Tag Archives: Wastewater

Molalla’s Newest Admission of Failure to Properly Manage Wastewater

Molalla’s lawyers, Ring Bender, recently send DEQ and Bear Creek Recovery’s legal team the follow letter – another admission that the wastewater plant failed to properly report and/or manage effluent. It is a sad admission that we will likely never know how much Molalla has really violated its permit over the years, thus endangering ground and Molalla River water.

Note how the city has just “discovered” all kinds of questionable practices and that they don’t know how long the questionable practices were going on.

Molalla Waste Water: Links to City of Molalla Documents

The  City of Molalla posts all wastewater management documents at the following site, including work to improve I&I, monthly reports, notices of violations and permits. Visit the site to discover what Molalla is doing to comply with the Clean Water Act:

http://www.cityofmolalla.com/publicworks/page/reports-and-documents

Announcement: Molalla Violates the Clean Water Act Consent Decree

In Sept. 2015, the City of Molalla signed a binding Consent Decree to settle the Bear Creek Recovery Clean Water Act lawsuit. The Consent Decree was signed by current City Manager Dan Huff and by then Mayor Deb Rogge, with the approval of the Molalla City Council, which included Current Molalla Mayor Jimmy Thompson.

The Consent Decree was expressly designed to require much needed improvements to Molalla’s failing wastewater facilities and to provide transparency via notification of violations to Bear Creek Recovery. BCR agreed to allow fines generated by violations of the Consent Decree to be used to build a  City of Molalla fund to be devoted to I&I (Inflow and Infiltration) and biosolids removal to help improve capacity and wastewater management functions.

Crag Law, on behalf of Bear Creek Recovery, just issued a Notice of Request of Resolution for Violation of Consent Decree that details over six million dollars in potential penalties for known violations of that Decree. The Notice outlines Molalla’s failure to even comply with “simple payment and reporting provisions” and that it has “repeatedly failed to complete required tasks in the timelines…”

The Notice Conclusion states: “It is clear from the nature of the City’s violations… that the City’s wastewater treatment facility is experiencing major capacity issues related to inflow and infiltration, lagoon storage capacity, and new sewer connections…the City has demonstrated an inability or unwillingness to comply with the terms and conditions …that it expressly agreed to in order to improve the operation and maintenance of the facility. If the parties are unable to resolve the issues…Bear Creek Recovery intends to pursue formal contempt proceedings… to seek further injunctive relief and civil penalties…Bear Creek Recovery believes a moratorium on further sewer connections within the City may be appropriate, as well as Court oversight of the City’s actions…”.

The people of Molalla deserve better management of their limited public money than to have managers who consistently fail to uphold legal agreements and who violate wastewater permits. Bear Creek Recovery strives to protect local watersheds and will do everything necessary to enforce permits and the Consent Decree.

Here is the Notice of Request of Resolution for Violation of Consent Decree filed on Feb. 1, 2018:

 

 

 

 

 

 

 

 

The Public Needs Transparency in MSTP Reports

With transparency, citizens can know how well their public employees are serving. Thus, if the Molalla Sewage Treatment Plant (MSTP) is well run, transparency lets us know, so we can be confident and appreciative of a job well done. But, if the Molalla Sewage Treatment Plant is poorly run, transparency empowers citizens to put pressure on elected officials to correct problems, and restore needed efficiencies. Unfortunately, when it comes to sewage services, the leadership of Molalla has a history of impeding transparency.

As a case in point, consider how poorly MSTP handled transparency eight years ago, when they signed a Consent Decree. MSTP was required to post weekly data reports for the two-year duration of the Consent Decree. They failed. Only a few of the weekly reports and some of the monthly reports were posted. Years later, the website was changed making it difficult to find the report copies. (click here to view all reports as copied on 1/25/2015)

Anyway, here’s the background on transparency failures with the Consent Decree of 2006…


In late May 2006, multiple groups and individuals filed a civil action against the City of Molalla charging violations in waste handling at the Molalla Sewage Treatment Plant. Roughly eight months later, a settlement was reached between the parties, in the form of a Consent Decree. The key terms of this Consent Decree, which remained in effect for two years, included:

  • For two years, City of Molalla would do additional weekly water testing at the following locations: (para.16)
    1. the Feyrer Park Bridge
    2. immediately upstream of the City’s Molalla River outfall
    3. at the downstream edge of the mixing zone, which is 50 feet downstream of the City’s Molalla River outfall
    4. the Highway 211 bridge
    5. the point where Fryer Park Road crosses the irrigation ditch
    6. and, at the point where the City’s effluent pipeline crosses the irrigation ditch.
  • When conducting these additional weekly water tests, City of Molalla would use grab samples to analyze for Biological Oxygen Demand (BODS), total suspended solids, ammonia, e-coli, temperature, and pH. (para.16)
  • For two years, City of Molalla would post data on its website. This would include both the weekly analysis results at the above six locations, and the monthly/quarterly MSTP monitoring reports filed with DEQ, in accordance with the NPDES Permit. (para.16)
  • City of Molalla would pay $6,324 in civil penalties (para.22)
  • City of Molalla would pay $50,000 in legal fees (para.24)
  • City of Molalla would pay $110,000 to fund a supplemental environmental project administered by Molalla Riverwatch (para.23)

And how well did the City of Molalla do? Well, some of the monthly reports were posted online, and some of the additional weekly water test results were posted, too. So, during some times of the two year Consent Decree, citizens were able to see the data. But the data was spotty. And, unfortunately, once the two year requirement of the Consent Decree was done, Molalla quit posting their monthly reports.

Who is Potentially Impacted by the MSTP Wastewater Outfall Pipe in the Molalla River?

Coleman Ranch Impacts upon Molalla River

In late 1999, an agreement was signed between Coleman Ranch and the City of Molalla. The agreement called for Molalla to pipe their recycled sewage treatment plant wastewater, to be used during half of the year as irrigation for pasture at the ranch. The pipe used to deliver this water was later extended, creating a new Molalla sewage treatment plant (MSTP) wastewater outfall. Thus, while all MSTP wastewater was pumped into Bear Creek prior to 2006, once the new outfall was finished, the wastewater was pumped into the Molalla River. The northbound river flow is indicated by the blue arrow in the image above.

How does this impact local citizens? Well, during hot summer days, locals commonly swim in the Molalla River, just upstream from the Highway 211 bridge (see above aerial view, at “1”). People park near the 211 bridge and hike in, using trails on both the east side and west side of the river. Another popular site, for those willing to hike further, is at “2” above, where there is a rope swing over a pool. Both of these swimming sites are downstream from the MSTP outfall pipe, which is at the orange square (see “3” above).

MSTP is not allowed to discharge during the summer months. However, the same outlet pipe is used to supply treated sewage water to Coleman Ranch, for summer irrigation of cattle pastures. So, water quality for swimmers depends on the effectiveness of the valves on the MSTP discharge line. Also, over the years, MSTP has had repeated events where the ponds are too full and, due to heavy rain, MSTP has needed to open the valves and discharge into the river. Oregon DEQ is helpless to deny their requests, as MSTP cannot let the ponds overflow into the Bear Creek drainage. Consequently, it is conceivable that some may swim in the Molalla River in late Spring or early Fall, unaware that the water includes wastewater discharged  by MSTP.

A Bear Creek Photograph: Low Water, Early Fall

Less than ten years ago, the wastewater produced in Molalla was pumped straight into Bear Creek, near Highway 213. It then flowed west past Dryland Road, Highway 170, Barlow Road and eventually joined the Pudding River south of Aurora.  Nobody knows what toxins and other hazards were deposited in Bear Creek during the sewage decades. Here is a picture from downstream, in one area where Nature appears to be doing well. This picture is looking east, just upstream from Dryland Road.

Bear Creek, just E of Dryland Road, view upstream

If you have a Bear Creek photograph for us to post at this website, please attach it with an email to: Admin@bearcreekrecovery.org

E. coli Risk Reported Downstream of the Silverton Sewage Treatment Plant

…this news story indicates that the risk of E. coli is becoming common in many places in Oregon, not just in Creamery Creek…


20140916.. Silverton map showing E.coli impact area downstream from STPAnother Oregon incidence of elevated E.coli readings, this time just west of Silverton. The readings were in Silver Creek,  which flows from east to west.

Here is a copy of a Statesman Journal article by Joce DeWitt:

High levels of E. coli discovered near Silverton wastewater treatment plant

Silverton city officials advised people to avoid contact with a portion of Silver Creek due to a high concentration of E. Coli discovered downstream from a wastewater treatment plant.

Fishing and swimming in the creek should be avoided until bacteria levels return to normal, the city said in a press release.

The presence of E. coli bacteria indicates that the water may be contaminated with human or animal waste. Contact with the waste could cause symptoms like diarrhea, cramps, nausea and headaches. It could be particularly risky for infants, children and some elderly people, as well as those with compromised immune symptoms.

The wastewater treatment plant is at 400 Schemmel Lane to the south of Silverton High School’s Pine Street campus.

Swimming areas north of the treatment plant are not affected.

The E. coli Hazard in Molalla’s Creeks

This Post is NOT about stirring panic, but offered instead to make sure that people are informed about a real hazard in the Molalla area. E. coli is serious, and people need to be informed…


EscherichiaColi_NIAID (copy f WIKI)Escherischia coli is a rod-shaped bacterium commonly found in the lower intestine of warm-blooded organisms such as humans and cattle. There are many different strains and most are harmless, but a few strains have caused foodborne illness. E. coli O157:H7 causes abdominal cramping, vomiting and a diarrheal illness, often with bloody stools. Most healthy adults can recover completely within a week. Young children and the elderly are at highest risk for developing HUS, which can lead to serious kidney damage and even death. A Shiga toxin may be produced by some strains; it causes ulcers in the colon, and when these ulcers bleed, they commonly  produce bloody diarrhea.

When found in mass-produced food items, E. coli can result in enormous food safety recalls. The last large U.S. recall was in May 2014, when eleven people in four states were sickened by E. coli O157:H7 infections, and a Detroit meat packing company recalled 1.8 million pounds of ground beef. Today, in Alberta, at least 157 E. coli illnesses have been confirmed, caused by tainted pork in wontons, spring rolls and other frozen Asian food products.

How dangerous are some of the E. coli strains?

In 2011, nearly 4,000 people became ill, mostly in Germany,  from eating bean sprouts that were tainted with the O104:H4 strain; more than 50 died. In the fall of 2006, 199 people in multiple U.S. states came down with illness after eating packaged spinach tainted with E. coli O157:H7, and three died. In spring 2009, 72 people nationwide became ill from prepackaged Nestle Toll House cookie dough; they had snacked on the raw product (don’t we all, when making cookies?), and the rash of hospital visits prompted a product recall.

Many of us remember the original story that made E. coli big news, in January 1993, when a 2-yr-old boy became the first fatality among more than a hundred victims of food poisoning, caused by tainted hamburger served at Seattle-area Jack-in-the-Box fast food restaurants.

19940000.. E.coli declared adulterant by USDA (slide from Bosilevac presentation)

(click on image to open PDF copy of the 60-page slide presentation)

Some of the most costly product recalls related to E. coli have been for ground beef. In a 60-slide presentation published in 2006 (approx.), USDA-ARS scientist Mick Bosilevac concluded that a leading cause of E. coli contamination was at the ‘kill floor’, when the hides of cattle were not properly cleaned. If enough of the bacteria passes into the final ground beef product, the hamburger is no longer safe to sell raw; it must be destroyed, or converted to a cooked hamburger final product.

What does this have to do with the creeks in Molalla?

20140825.. CR ponding and irrigation along Mathias Rd

8/25/2014: Ponding & irrigation along Mathias Road. The sign warns: ‘avoid contact and do not drink the water’.

During the summer now ending, Molalla has piped millions of gallons of wastewater from the sewage treatment plant west of Safeway to Coleman Ranch, on the east end of town. It has been used to irrigate hundreds of acres of pasture.  This pasture is at the headwaters area for both Bear Creek and Creamery Creek. When the soils become saturated and the water ponds, the excess flows into the creeks, then downstream through Molalla neighborhoods.

E. coli contamination typically occurs in relation to the feces of cattle, humans, and other mammals. So, there would appear to be a substantially high probability that Molalla STP wastewater irrigated in excess onto ranchland could elevate E. coli in our local creeks.

Twice this year, agricultural officials from the State of Oregon have sampled waters in the ditch area near the United Methodist Church. Both times they found substantially elevated E. coli levels. The waters in this ditch become Creamery Creek, which flows northwest through the residential areas between the High School and the downtown area.

DEQ and City officials have been made aware of these elevated E. coli readings in Creamery Creek watershed, but it is not clear if any officials have done any sampling of the creek, or if they have warned any residents about this potential health hazard. In the meantime, heavy pasture irrigation continues, using Molalla STP wastewater, and this heavy irrigation is likely helping to maintain (or even raise) the elevated E. coli levels.

We depend on our government officials to take the lead in protecting all citizens. Just two months ago, swimming at Vancouver Lake was closed by Vancouver officials, due to high E. coli levels. They handled it correctly, for Public safety: they measured the hazard frequently, and they posted the data online:20140911cpy.. Vancouver Lake E.coli readings, limit 236 for swimming areaIn Molalla, irrigation using Molalla STP wastewater is allowed by a permit process involving DEQ oversight. There is also a need to monitor the results of this permitted wastewater application, just as there is a need to timely communicate with the citizens if and when a potential health hazard arises.

Creamery Creek backyard picGiven the known dangers of E. coli, and given the readings collected by Ag officials twice this year (which were far higher than the Vancouver Lake readings between 308 and 1,203 on July 8th), it would appear that DEQ and City officials may be failing their duties to serve Molalla residents near Creamery Creek.

A creek in a backyard should be a thing of joy and wonder, an opportunity for exploration and learning for a curious child. A healthy addition to our home and community. Molalla is blessed with such creeks. We need to take care of them.


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