Colleagues:

How would a municipality pay for DEQ ordered clean up on short notice? There is not enough time for regular notice or a hearing because of the time frame to pay the fines. And the municipality does not have an operating reserve.

Thanks in advance!

[cid:image001.png@01D6CD40.9B0FE700]
Alan Taylor, Esq.
PALMER LAW
1609 Arlington  Ada, OK 74820
(405) 885-0890  taylor@callpalmer.commailto:taylor@callpalmer.com

This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s)

If you have a public works authority (a public trust) you could take out a short term loan from local bank.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Alan Taylor taylor@callpalmer.com
Sent: Tuesday, December 8, 2020 9:00 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] DEQ Clean Up

Colleagues:

How would a municipality pay for DEQ ordered clean up on short notice? There is not enough time for regular notice or a hearing because of the time frame to pay the fines. And the municipality does not have an operating reserve.

Thanks in advance!

[cid:image001.png@01D6CD40.9B0FE700]

Alan Taylor, Esq.

PALMER LAW

1609 Arlington  Ada, OK 74820

(405) 885-0890  taylor@callpalmer.commailto:taylor@callpalmer.com

This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s)

Alan,
It has been my experience that ODEQ is more interested in compliance than collecting fines.  Unless your city believes the Consent Order is unjust, working with ODEQ to map out a plan to achieve compliance is often incentive for ODEQ to waive, reduce, or suspend fines.  This approach may give your city more time to plan for the costs necessary to achieve compliance.  If you have already tried this approach, then a loan through the public trust, as David suggests, is a good option provided you can find a willing lender.  Hope this helps.
Jeff Bryant

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
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From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, December 8, 2020 9:14 AM
To: Alan Taylor taylor@callpalmer.com; oama@lists.imla.org
Subject: Re: [Oama] DEQ Clean Up

If you have a public works authority (a public trust) you could take out a short term loan from local bank.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Alan Taylor <taylor@callpalmer.commailto:taylor@callpalmer.com>
Sent: Tuesday, December 8, 2020 9:00 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] DEQ Clean Up

Colleagues:

How would a municipality pay for DEQ ordered clean up on short notice? There is not enough time for regular notice or a hearing because of the time frame to pay the fines. And the municipality does not have an operating reserve.

Thanks in advance!

[cid:image003.png@01D6CD45.03B30630]

Alan Taylor, Esq.

PALMER LAW

1609 Arlington  Ada, OK 74820

(405) 885-0890  taylor@callpalmer.commailto:taylor@callpalmer.com

This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s)