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Home My WebLink AboutRe: fuel tank � Minnesota Pollution Control Agency � 520 Lafayette Road North � St.Paul,MN 55155-4194 � 651-296-6300 � 800-657-3864 � 651-282-5332 TTY � www.pcastate.mn.us December 31, 2008 RF�Ei�� Ms. Susan Stoker JA c/o Stephen Purdum N �b ?�� 21599 Mishawaka Road C/j�, Grand Rapids, MN 55744 °FO/�OryO RE: Storage Tank Release Investigation and Corrective Action Site: Susan Stoker Property, 465 Spring Hill Road, Orono, Hennepin County 55323 Site ID#: LEAK 17481 � Dear Ms. Stoker: 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. T`he MPCA appreciates your timely notification so this site can be handled in an efficient manner. Legal Obligations Federal and 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)/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. 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 or if th�e person was an owner or operator of the storage tanks and/or tank facility at the time the release occurred. If you believe that you are not legally responsible for this storage tank facility release, please contact the project manager listed below. � 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 �vith the cnclosed MPCA fact sheets. The site investi�ation must fully define the extent and magnitude ot�the soil and/or ground water contamination eaused by the release(s)/coniamination.. For petroleum release sites, the MPCA has facts sheets that will help you or your consultant properly investigate the release and report the results to the MPCA. Unless your site is considered "high priority" (see belo�v), you must submit a report to this office which details the results of the investigation or concludes that excavation was sufficient to clean up the release within 10 months of the date of this letter. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Refer to the following web site for related guidance documents and infonnation, http://www.pca.state.mn.us/programs/fust�.html. For sites coe�taminated by polluta;�ts othcr than �etroleum, tl�ie �'[PCA �equests il�at you or your consuitant contact t}�e MPCA project manager (iste� to discuss the investigation and CepQ?'TlIla timeline tha± will be required for your sitP. The MPCA considers 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, sites where petroleum or other vapors have been detected within structures or that pose fire or explosion hazards, to be high priority for staff review. If one or more of these situations apply to your petroleum or non- � petroleum facility, a Remedial Investigation/Corrective Action Design report(refer to guidance documents) must be submitted 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, ercavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin interim free product recovery (refer to guidance documents). lf you have any question with regard to �vhether your site is ``high priority" please contact the MYCA project manager listed belo�v. � � St.Paul � Brainerd � Detroit Lakes � Duluth I Mankato � Marshall � Rochester � Willmar !��1"f��1:� <�i�I�.�l I�J IOpII Ms. Susan Stoker Page 2 Reimbursement for petroleum sites: In 1987, the legislature established the Petroleum Tank Release Compensation Fund(Petrofund) to reimburse some responsible persons and volunteers (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. If the release at your site is a petroleum release, the MPCA encourages you to learn more about the Petrofund reimbursement program by contacting Petrofund staff at 651/215-1775 or 1/800-638-0418 (in greater Minnesota only), or by reviewing the information that is available at the following website, http://www.pca.state.mn.us/programs/lust�.html. Because there are rules governing eligible costs of cleanup, the MPCA strong(y encourages you to familiarize yourself with the enclosed proposal and invoice forms and the other program requirements in order to maximize the available reimbursement. Please note that final decisions regarding the amount of reimbursement are made by the Petro Board, not the MPCA. 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. To be qualified, the consultant 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. P(ease 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 h�o 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 The MPCA requires that you respond to this letter within 30 days to indicate �vhether you intend to proceed with the requested work. If you do not respond ��ithin this time frame, the MPCA will assume that you do not intend to comply, in which case the MPCA Commissioner may issue you an enforceable order that will require you 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 � correcti��e actioiis o�i }�our beli�lf aiid recovering its costs fi�om you. � If you have any questions concerning this letter or need additional information; please contact me at 651-757-2331. 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. S incerely, �y��'��G .��/ �v �ndre�v Eddy v Project Manager Petroleum and Closed Landfill Section Remediation Division I AJE:Is Enclosure cc: Lin Vcc, Clcrk, Orono � Dave Jaeger, Henncpin County Solid Waste Officer Donovan Hannu, DPRA, St. Paul I � i � � Minnesota Pollution Control Agency �,� ``' S20 Lafayette Road North � St.PauI,MN 5 5 1 5 5-41 94 � 651-296-6300 � 800-657-3864 � 651-282-5332 TTY � www.pcastate.mn.us - R��EIVE� June 17, 2009 ��N 1 Q """�� '� CfT�� Ms. Susan Stoker 2Q�9 c/o Stephen Purdum �JI�N � � 21599 Mishawaka Road Grand Rapids, MN 55744 C�-r(pF ORONO RE: Petroleum Tank Release Site File Closure Site: Susan Stoker Property, 465 Spring Hill Road, Orono, Hennepin County, 55323 Site ID#: LEAK00017481 Dear Ms. Stoker: We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) staff has determined that your investigation and/or cleanup has adequately addressed the petroleum tank release at the site listed above. Based on the information provided, the MPCA staff has closed the release site file. Closure of the file means that the MPCA staff 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 staff 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 make additional work necessary. If you or other parties discover additional contamination (either petroleum or nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. You should understand that this letter does not release any party from liability for the petroleum . contamination under Minn. Stat. ch. 115C (2002) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpetroleum contamination, if present, under Minn. Stat. ch. 115B (2002), 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 for reimbursement, the type of work that is eligible for reimbursement, and the amount of reimbursement available, please contact Petrofund staff at 651-297-1119 or 1-800-638-0418. ��■r St.Paul � Brainerd � Detroit Lakes � Duluth � Mankato � Marshall � Rochester � Willmar 150 YEARS �S1"ATEHOOD 858]�e Ms. Susan Stoker Page 2 � June 17, 2009 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 staff should be notified immediately. 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 Bill 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 call me at 651-757-2331. Sincerely, � Andre dy Proj M ager Petroleum an Closed Landfill Section Remediation Division AJE:tf cc: Lin Vee, City Clerk, Orono Dave Jaeger, Hennepin County Solid Waste OfFicer � Donovan Hannu, DPRA Inc. Nlinnesota Department of Commerce Petrofund Staff Christine Mattson To: Subject: 465 Spring Hill Road Alan Birk and/or Lindsey: Thank you for contacting the City of Orono with your questions regarding 465 Spring Hill Road. Can properties around above said property be subdivided? In order to subdivide any property it has to have, at a minimum, twice the land (high and dry) and meet the � minimum width requirement for that zoning district, not including water or wetland. � h h use is a tear down and rebuild. What are the setbacks? T e feet from the lake/wetland or average lakeshore setback, whichever is greater. Side yard is 30 feet. Rear '� setback is 50 feet. There is no front yard on a lakeshore lot. Can there be a studio/guest house on this lot? This property is zoned RR-1 B, 2 acre lot minimum. If a detached accessory structure were to be constructed on this property there would need to be twice the lot minimum area available. A Conditional Use Permit (CUP) would need to be applied for ($600 application fee, approximately a three month process). For point of sale septic requirements, please call our Septic Inspector, Willie Gibbs at 952-249-4626. Chvis�ivi.8 Mattsovv Planning Assistant City of Orono 952.249.4620 - Planning &Zoning 952.249.4600 - Main 952.249.4616 - Fax www.ci.orono.mn.us .......................................................................... .......................................................................... Office Hours: Monday- Friday 8:00 am to 4:30 pm .......................................................................... .......................................................................... Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box 66 Crystal Bay, MN 55323-0066 1