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Minnesota Pollution Control Agency 520 Lafayette Road North � St.Paul,MN 55155-4194 � 651-296-6300 � 800-657-3864 � 651-282-5332 TTY � www.pca.state.mn.us November 12, 2012 RECEIVED Mr.James Yarosh ��/ � � 2�� Alek G. Overson Estate Siegel Brill PA/100 Washington Ave. S., Suite 1 �al�ll�F �f�d�� Minneapolis, MN 55401 RE: Storage Tank Release Investigation and Corrective Action Site: Overson's Commercial Property, 3465 Shoreline Dr., Orono, Hennepin County 55391 Site ID#: LEAK 18936 Dear Mr.Yarosh: Notice of Release The Minnesota Pollution Control Agency(MPCA) has been informed that a release has occurred or contamination has been encountered from storage tanks and/or storage tank facilities that you own and/or operate.The MPCA appreciates your timely notification so this site can be handled in an efficient manner. Legal Obligations State laws require that persons legally responsible for storage tank releases notify the MPCA of the release and/or discovery of contamination, investigate, and if necessary, clean up the release(s) and/or contamination.A person is considered legally responsible for a petroleum tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law.See Minn. Stat. § 115C.021 (2012). For releases of other substances, a person is considered legally responsible if the substance discharged was under the control of the person at the time of the discharge or release. If you believe that you are not legally responsible for this storage tank release, please contact the project manager listed below. If development of this property or the surrounding area is planned, State laws require that persons properly manage contaminated soil and/or water uncovered or disturbed even if they are not legally responsible for the storage tank release(s). Developers and other interested parties must also incorporate appropriate response actions to prevent the further spreading of contamination.To receive MPCA review and approval of proposed response actions, please contact the Petroleum Brownfields Program (PBP) at 651-296-6300 or at 1-800-657-3864, or visit their website at http://www.pca.state.mn.us/fovp80a. If petroleum contamination is encountered during development work,the Minnesota State Duty Officer should be notified immediately. Request to Take Corrective Action The MPCA requests that you take steps to investigate, and if necessary, clean up the release(s)/contamination in accordance with MPCA guidance documents.The site investigation must fully define the extent and magnitude of the soil and/or groundwater contamination caused by the release(s)/contamination. Unless your site is considered "high priority (see below),you must submit a report to the MPCA which details the results of the investigation or concludes that excavation was sufficient to clean up the refease,within 1G rnonths of the date of this letter.The P�IPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Guidance documents and related information are located at the following website at http://www.pca.state.mn.us/Isri80e. For sites contaminated by pollutants other than petroleum,contact the MPCA project manager listed below to discuss the investigation and reporting timeline that will be required for your site. The MPCA considers certain site conditions as high priority, including sites with "free product" (free-floating petroleum)that have affected or that threaten to affect drinking water supplies, sites where pollutants are being released to surface waters such as lakes or wetlands, and sites where petroleum or other vapors have been detected within structures or that pose fire or explosion hazards. If one or more of these situations apply to your site,you must submit an Investigation Report Form (refer to guidance documents) to the MPCA within 90 days.The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. In addition, if you know or discover that there is free product in a well,excavation, or borehole,you must notify the MPCA immediately of such a release and as rapidly and thoroughly as possible begin interim free product recovery(refer to guidance documents). If you have any question as to whether your site is high priority, please contact the MPCA project manager listed below. Equal Op�ortunity Employer