinfection by-product (carcinogen) exposure to public health (Flint River vs. Lake Huron source water} c. Trigger additional regulatory requirements under the Michigan Safe Drinking Water Act (LT2ESWTR} d. Require significant enhancements to treatment at the Flint WTP, beyond those identified in the TYJT report (see Item 5 below). e. Water Resource Division is evaluating potential impacts to NPDES wastewater discharge permits In downstream segments of the Flint River, as a result of decreased river baseflow caused by Flint WTP use. The TYIT report does not adequately address increased requirements and costs associated with using the Flint River as a significant source for the Flint WTP, which are not necessary under a Lake Huron source water scenario. This includes: a. The need to provide softening treatment b. Limitations on disposal options for lime softening sludge c. Increased ozone capacity, UV disinfection d. Additional backup power, more power required for Flint River operation The Flint WTP must operate at some minimum level and within a range of flow rates to maintain treatment effectiveness. Currently that minimum level is 9 MGD. This level may be reduced with additional capital costs to modify the WTP, not addressed In the TYST report. Allowing Flint WTP to blend water with DWSD sets a new precedent that could pose future consequences with other DWSD customers. Costs impacts to remaining OWSD customers would be similar under the proposed scenarios, only retaining 8 MGD of 30+ MGD total Flint/Genesee Co. demands, based on the following: 3 xxxEND_PAGE:treasury01_b39_6977_7316_066 a. Genesee County distribution system demands are pulling out of DWSD regardless of the decisions by Flint WTP b. Flint’s need to utilize the Flint River as a source 9. ODWMA anticipates cost savings under the KWA proposal will be leveraged to provide additional improvements to the City of Filnt water distribution system, improving efficiency and providing additional cost benefits. The KWA water withdrawal permit (2009-001) includes the required implementation of conservation measures that would also drive these distribution system Impravements. 10. Major cost discrepancies in TYJT analysis a. Engineering, Legal, Administration, Contingency — TYJT appears to have effectively double charged for these costs in their KWA estimates without adequate Justification b. Pumping facilities - TVJT cost estimate methodology does not appear to address !ccalized market costs and does not distinguish fixed and variable costs in its comparison analysis. 11. Remaining OWSD customers in Lapeer County could potentially see water quality impacts as a result of Flint joining KWA, if they remain with DWSD. However, indications to ODWMA are that these communities are currently in final negotiations with KWA for service, which would make this a non-issue. a. City Lapeer b. City of Imlay City Additional response to the TYJT report has also been provided by Rowe Engineering to Flint EFM, Mr. Ed Kurtz. (Copy Attached} . ODWMA has continued to meet on a regular basis with KWA, Genesee County, and the City of Flint regarding these water supply proposals. ODWMA will continue to provide any additional detailed analysis requested by Treasury or the DEQ Executive Office. Stephen Busch, P.E. Lansing and Jackson District Supervisor Office of Drinking Water and Municipal Assistance MDEQ 517-643-2314 xxxEND_PAGE:treasury01_b39_6977_7316_067 Stanton, Terry A. (T reasury)