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Mr. William Stempel <br /> Page 2 <br /> September 13, 1993 <br /> Request to Take Corrective Action <br /> The MPCA staff is requesting you to take the steps necessary to investigate and <br /> clean up the release in accordance with the enclosed MPCA fact sheets. The <br /> MPCA requires that you conduct a site investigation to define the full extent <br /> and magnitude of the soil and/or ground water contamination caused by the <br /> release. A report which details the results of the investigation or concludes <br /> that excavation was sufficient to address the release for cleanup (Excavation <br /> Report and/or Remedial Investigation/Corrective Action Design) must be <br /> submitted to this office within 10 months of the date of this letter. Please <br /> refer to MPCA fact sheets for information pertaining to the degree of <br /> investigative work necessary at petroleum release sites. <br /> Sites with free product, drinking water supply impacts, fire or explosion <br /> hazards, or ground water impacts which pose a significant threat to public <br /> health or the environment, are considered high priority for staff review. If <br /> one or more of these situations apply to your site, a Remedial <br /> Investigation/Corrective Action Design report must be submitted within 90 days. <br /> In addition, if you know or discover that there is free-floating petroleum in a <br /> well, excavation, or borehole, you must notify the MPCA within 24 hours and <br /> IMMEDIATELY begin interim free product recovery. <br /> If you have not already done so, the MPCA recommends that you hire a qualified <br /> consulting firm registered with the Petro Board that has experience in <br /> conducting petroleum release site investigations and in proposing and <br /> implementing appropriate corrective actions. A list of registered contractors <br /> is available from the Department of Commerce. The MPCA reserves the right to <br /> reject proposed corrective actions if the requirements of the site <br /> investigation have not been fulfilled. Please note that, under Minn. Rules pt. <br /> 2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on <br /> a form prescribed by the Petro Board to ensure that the consulting costs are <br /> reasonable. Questions about bidding requirements should be directed to Petro <br /> Board staff. <br /> Required Response <br /> MPCA staff requests a written or verbal response to this letter within 30 days. <br /> In your response, please tell us whether you intend to comply with the above <br /> requirements. If you do not respond within this time frame, the MPCA staff <br /> will assume that you do not intend to comply, in which case the MPCA <br /> Commissioner may order you to take corrective action. If you do not comply <br /> with the Commissioner's order, it may be enforced in court or, alternatively, <br /> the MPCA could use state funds to clean up the release and then request the <br /> Attorney General to recover its costs from you through legal action. Failure <br /> to cooperate with the MPCA in a timely manner will also result in reduced <br /> reimbursement from the Petro Board. See Minn. Rules pt. 2890.0065, subp. 1, <br /> item C. <br />