S IERRA G EOLOGICAL & E NVIRONMENTAL C ONSULTANTS , I NC .

P.O. BOX 136, 91 S. M AIN STREET , KENT CITY, MI 49330

PHONE: (616) 678-5157 FAX : (616) 678-5149
WWW .S IERRA C ONSULTANTS . NET

July 1, 2009

Det. Jan Erlandson

MDEQ Office of Criminal Investigations
Via email only

Re: Grattan Township Wastewater Investigation

Dear Detective Erlandson:

At your request, I have put together a summary package of information that should be fairly
straightforward to evaluate for possible or alleged violations of environmental statutes within the
last 6 years, including but not limited to errors, omissions, negligence, or willful violations. In
order to keep this complex matter as simple as possible, I have listed the numbered attachments
along with short summaries below.

1. Attachment #1 is MDEQ’s protocol for determining compliance with a Groundwater Permit.

Note the large green bold text block in Section VI, bullet #5: “We follow the water from
where it comes in to the facility to where it leaves the facility, and everywhere in
between”. This is called evaluation of the “water balance”.
2. Attachment #2 comprises available MDEQ Inspection Reports from 2005-2009. No mention
made of evaluating water balance. Likewise none of the numerous other internal MDEQ
documents produced as part of the review process by Geoffrey List, Jim Janicek, and JB
Beaufboeuf and found in MDEQ’s files reveals any consideration of water balance (see #1
above) for this treatment system.
3. Attachment #3 is a water balance data table and chart, including references to the sources
of data used and other significant information on the system from 1997 to 2008. The
compilation and evaluation of this data should have been done by Prein and Newhof and by
MDEQ years ago during the permit renewals, annual inspections, IMP review’s or the 2004
Capacity Study (furnished previously).
4. In it’s July 22, 2008 letter to the Township and other communications, MDEQ has
categorized the February 27, 2008 overflow at the Grattan facility as a “Sanitary Sewer
Overflow” (SSO). Attachment #4 comprises MDEQ’s policy and law regarding SSO’s which
it is apparently has not been interested in enforcing at this facility since at least 1997.

A careful evaluation will reveal a number of violations of the law, but perhaps the easiest
examples to prove are:

• In the year 2004, official MDEQ records show that no irrigation was performed at all
through the month of June, and yet 15.5 million gallons was irrigated for the year.
This was a clear and egregious violation of the IMP and the permit. It is very likely
that the irrigation was limited by the farmer, as it was in many cases. The operator
at that time, Ron Ekins, should be able to corroborate this.
• On page 10, Section V of the 2005 IMP, you will find that Prein and Newhof
indicates that 186,000 gallons/day is being irrigated, when according to Table 3 of
the same document 161,920 gallons/day was the legal limit. This was a clear and
egregious violation of the daily permit limit, caught by neither Prein & Newhof nor
the MDEQ.
We know the difference between a Mountain and a Molehill!
Re:
Grattan Twp Investigation July 1, 2009
• The aerial photos I previously furnished to you clearly show that in 2005, the poor
distribution of the malfunctioning irrigation system resulted in the illegal irrigation
of up to 10.7 million gallons of effluent in that year. The problems could have easily
been identified in Leslie Sorensen’s September 2005 Inspection of the Facility, or
during Prein and Newhof’s preparation of the IMP in 2005 or the 2004 Capacity
Study – but none of these individuals succeeded in identifying this monumental
failure.
• There are five (5) consecutive quarters for which no CMR’s exist on the MDEQ files.
Leslie Sorensen notes the lack of annual testing in her 2005 inspection report, but
makes no mention of the complete lack of file information. The information was
either never submitted or has been removed from the file, as it was not present
during our FOIA reviews within the last year.
• The analysis and comments on Attachment #4 (above) combined with WB
Supervisor Jim Janicek’s response to my February 3, 2009 letter (furnished
previously) asking for clarification and investigation into this matter, may constitute
violations by MDEQ’s Water Bureau itself.

Jan, I hope this information will be helpful to you in your ongoing investigation in this matter. I
am sure you will want to see more information and backup documentation – feel free to request it
from myself or Marc Middlestadt. I am trying at this stage to give you “summarized” information
so that you might be able to more clearly see the basic set of facts.

Best Regards,

Sierra Consultants, Inc.

David G. VerSluis, President

ec: Tom Wingate

Marc Middlestadt

Sierra Consultants Page 2

 GROUNDWATER DISCHARGE COMPLIANCE INSPECTIONS
CHRIS BABCOCK
Water Bureau, Field Operations Division
BabcockC1@michigan.gov
517-373-2230

I. Groundwater Program is covered in 3.2.4 of the Manufacturer’s Guide (Direct Discharge)

II. Permitting vs. Compliance -- Division of Responsibilities

Permits Unit Role District Office Role

• Administrative processing
• Basis of Design (general)
• Technical review
• Hydro-geological
• Hydro-geological Studies
• Sampling and Analysis Plans
(SAP)
• Monitoring Well Networks
• Soils
• Slow Rate and Rapid Infiltration
Discharge Beds
• Permeability Test Review
• Discharge Management Plan
(DMP) Review
• Phosphorus Adsorption Analysis
• Sodium Adsorption Analysis
• Permit generation and issuance
• Compliance
• Permit Conditions
• Overall Facility Operations
• Compliance Monitoring Reports
• Groundwater Concentrations
• Schedules of Compliance
• Administrative Consent Orders
• Compliance and Enforcement
Action
• Part 41 Construction Permitting and
Review
• Basis of Design (technical review)
• Facility Classification
• Provide Application Comments and
Schedule of Compliance (SOC)
Recommendations

III. Groundwater Discharge Authorization (Permit) Application

x For most dischargers, generally only a minimal number of pages is applicable

x Pages 1-13 contains guidance on completing the forms of the application
x Pages 14-17 must be filled out by everyone (general information)
x Index on page 18, which directs the applicant to the appropriate additional pages that
must be included in the application
x Larger discharges may require:
o Hydro-geological Studies
o Soils Data
o Toxicological Data
x Application and Guidance Documents are located on the DEQ website or you can
contact Permits Unit staff at (517) 373-8148

IV. Why is Permit Compliance Important?

x DEQ records estimate 40 billion gallons of wastewater is discharged into the

groundwater on an annual basis
x ~1.1 million household wells and public water supplies rely on groundwater for
drinking water
x As a result, ~4 million people depend on groundwater for drinking water
x 11,000+ inland lakes receive a percentage of water from recharge by groundwater

2008 MICHIGAN ENVIRONMENTAL COMPLIANCE CONFERENCE

 GROUNDWATER DISCHARGE COMPLIANCE INSPECTIONS

V. Discharge General Requirements

x Cannot be injurious or cause nuisance conditions

x Maintain adequate isolation distance
x Be protective of groundwater quality
x Cannot create site of environmental contamination (i.e. Rule 2204 of Part 22 and Part
201)
x Groundwater discharges in close proximity to available sanitary sewer service is not
recommended.

VI. Groundwater Discharge Compliance Inspection

x All permitees are subject to a compliance inspection
x Types of inspections
x Reconnaissance – surveillance of discharge
o Time: typically 1-2 hours
x Compliance Evaluation Inspection - high level inspection
o Time: typically 4-8 hours
x We follow the water flow:

VII. Compliance Inspection Objectives

x Overall condition of the facility

x Evaluate operation and maintenance activities
x Completeness and accuracy of compliance records
x Is the system achieving required treatment?
x Is permitee compliant?
x If non-compliant, how can we assist in returning to compliance?

VIII.Regulatory Authority

x State of Michigan Program

SEARCH MICHIGAN LAW ONLINE:
o Self Monitoring Program, DEQ verifies
www.legislature.mi.gov
compliance
MCL Search (First Section of Part):
324.3101 (Part 31, NREPA)
x Groundwater discharge permits issued 324.20101 (Part 201, NREPA)
pursuant to Part 31 (“Water Resources
Protection”) of the Natural Resources and
SEARCH MICHIGAN RULES
Environmental Protection Act (NREPA), Public
(The Administrative Code) ONLINE:
Act 451 of 1994, as amended (Act 451)
www.michigan.gov/orr
x Rules promulgated as Part 22 (“Groundwater Michigan Administrative Code
Quality”)
x Search by Department (DEQ)
x Part 201 (“Environmental Remediation”) of
x Water Bureau
NREPA
x Part 22, Groundwater Quality

2008 MICHIGAN ENVIRONMENTAL COMPLIANCE CONFERENCE

 GROUNDWATER DISCHARGE COMPLIANCE INSPECTIONS

IX. How Do You Prepare for an Inspection?

x Common Compliance Inspection Elements:
o Permit Review
o Compliance Monitoring Reports
o Records Retention and Reporting
o Operator Certification
o Physical Plant Inspection
o Facility Operations and Maintenance
o Operation and Maintenance Manual
o Site Security and Signage
o Sampling Policies and Procedures
o Effluent Discharge
o Biosolids/Residual Solids Management

X. Permit Review
x Copy of the permit or Administrative Consent Order (ACO)
x Is the permit current?
x If the permit is expired, was re-application made?
x Does the information in the permit, adequately reflect current operations (e.g. flows,
discharge location, monitoring points, etc.)?
x Meeting permit-required Schedules of Compliance (SOC)

XI. Compliance Monitoring Reports (CMRs)

x If CMRs are required for the facility, have they been submitted in accordance with
permit requirements?
x Are the CMRs complete?
o Flow, Sampling Parameters, Sampling
o Location(s), and Signed by Certified Operator
o Timely Submittals
o Permit Exceedances
o Report Exceedances (and follow Rule 2227 of Part 22)
x Have the extent and nature of exceedances been evaluated?
o This can be a useful tool in troubleshooting problems.

XII. Records Retention and Reporting

x Retained records (minimum of 3 years)
x Determine division of sample analysis
o In-House vs. Contract Laboratory
x Analytical results/bench sheets consistent with data supplied on CMRs
x Review monitoring records
o Effluent and groundwater
o Chain of custody records
x Review laboratory QA/QC procedures

XIII.Operator Certification
x Verify facility classification
x District staff to classify facility operations/certification required
x Does the Operator have a current certification covering all aspects of the facility
operations?
x Have the wastewater system operators received critical training on treatment process
control, safety, sampling, laboratory analyses procedures etc.?
x Is a copy of the certification on-site?
x Does the DEQ have a copy on file?

2008 MICHIGAN ENVIRONMENTAL COMPLIANCE CONFERENCE

 GROUNDWATER DISCHARGE COMPLIANCE INSPECTIONS

XIV. Facility Operation and Maintenance Review

x Influent Characteristics
x Process Control
x Unit Operations
x Water Treatment Additives (WTAs)
o Use requires prior approval from DEQ Water Toxics Unit
x Equipment Condition
x Maintenance and Operation Staff
x Safety Controls
x Effluent Characteristics
x Monitoring Wells
x Disposal Area

XV. Facility Operation and Maintenance Review -- Review of Collection System

x Service Area Map(s)
x Who maintains the system?
x Inspect pump stations
o System Operation
o Alarm System
o Back-up Power
o Integrity

XVI. Operation & Maintenance Manual

x Is the O&M Manual current and does it adequately reflect facility operations
x Suggested minimum content
o Background Information (History and Service Area Map)
o Maps (Site, Flow Pattern, Collection System, etc.)
o System Operations (Basis of Design)
o Copy of Permit and Operator Certification
o Start-Up and Shut-Down Procedures
o Maintenance Schedule and Procedures Refer to DEQ Part 22 Guide Sheet VI
o Emergency Procedures and Contacts, “Operations and Maintenance Manual”
Including Back-Up Power Accessible on the DEQ Website
o Field Data Collection Forms
o Records Retention
o Monitoring Program to Monitor Process Efficiency
o Sampling and Laboratory Procedures
o Biosolids/Residual Solids Management
x Staff and Mock Exercise Training

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 GROUNDWATER DISCHARGE COMPLIANCE INSPECTIONS

XVII. Site Security and Signage -- Appropriate Site Security and Signage
x Facility
x Pump Stations
x Disposal Area

XVIII. Sampling Policies and Procedures

x Formal Policies and/or Procedures
o Documented in O&M Manual
o Approved Sampling and Analysis Plan (SAP) on file with DEQ
x Sample Location(s) Conducted in Accordance With Permit
o Influent, Effluent and Monitoring Wells
o Flow Measurement Method and Calibration Records
x How are staff trained to collect samples?
x Sample Collection Containers
o Laboratory Supplied or Sanitized On-Site
x Is the appropriate PPE utilized?

XIX. Sampling Policies and Procedures

x Written Procedures, Records Retention, Sampling Forms, Chain-of-Custody, QA/QC
Procedures and Properly Trained Personnel
x Influent and/or Effluent Sampling
o Representative Sample Location
o Composite or Grab Samples
o Sampling Procedures
x Groundwater Sampling
o Monitoring Well Location(s) and Integrity
o Depth to water measurements, well purging and sample collection
o Are monitoring wells and staff gauges surveyed?
o Verify groundwater flow direction for proper placement of MWs
o Any potential Part 201 compliance issues

XX. Disposal Area Review

x Discharge Management Plan (DMP)
o Copy retained on-site
o Is the DMP being followed?
o Overall condition of disposal area
o Ponding or runoff
o System components operating correctly
o Entire disposal area being utilized
o General Maintenance
o Nuisance Concerns (odors or overspray)

x Biosolids/Residual Solids Management

o Approved pursuant to Part 24 for land application
o Proper notification to DEQ Biosolids staff
o Quantity, location, frequency of applications
o Isolation distance to nearest sensitive receptors

XXI. So How Can You Stay in Compliance With Your Permit?

x Read and understand your permit.
x Educate your employees so they don’t unknowingly create a problem or violation.
x If you aren’t sure if DEQ needs to be called for a problem, call anyway.
x Get to know your compliance person so you can work together when problems arise.
x We both share the same goal -- maintaining compliance and protection of public
health and the environment

2008 MICHIGAN ENVIRONMENTAL COMPLIANCE CONFERENCE

 GROUNDWATER DISCHARGE COMPLIANCE INSPECTIONS

XXII. What Happens Next? Closing Conference Discussion Elements

x Areas in compliance
x Areas that need improvement
x Areas/Items of noncompliance identified
x Additional information DEQ may need
x Information DEQ will be providing to the facility
x Identify DEQ next steps (e-mail, letter, another inspection)

XXIII. Common Non-Compliance Issues

x Unauthorized Discharges
x Noncompliance Reporting
x Not having a Certified Operator
x Failing to send something that was required (or not timely sending)
x Not collecting and/or maintaining required data
x Asset Management (growth, infrastructure upgrades and O&M, customer rates,
future upgrades based on rules and standards changes)

XXIV. EDTA
x Ethylene diamine tetra acetic acid
x Problematic last 3-5 years
x Extensively used (over 100,000 metric tons produced annually)
o Boiler Additive
o Cleaners/Detergents
o Preservative in packaged food Items
o Dairy and Beverage Industry
o Cosmetics Additive
o Medical and Dental
x Complex Interaction of pH, BOD and EDTA
x Very persistent
x Chelates metals (mobilizes them), which are normally bound to soil and leaches into
Groundwater.
o “Aesthetic” Metals Such as Fe and Mn
o Toxic Metals Including Co, Pb, Ni, Cr
x Observed at several food processor sites
x Problematic in high BOD situations
x It is not degraded or removed during conventional wastewater treatment. Adjustment
of pH and sludge residence time may result in improved mineralization of EDTA.
x Science has yet to determine how much EDTA may be land applied without causing
metals to leach.

XXV. Environmental Science and Services Division Operator Training

x Technical On-Site Assistance
x (Phone: 517-241-7199 or www.michigan.gov/deqoperatortraining)

TRAINING WORKSHOPS CERTIFICATION EXAMS

¾ Activated Sludge ¾ Industrial/Commercial (Nov.)
¾ Oxidation Ditches ¾ Municipal (May)
¾ Sequencing Batch Reactors Apply at least 45 days prior
¾ Attached Growth
¾ Waste Stabilization Lagoons
¾ Anaerobic Digestion
¾ Laboratory (I, II, III)
¾ Phosphorus Removal
¾ Industrial Wastewater (I & II)
¾ Biosolids

This document was produced by Water Bureau and Environmental Sciences and Services Division for guidance and compliance assistance
purposes. Reliance on information from this document is not usable as a defense in any enforcement action or litigation

2008 MICHIGAN ENVIRONMENTAL COMPLIANCE CONFERENCE

 Annualized Water Balance Chart, Grattan Township Treatment Facility
1997 - 2008
Year Effluent (MGY) Influent (MGY) Source of Data & Notes
Both influent and effluent volumes provided by1999 memo from KCDPW operator Bruce Lewis to Prein and Newhof. Lewis indicates pressure from
1997* 12 17.2 farmer to limit irrigation. Memo was accepted by MDEQ for permit renewals in 2000 and 2005.
Both influent and effluent volumes provided by1999 memo from KCDPW operator Bruce Lewis to Prein and Newhof. Lewis indicates irrigation limited
1998* 12 17.2 by farmer. Memo was accepted by MDEQ for permit renewals in 2000 and 2005.
Both influent and effluent volumes provided by1999 memo from KCDPW operator Bruce Lewis to Prein and Newhof. Lewis indicates irrigation limited
1999* 12 17.2 by farmer. Memo was accepted by MDEQ for permit renewals in 2000 and 2005.
2000* 10.3 17.8 Influent Volume estimated from previous and following years. Incomplete CMR's omitted 2000 total influent volume.
Influent volume calculated from the 2004 Prein & Newhof Capacity Study provided to Leslie Sorensen Spring 2008 - and corroborrated by
2001* 10.3 18.36 Earthtech's drawdown data.
Influent and Effluent volume calculated from the 2004 Prein & Newhof Capacity Study provided to Leslie Sorensen Spring 2008 - and corroborrated
2002* 11.4 18.29 by Earthtech's drawdown data.
Influent and Effluent volume calculated from the 2004 Prein & Newhof Capacity Study provided to Leslie Sorensen Spring 2008 - and corroborrated
2003* 11.4 18.4 by Earthtech's drawdown data.

Influent Volume estimated from previous and subsequent years, and from 2004 Prein and Newhof Capacity Study provided to Leslie Sorensen
Spring 2008 - and corroborated by Earthtech's drawdown data. SPECIAL NOTE: No irrigation performed in 1st 2 Quarters - per 2nd qtr CMR. All
15.5 mg for 2004 were irrigated in the months of July August, September, and October - in violation of permit. "Annual Cumulative Influent Flow"
was apparently removed from the CMR form by MDEQ between the 3rd and 4th qrtrs '04. MDEQ recommendation of 2.35"/wk limit ignored: 2"00/wk
2004* 15.5 18.5 proposed by P&N and aproved in permit/IMP by MDEQ.
Influent Volume Estimated from previous and following years. Effluent Volume from 3rd Qtr 2005 CMR. No irrigation in 4th Qtr per Earthtech. Page
2005* 10.7 18.6 13 of 2005 IMP indicates Farmer will continue to limit irrigation.
Influent Calculated from Drawdown Data - as recommended in Chapter 3, page 7 of MDEQ's "Lagoon Training Manual" Effluent rate limited by IMP,
2006** 7 18.7 Influent Calculated from Drawdown Data equipment failure/rehabilitation.
- as recommended in Chapter 3, limitation
Nopage from farmer
7 of MDEQ's in October.
"Lagoon Training Manual". 17 days limitation from the
2007*** 11 19 farmer in October.
Influent Calculated from Drawdown Data - as recommended in Chapter 3, page 7 of MDEQ's "Lagoon Training Manual" - and corroborated by lagoon
level measurements tied to elevational calculator supplied by Prein & Newhof spring '08 Drop in Influent Volume attributed to elimination of
2008**** 24.5 18.3 Infiltration at Trailer Park at BPI Lake.

TOTAL 148.1 217.55

APPROXIMATE EXCESS WATER 1997-2008 (million gallons): 69.45

OTHER NOTES:
"Annual Cumulative Influent Flow" was apparently removed from the CMR form by MDEQ between the 3rd and 4th qrtrs '04.
Farmer's consistent pressure to limit irrigation documented 97'-00, 04', 05' , '07. and 2005 IMP
Wherever two data sources conflicted, the most conservative data sources was used.
According to Township Engineer Jim Hegarty and MDEQ Project Manager Leslie Sorensen, "Precipitation = Evaporation" for purposes of calculating annual water balance.
BOLD indicates data officially reported to MDEQ. RED indicates data for which MDEQ files do not contain any CMR's or other official documentation of flows.
Beginning with the 2005 Permit year, the "Influent" data category was removed from the CMR Forms by MDEQ
.
Annual Water Balance, Grattan TWP WWTP, 1997 - 2008
Million gallons/year

20
Influent (MGY)

10
Effluent (MGY)

0
1997* 1998* 1999* 2000* 2001* 2002* 2003* 2004* 2005* 2006** 2007*** 2008****
Year
APPROXIMATE EXCESS WATER 1997-2008: 69.45 million gallons not accounted for

* ILLEGAL - Irrigation rates in violation of Permit Daily Limit (page 10 IMP, CMRs for 2004), but also limited at times by farmer
** LEGAL - Irrigation Rates within Permit Weekly and Daily Limits, but limited due to equipment failure/rehabilitation & farmer
*** LEGAL - Irrigation Rates within Permit Weekly and Daily Limits, but still limited by farmer
**** LEGAL - Irrigation Rates within Permit Weekly and Daily Limits, not limited by farmer due to changes in lease agreement