Correspondence between

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

We have added the suggested provision to the end of paragraph 3.13 as Steve requested, Rich.

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

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

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

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

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