HomeMy WebLinkAboutRe: petroleum tank release t,
Minnesota Pollution Control Agency
S F P 1 1993
September 13, 1993
Mr. William Stempel
425 Turnham Road
Maple Plain, Minnesota 55359
Dear "Mr. Stempel:
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: William Stempel Residence, 425 Turnham Road, Maple Plain
Site ID#: LEAK00006511
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has received notification that a
release of petroleum has occurred from storage tank facilities which you own
and/or operate that has resulted in contamination of soil and/or ground water.
Legal Obligations
Federal and state laws require that persons legally responsible for storage
tank releases notify the MPCA of the release, investigate the extent of the
release and take actions needed to ensure that the release is cleaned up. A
person is considered legally responsible for a 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 (1992). If you believe
that you are not legally responsible for this storage tank release, please
submit a written explanation of your position to the MPCA within 30 days.
If you are not legally responsible for the release, but hold legal or equitable
title to the property where the release occurred, you may volunteer to take
corrective action. Responsible persons and volunteers who take corrective
action may be eligible for reimbursement for a major portion of the costs of
corrective action. The legislature has established the Petroleum Tank Release
Cleanup Account to reimburse responsible persons and volunteers. The account
is administered by the Petroleum Tank Release Compensation Board (Petro Board)
which is part of the Department of Commerce. Final decisions regarding the
amount of reimbursement are made by the Petro Board. All questions about
eligibility and reimbursement should be directed to the Petro Board at
612/297-1119 or 612/297-4203.
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Mr. William Stempel
Page 2
September 13, 1993
Request to Take Corrective Action
The MPCA staff is requesting you to take the steps necessary to investigate and
clean up the release in accordance with the enclosed MPCA fact sheets. The
MPCA requires that you conduct a site investigation to define the full extent
and magnitude of the soil and/or ground water contamination caused by the
release. A report which details the results of the investigation or concludes
that excavation was sufficient to address the release for cleanup (Excavation
Report and/or Remedial Investigation/Corrective Action Design) must be
submitted to this office within 10 months of the date of this letter. Please
refer to MPCA fact sheets for information pertaining to the degree of
investigative work necessary at petroleum release sites.
Sites with free product, drinking water supply impacts, fire or explosion
hazards, or ground water impacts which pose a significant threat to public
health or the environment, are considered high priority for staff review. If
one or more of these situations apply to your site, a Remedial
Investigation/Corrective Action Design report must be submitted within 90 days.
In addition, if you know or discover that there is free-floating petroleum in a
well, excavation, or borehole, you must notify the MPCA within 24 hours and
IMMEDIATELY begin interim free product recovery.
If you have not already done so, the MPCA recommends that you hire a qualified
consulting firm registered with the Petro Board that has experience in
conducting petroleum release site investigations and in proposing and
implementing appropriate corrective actions. A list of registered contractors
is available from the Department of Commerce. The MPCA reserves the right to
reject proposed corrective actions if the requirements of the site
investigation have not been fulfilled. Please note that, under Minn. Rules pt.
2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on
a form prescribed by the Petro Board to ensure that the consulting costs are
reasonable. Questions about bidding requirements should be directed to Petro
Board staff.
Required Response
MPCA staff requests a written or verbal response to this letter within 30 days.
In your response, please tell us whether you intend to comply with the above
requirements. If you do not respond within this time frame, the MPCA staff
will assume that you do not intend to comply, in which case the MPCA
Commissioner may order you to take corrective action. If you do not comply
with the Commissioner's order, it may be enforced in court or, alternatively,
the MPCA could use state funds to clean up the release and then request the
Attorney General to recover its costs from you through legal action. Failure
to cooperate with the MPCA in a timely manner will also result in reduced
reimbursement from the Petro Board. See Minn. Rules pt. 2890.0065, subp. 1,
item C.
Mr. William Stempel
Page 3
September 13, 1993
The enclosed fact sheets will provide you with the information necessary to
complete a successful investigation and cleanup.
If you have any questions concerning this letter or need additional
information, please contact me at 612/297-8580. Please reference the above
LEAK # in all correspondence.
Sincerely,
hris L. McLain
Project Manager
Tanks and Spills Section
CM:nh
Enclosures
cc: Donald E. Loebrick, City Clerk, Maple Plain
Ray McCoy, Fire Chief, Maple Plain