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Home My WebLink About1987 - MPCA SEP 2 1987 ,fix '. tl 1$4 16 14 Minnesota Pollution Control Agency Ak- CERTIFIED MAIL RETURN RECEIPT REQUESTED SEP 2 5 1987 Mr. William Wear 2160 Wayzata Boulevard P.O. Box 306 Long Lake, Minnesota 55356 Dear Mr. Wear: Re: Petroleum Storage Tank Release Investigation and Corrective Action Site: Little Oak Food Market, Orono, Minnesota Site ID #: LEAK000000147 The Minnesota Pollution Control Agency (MPCA) has reason to believe that a release of petroleum has occurred from storage tank facilities for which you are responsible. The first report of the release was made to MPCA staff on April 1, 1987. The tank facilities are located at: 2160 Wayzata Boulevard Orono, Minnesota Federal and State laws require that persons responsible for storage tank releases notify the MPCA of the release, investigate the extent of the threat to public health, welfare or the environment caused by the release and take actions needed to ensure that the release is cleaned up and the public health, welfare or the environment protected. We are aware an initial investigation has occurred, however, no data has been forwarded to the MPCA. The MPCA needs a committment from you, in the form of an agreement to proceed with the necessary corrective action, to resolve the problem at your facility. In addition, the Petroleum Tank Release Cleanup Act requires that a person owning or operating a tank at any time during or after a release furnish to the MPCA Commissioner any information that person may have or may reasonably obtain that is relevant to the release. Phone:— 520 Lafayette Road, St. Paul, Minnesota 55155 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer • Mr. William Wear Page Two SEP 2 5 1987 Enclosed please find the following: - Agreement to Proceed - "Contents of a Petroleum Tank Release Investigation Report" You are asked to sign the enclosed Agreement to Proceed by September 30, 1987. If you do sign the agreement and remain in compliance with its terms: - your willingness to proceed will be documented. - the MPCA will not issue a formal order to you to undertake the required investigation. - the MPCA will not take the required investigation itself, and will not seek to recover its investigative costs from you by legal action. - the MPCA will review your plans and reports and will comment on your recommended investigations. We may suggest or require changes to ensure adequate investigation and corrective action. If you do not sign the enclosed Agreement to Proceed: - the Commissioner of the MPCA may formally order you to take the required actions. Failure to comply with a formal order is a violation of State law. - the MPCA may take the required actions itself and recover the costs from you through legal action commenced by the Attorney General . - the MPCA may request the Attorney General to commence a legal action to compel you to take the required actions. As you review the Agreement to Proceed with your attorney and consultant you may wish to propose minor modifications to the MPCA Project Leader. Any such modifications shall not be effective until accepted by the MPCA Project Leader. Please note that Part I of the ("Minimum Contents statement") poses a number of questions regarding your facility. You should answer these questions in regard to 2140 and 2160 Wayzata Boulevard and send the required information to the project leader for your site, no later than 15 working days after your receipt of this letter. Nothing prohibits you from taking investigative or corrective actions more quickly than is required by the Agreement to Proceed as long as you are in compliance with the notification requirements of paragraph II of the Agreement. Nothing prohibits you from exceeding the requirements for investigations and correc- tive actions described by the enclosed . The MPCA may require additional investigation, corrections or information regarding the site, if the information generated by the Remedial Investigation or new infor- mation from another source indicates that additional work is needed . Mr. William Wear Page Three The MPCA project leader for your site is David Dally. You can reach this project leader by telephone at 612/296-8572. Correspondence should be addressed to: David Dally Minnesota Pollution Control Agency Tanks and Spills Section Hazardous Waste Division 520 Lafayette Road North St. Paul , Minnesota 55155 Please feel free to contact the project leader at any time you need information or assistance in these matters. If there are other parties who may be responsible for the release, please provide their names and current addresses and relevant information to the project leader. Thank you. Sincerely, edtAAAWIS. 114 David W. Dally Project Leader Tanks and Spills Section Hazardous Waste Division DWD:jcj Enclosures cc: Mary Wurzer, City of Long Lake Arlo Van Devegte, City of Long Lake Mark Berhardson, City of Orono Tom Jacobs, City of Orono J JAN - 8 X88 !+ ... 1._________jd Minnesota Pollution Control Agency 49;1 CERTIFIED MAIL RETURN RECEIPT REQUESTED December 29 , 1987 Mr. Randy Kinny Q. Petroleum 8148 Pillsbury Avenue Minneapolis, Minnesota 55420 Re: Petroleum Storage Tank Release Investigation and Corrective Action Site: Little Oak Food Market, Orono, Minnesota Site ID #: LEAK00000147 Dear Mr. Kinny: The Minnesota Pollution Control Agency (MPCA) has reason to believe that a release of petroleum has occurred from storage tank facilities for which you are responsible. The first report of the release was made to MPCA staff on April 1, 1987. The tank facilities are located at: 2160 Wayzata Boulevard Orono, Minnesota Federal and State laws require that persons responsible for storage tank releases notify the MPCA of the release, investigate the extent of the threat to public health, welfare or the environment caused by the release and take actions needed to ensure that the release is cleaned up and the public health, welfare or the environment protected. We are aware that an initial investigation has occurred, however, the results have not been submitted to us. The MPCA needs a commitment from you, in the form of a Letter of Intent to Proceed with the necessary corrective action, to resolve the problem at your facility. In addition, the Petroleum Tank Release Cleanup Act requires that a person owning or operating a tank at any time during or after a release furnish to the MPCA Commissioner any information that person may have or may reasonably obtain that is relevant to the release. Phone: 520 Lafayette Road, St. Paul, Minnesota 55155 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer Mr. Randy Kinny Page Two You are asked to sign the enclosed Letter of Intent to Proceed and return it to me by January 18, 1988. If you do sign the letter and remain in compliance with its terms: - your willingness to proceed will be documented. - the MPCA will not issue a formal order to you to undertake the required investigation. - the MPCA will not take the required investigation itself, and will not seek to recover its investigative costs from you by legal action. - the MPCA will review your plans and reports and will comment on your recommended investigations. We may suggest or require changes to ensure adequate investigation and corrective action. If you do not sign the enclosed Letter of Intent to Proceed: - the Commissioner of the MPCA may formally order you to take the required actions. Failure to comply with a formal order is a violation of Federal and State law. - the MPCA may take the required actions itself and recover the costs from you through legal action commenced by the Attorney General . - the MPCA may request the Attorney General to commence a legal action to compel you to take the required actions. As you review the Letter of Intent to Proceed with your attorney and consultant you may wish to propose minor modifications to the MPCA. Any such modifications shall not be effective until accepted by the MPCA Project Leader. Nothing prohibits you from taking investigative or corrective actions more quickly than is required by the Letter of Intent to Proceed as long as you are in compliance with the notification requirements of paragraph VIII of the Letter. In addition, nothing prohibits you from exceeding the requirements for investigations and corrective actions described by the enclosed. The MPCA may require additional investigation, corrections or information regarding the site, if the information generated by the Remedial Investigation or new information from another source indicates that additional work is needed. If, during the course of your investigation, you determine that the release in question is not from your tank(s) and that your tanks are not leaking, the MPCA may authorize you to stop the investigation. I am the assigned project leader for this site. Please feel free to contact me at 612/296-7322 if you need to discuss this case. Please address all Mr. Randy Kinny Page Three correspondence as follows: Kenneth C. LeVoir Minnesota Pollution Control Agency Tanks and Spills Section Hazardous Waste Division 520 Lafayette Road North St. Paul , Minnesota 55155 A similar letter regarding this situation has been sent to: Mr. William Wear If there are other parties who may be responsible for the release, please provide their names and current addresses and relevant information to me. Thank you. Sincerely, el/f;Kenneth C. LeVoir Project Leader Tanks and Spills Section Hazardous Waste Division KCL/pfp Enclosures: Letter of Intent to Proceed Contents of Investigation Report Petroleum Tank Release Cleanup Act cc: Mary Wurzer, City of Long Lake Arlo Van Devegte, City of Long Lake irk Bir card=son; City 6rOron "' Tom Jacobs, City of Orono o- Letter of Intent to Proceed with Petroleum Tank Release Investigation Site Name Little Oak Food Market Date December 29 , 1987 Address 2160 Wayzata Boulevard Site I.D. # LEAK00000147 City Orono, Minnesota I. Intent to Proceed The Undersigned, by signing this Letter of Intent to Proceed, agree to conduct remedial investigations which will provide the information outlined in the attached "Contents of Petroleum Tank Release Investigation Report" (PTR). By signing this Letter of Intent to Proceed the Undersigned neither admit nor deny that they are responsible for the release of petroleum from a tank. II . Facility Information The Undersigned agree to submit the information required by Part I of the PTR by January 18, 1988 unless the MPCA Project Leader agrees that the information is unnecessary. III . Remedial Investigation Plan By January 25, 1988 the Undersigned agree to submit a work plan which details the activities proposed in the Remedial Investigation (RI) as required by Part II of the PTR. -2- IV. Free Product Investigation The Undersigned agree to determine whether free petroleum products exist floating on the surface of ground water beneath the site by the procedures _ described in Part II of the PTR. V. Free Product Removal Report The Undersigned agree to notify the MPCA Project Leader within 24 hours and submit a Free Product Removal Report to the MPCA Project Leader within 30 days of the discovery of any free petroleum product floating on the surface of the ground water beneath the site. This report will contain at least the following: 1. The name of the person(s) responsible for implementing the plan; 2. The estimated quantity and type of product on site and the product thickness in wells, boreholes, and excavations; 3. Details of the product recovery system; 4. Whether any discharge will take place on or off site during the recovery operation; 5. The type of treatment and expected effluent quality from any discharge; and 6. The disposition of the recovered product. VI . Free Product Removal The Undersigned agree to remove free floating petroleum product from the surface of the ground water to the maximum extent practicable while -3- continuing the RI . In meeting the requirements of this paragraph the Undersigned agree to conduct free product removal in such a manner that such actions do not spread contamination into previously uncontaminated areas through untreated discharge or improper disposal techniques and to handle any flammable or ignitable products in a legal , safe, and competent manner to prevent fires or explosions. VII. Remedial Investigation Report By April 1, 1988 the Undersigned agree to submit a RI report containing the RI information and corrective action plan as described in Parts II and III of the PTR. VIII . Notification of Key Events The Undersigned agree to notify Kenneth LeVoir, the MPCA Project Leader, via telephone of key events relating to the RI. Notice should be given as soon as possible after an event is scheduled or rescheduled. Key events may include, but are not limited to: - Tank and line integrity testing - Soil borings and/or sampling - Monitoring well installation - Monitoring well sampling - Product recovery - Tank repair, removal , or lining - Soil excavation -4- The undersigned agree to notify the MPCA Project Leader and the local fire marshal at least three (3) full working days prior to tank repair, removal or lining. IX. New Release Notifications The Undersigned agree to notify the MPCA staff within one working day of discovery of: new releases; previously unknown releases; or previously unknown environmental or health and safety threats arising from releases at the site. The notifications shall be made via telephone call to the MPCA Project Leader at 612/296-7322 and followed within five (5) working days by written notification to the Project Leader: Kenneth C. LeVoir Minnesota Pollution Control Agency Tanks and Spills Section Hazardous Waste Division 520 Lafayette Road North St. Paul , Minnesota 55155 X. Reporting In addition to the submittals described above the undersigned agree to submit progress reports to the MPCA staff at intervals agreed upon by staff and undersigned. -5- These progress reports will describe the investigative and corrective actions taken in the preceding reporting period and describe actions planned for the next reporting period. The progress reports may be in a letter, report, or other written format and shall include data generated during the reporting period. XI. Corrective Actions If necessary, the undersigned will be required to implement the Corrective Action Plan described in Part III of the PTR or be subject to the statutory penalties for non-compliance. XII. Cessation of Remedial Investigation If during the RI, it becomes evident that the release in question did not originate from the responsible party's site, the evidence should be submitted to the MPCA Project Leader who may authorize a cessation of the RI and suspension of agreement. The MPCA may use the information to continue the investigation or to identify the actual responsible party. XIII . Signatures 1) Signature Name Typed/Printed Date relationship to the site, (e.g. owner, operator, past owner, etc. ) -6- 2) Signature Name Typed/Printed Date relationship to the site 3) Signature Name Typed/Printed Date relationship to the site Accepted by MPCA Project Leader Signature Date Accepted