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Home My WebLink AboutRe: petroleum tank release � Minnesota Pollution Control Agency sio�y�cce koaa rionn � sL�.�u,es�ss�su�9a � �si i�3oo sao-e5�-�a I u�rour pre�rred r�r s�ce I ir�o.�sa�.�►s I r��o�a�cr� April 12,2017 ��C��D Mr. Mike Reymann �`PR 1 � 20» Navarre Realty LLC PO Box 3 C�T1'OF pRONO Minnetonka, MN 55361 RE: Petroleum Storage Tank Release Site: Navarre Apartments,3465 Shoreline Dr,Orono,Hennepin County 55391 MPCA Site ID: LS0020354 Dear Mr. Reymann: The Minnesota Pollution Control Agency(MPCA) has learned there was a petroleum tank release at the Site referenced above.As the owner/operator of the tank(s),you are responsible for the contamination caused by the release.According to state law,you must investigate and if necessary,clean up the contamination. Your first step Complete and submit the enclosed leak Site Ownership Form within 30 days. If you believe that you are not legally responsible fo�the release, please contact me immediately. Definition of legally responsible: You are considered legally responsible for a petroleum tank release if you owned or operated the tank either during or after the release, unless specifically exempted under the law. See Minn.Stat.§115C.021. Next steps Hire a qualified environmental consulting firm to help you investigate and address the contamination. A site investigation must fully define the extent and magnitude of the soil and/or groundwater contamination caused by the release. Investigation and cleanup guidance documents,standardized report forms,and related information are located at the following website: https://www.pca.state.mn.us/waste/petroleum-remediation-pro�ram. Once the investigation is complete,your consultant should summarize the results in an MPCA report form,including a recommendation for additional investigation or monitoring,corrective action,or site closure. If your site is hi�h priority(see below),you must submit the report to the MPCA within 90 days of the date of this letter. For all other sites,you must submit the report within 10 months. Hi�h-priority sites have one or more of the following conditions.See guidance document 1-01 Petroleum Remediation Program General Policy for detailed descriptions of each condition. If you are uncertain whether your site is high priority, please contact me. • Existing or high risk of drinking water contamination • Existing or high risk of vapor intrusion into occupied buildings o�risk of explosive vapor buildup • Surface water impacts • Recent or ongoing releases • Petroleum free product Paying for the work The Minnesota Petrofund helps tank owners,operators,and volunteer property owners pay for the cost of investigating and cleaning up contamination from petroleum tank releases.You will receive a Mr. Mike Reymann Page 2 April 12, 2017 separate mailing from the Minnesota Department of Commerce,which administers the Petrofund, explaining eli�ibility criteria and how to apply for reimbursement. Please note that applicants are reguired to use an environmental consulting firm registered with the Petrofund and obtain written competitive bids. Read the Petrofund mailing thoroughly so you know how to be eligible for the maximum reimbursement. Please respond Your timely response is important. If you do not submit the completed Leak Site Ownership Form within 30 days,the MPCA will assume that you do not intend to comply and will begin enforcement actions.Also, please be aware that failure to cooperate in a timely manner will reduce your reimbursement from the Petrofund. Finally,should you fail to take necessary corrective actions,the MPCA may take them on your behalf and request the Petrofund to recover the costs from you. If you have questions about this letter or the MPCA's requirements, piease contact me at 218-302-6639 or lauralin.kania@state.mn.us.Additional contact information is listed below. Sincerely, S�/�( �.� _ aurie Kani Project Manager Petroleum Remediation and Redevelopment Section Remediation Division LM K:kg Enclosures Cc: Diane Tiegs,Clerk,City of Orono Rosemary Lavin, Director, Environment and Energy, Hennepin County Caitlin Castner, Carlson McCain Inc, Plymouth Ginger Commodore, Department of Commerce (ec) Contacts and more information: Please have your MPCA Site ID available when calling about your site MPCA Project Manager for this site: 218-302-6639 or lauralin.kania@state.mn.us Petrofund: Reimbursement questions? 651-539-1515 or 800-638-0418, or go to http://mn.�ov/commerce/industries/fuel/petrofund/index.jsp MPCA Petroleum Remediation Program guidance documents: http://www.pca.state.mn.us/index.php/waste/waste-and-cleanup/cleanup/cleanup-�uidance.htm I MPCA Brownfields Program: Selling or redeveloping contaminated property? Go to http://www.pca.state.mn.us/lup�7f9 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 Mr.James Yarosh • Page 2 Please review your insurance plan and contact your insurance carrier immediately after receiving this letter.Your insurance may cover this release. However, your insurance coverage may be affected by how quickly you notify your carrier. Reimbursement for Petroleum Site Investigations In 1987,the legislature established the Petroleum Tank Release Compensation Fund (Petrofund)to reimburse some responsible persons and volunteers (i.e., property owners not responsible for releases) who take corrective action for a portion of their costs.The Petrofund is administered by the Petroleum Tank Release Compensation Board (Petro Board), which is part of the Minnesota Department of Commerce.To learn more about the Petrofund reimbursement program contact Petrofund staff at 651-215-1775 or 1-800-638-0418 (in greater Minnesota only), or review the information available at the following website at http://mn.�ov/commerce/topics/Petrofund/. Please be aware that Petrofund reimbursement determinations are made by Petrofund staff at the Department of Commerce. The determinations are based on whether or not the work performed at a leak site was necessary for investigation and corrective action, which is determined by MPCA staff, and whether or not the costs for that work were reasonable, which is determined by Petrofund staff. If you have not already done so, the MPCA recommends that you hire a qualified environmental consulting firm to help you investigate and clean up the contamination on your site. A qualified consulting firm should have experience in performing investigations of contaminated sites and in developing and implementing corrective actions. For petroleum investigations,the consultant must be registered with the Petro Board if you wish to have your costs considered for reimbursement. A list of registered contractors is available from the Petrofund staff. Please note that, under the Petro Board's rules, (see Minn. R. ch. 2890),you must solicit a minimum of two written competitive consultant proposals on a form prescribed by the Petro Board to incur costs eligible for reimbursement, and a minimum of two written competitive contractor bids must also be obtained for each contractor service.Again,the MPCA strongly encourages you to contact Petrofund staff for answers to all of your questions about bidding and the other Petrofund reimbursement program requirements. Required Response Please provide notification to the MPCA by submitting the enclosed Leaksite Ownership Form to the MPCA project manager listed below.The Leaksite Ownership Form must be completed and submitted within 30 days of your receipt of this letter to indicate whether you intend to proceed with the requested investigation and/or corrective action. If you do not respond within this time frame,the MPCA will assume that you do not intend to comply. In this case,the MPCA Commissioner may issue an enforceable order that will require you, as responsible party, to take corrective action. Failure to cooperate with the MPCA in a timely manner may result in reduced reimbursement from the Petro Board, see Minn. R. ch. 2890. If you do not cooperate,the MPCA has the option of taking the corrective actions on your behalf and recovering its costs from you. If you have any questions concerning this letter or need additional information, please contact me at 651-757-2874 or e-mail shannon.martin@state.mn.us. Please reference the above LEAK#in all correspondence. If you are calling long distance, you may reach the MPCA by calling 1-800-657-3864. Sincerely, ��Shannon Martin Project Manager Petroleum Remediation Section Remediation Division SLM:Is Enclosures cc: Linda Vee, Clerk, Orono Dave Jaeger, Hennepin County Environmental Services John Findley, The Javelin Group, Eden Prairie C°c..: ��.�. � L�..��t-l�.u.._ � ';' ; ; �r F ,�,- , �-�r �� _ � -,� � f� , , RECEIVED �t�►j ��3 ��:�i , . ��. . , . �^^�..::.'' S20 Lafayette Road North � St.Paul,Minnesota 55155-4194 � 657-296-6300 MAR 0 8 201� �-ti:-�. . . _ GITY OF ORON� fV�arch 6, 2013 Mr.James Yarosh Alek G. Overson Estate Siegel Brill PA/100 Washington Ave. S., Suite 1 Minneapolis, MN 55401 RE: Petroleum Tank Release Site File Closure Site: Overson's Commercial Property, 3465 Shoreline Dr., Orono, MN 55391 Site ID#: LEAK18936 � Dear Mr. Yarosh: The Minnesota Pollution Control Agency(MPCA) is pleased to let you know it has determined your investigation and/or cleanup have adequately addressed the petroleum tank release at the Site listed above. Based on the information provided,the MPCA has closed the petroleum tank release site file. The closure of the petroleum tank release site file means the MPCA does not require any additional investigation and/or cleanup work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from this site. However, the MPCA has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment under current conditions. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information, changing regulatory requirements, or changed land use makes additional work necessary. If you or other parties discover additional contamination (either petroleum or non- petroleum)that was not previously reported, Minnesota state law requires that the MPCA be notified immediately. You should understand this letter does not release any party from liability for the petroleum contamination under Minn. Stat. § 115C.021 subd. 1 (2012) or any other applicable state or federal law. � ii� auuiilvfi� iiil$ i2iiEi uvES iiGi icicaSc aiiy Naiiy�iviii iiauiiiiy�Gi iiGirj�EiiG�ciiiii CviiiafiiiiiaiiGii� ii present, under Minn. Stat. § 115B (2012),the Minnesota Superfund Law. Please note that as a result of perForming the requested work you may be eligible to apply to the Petroleum Tank Release Compensation Fund (Petrofund)for partial reimbursement of the costs you have incurred in investigating and cleaning up this petroleum tank release.The Petrofund is administered by the Petroleum Tank Release Compensation Board (Petro Board) and the Minnesota Department of Commerce.To learn more about who is eligible,the types of work, and the amount of reimbursement available, please contact the Petrofund at 651-215-1775 or 1-800-638-0418. If future development of this property or the surrounding area is planned, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during future development work, the MPCA shouid be notified immediately. Mr.James Yarosh Page 2 March 6, 2013 For specific information regarding petroleum contamination that may remain at this leak site, please call the Petroleum Remediation Program File Request Program at 651-757-2799 or 651-757-2309.The MPCA fact sheet Request to eill for Services Performed must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperation with the MPCA to protect public health and the environment. If you have any questions regarding this letter, please contact MPCA project manager Shannon Martin at 651-757-2874 or shannon.martin@state.mn.us or MPCA hydrogeologist Rose Tusa at 218-316-3924 or rose.tusa@state.mn.us. Sin y, __ �,-,�� ' ! � � � �..�.-�''�-��. ; �� . . nno Martin Rose Tusa � Project Manager Hydrogeologist Petroleum Remediation Section Petroleum Remediation Section Remediation Division Remediation Division SM:RT:jmp cc: Linda Vee, Clerk, Orono Dave Jaeger, Hennepin County Environmental Services John Findley,The Javelin Group Minnesota Department of Commerce Petrofund Staff