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Home My WebLink AboutMPCA Project # VP10023 Limited No Action Letter for Soil Minnesota Pollution Control Agency August 27, 2002 , Mr. Maurice J. Wagener `! c� C WJM Properties, LLC C��Y O 12520 Wayzata Boulevard o:= Minnetonka, MN 55305 ��``�. RE: Washington Scientific IV Sit 605 West Wayzata Boule , Orono MPCA Project Number VP10023 Limited No Action Letter for Soil Dear Mr.Wagener: The Minnesota Pollution Control Agency(MPCA) staff in the Voluntary Investigation and Cleanup (VIC)Unit has been requested to provide a No Further Action Determination for releases identified at the former Washington Scientific site, located at the address referenced above (the Site). The MPCA staff in the VIC Unit has reviewed the documents submitted for the Site(Site Documents). The WSI facility was historically used as a contract manufacturer for precision metal components. In 1987, WSI identified chlorinated solvents in the soil and ground water at the Site on the south portion of its facility during the construction of a parking lot expansion. In 1988,WSI installed a ground water pump-out system as a remedy under the MPCA Resource Conservation and Recovery Act(RCRA)Program. The Site was transferred from the RCRA Program to the MPCA VIC Program for regulatory oversight as the Washington Scientific II site(MPCA Project Number VP10021) on August 10, 1998. On July 24, 1999, the MPCA approved a pump-out system shutdown proposal by WSI contingent upon installing additional downgradient monitoring wells and initiating a long term monitoring plan. Contaminants which constitute the identified release in the Site soils for the purposes of this letter(the Identified Release)are tabulated in Attachment B. WJM Properties, LLC (WJM) is proposing to use the Site for the Morrie's Automotive Group for office use, for outside storage and display of vehicles for sale; and for storing vehicles in transit. Based on a review of the information provided to the MPCA, the MPCA staff will not request WJM to conduct further investigation or remediation of the Identified Release at the Site. Furthermore, the MPCA is issuing a determination to take no action under Minn. Stat. §§ 115B.01-115B.18, against WJM with respect to the Identified Release; specifically,the MPCA staff will not refer the Identified Release to the U.S. Environmental Protection Agency for inclusion on the Comprehensive Environmental Response, Compensation and Liability Information System list,to the State Site Assessment staff for preparation of a Hazard Ranking System score,or to the MPCA Commissioner for the placement of the Site on the Permanent List of Priorities. This determination is issued to WJM with respect to the Identified Release and extends to successors and assigns. This determination is subject to the following conditions: 1. An Affidavit for Real Property shall be prepared and submitted to the MPCA for review and approval within 30 days of this letter; 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar;www.pca.state.mn.us Equal Opportunity Employer•Printed on recycled paper containing at least 20%fibers from paper recycled by consumers. Mr.Maurice J.Wagener Page 2 August 27,2002 2. WJM shall cooperate with the MPCA,its employees,contractors,and others acting at the MPCA's direction,in the event that the MPCA takes,or directs others to take,response actions at the Site to address the Identified Release or any other as yet unidentified release or threatened release of a hazardous substance,pollutant, or contaminant,including,but not limited to,granting access to the Site so that response actions can be taken; 3. WJM shall avoid actions that contribute to the Identified Release or that interfere with response actions required under any MPCA-approved response action plan to address the Identified Release; and 4. In the event that any suspected hazardous substances are encountered during any subsurface Site activities(i.e., demolition,grading,redevelopment, etc.),WJM shall notify the MPCA project staff immediately in order to determine appropriate handling, sampling, analysis,and disposal of such wastes. This determination is based solely on the results of the soil investigation conducted on the Site. Due to the limited information regarding the extent of the ground water contamination at the Site,this letter does not address any conclusions or representations regarding the future need for further investigation or response actions relating to ground water. Washington Scientific Industries,Inc.remains responsible for completion of the Site ground water monitoring and any associated remedial actions for ground water. Please be advised that the determination made in this letter is subject to the disclaimers found in Attachment A and is contingent on compliance with the terms and conditions set forth herein,including the submittal and MPCA approval of the Affidavit for Real Property and subsequent filing of this document. If you have any questions about the contents of this letter,please contact Patrice Jensen at(651)297-5573 or Richard Jolley at (651)297-5573. Sincerely, Barbara Jac Supervisor Voluntary Investigation and Cleanup Unit Superf ind Section Majors and Remediation Division BJ/jmp Attachments cc: Dave Jaeger,Hennepin County Department of Environmental Services Dana Wagner,Liesch Associates,Inc. Tom Zappia,Zappia,LeVahn&Heuer,Ltd. Michael Pudil,Washington Scientific Ken Larsen,PEER Environmental Jim White,City of Orono lb ATTACHMENT A STANDARD DISCLAIMERS Washington Scientific JV Site(WJM) MPCA Project Number VP10023 1. Reservation of Authorities The MPCA Commissioner reserves the authority to take any appropriate actions with respect to any release, threatened release, or other conditions at the Site. The MPCA Commissioner also reserves the authority to take such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute to any release or threatened release, or create an imminent and substantial danger to public health and welfare. 2. No MPCA Assumption of Liability The MPCA, its Commissioner and staff do not assume any liability for any release, threatened release or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release, threatened release, or other conditions at the Site, whether the actions taken or omitted are in accordance with this letter or otherwise. 3. Letter Based on Current Information All statements, conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and staff reserve the authority to modify or rescind any such statement, conclusion or representation and to take any appropriate action under his authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. Disclaimer Regarding Use or Development of the Property The MPCA, its Commissioner and staff do not warrant that the Site is suitable or appropriate for any particular use. 5. Disclaimer Regarding Investigative or Response Action at the Property Nothing in this letter is intended to authorize any response action under Minn. Stat. § I I5B.17, subd. 12. Page 1 of 1 ATTACHMENT B IDENTIFIED RELEASE IN SOILS Washington Scientific IV Site(WJM) MPCA Project Number VP 10023 Volatile Organic Compounds Metals Chloroform Arsenic 1,1-Dichloroethane Barium* 1,2-Dichloroethane Cadmium 1,1-Dichloroethene Chromium* cis-1,2-Dichloroethene Mercury trans-1,2-Dichloroethene Lead* cis-1,3-Dichloro ro ene Selenium trans-l,3-Dichloro ro ene Silver* 1,1,1,2-Tetrachloroethane Tetrachloroethene 1,1,1-Trichloroethane Trichloroethene Vinyl Chloride n-But lbenzene sec-But lbenze Isopropyl Benzene n-Propyl Benzene p-Isopropyl Toluene Na hthalane Xylenes (total) Note: * Indicates compound identified in the soil at concentrations which fall in the range typical of background concentrations common in native soils.