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Home My WebLink AboutMPCA - Tank release problem Minnesota Pollution Control Agency �� August I5, 1997 ��rG� �� \991 Mr. Win Stephens t� � ��Np 1071 Country Road 92 \� �F Maple Plain, Minnesota 55359 G RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: 3770 Bayside Road,Orono Site ID#: LEAK00010641 Dear Mr. Stephens: Notice of Release The Minnesota Pollution Control Agency(MPCA) has been informed that a release of petroleum has occurred from storage tank facilities which you own and/or operate. We appreciate 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, investigate the release and, if necessary, clean up the release. 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. If you believe that you are not legally responsible for this storage tank release, please contact the project manager listed below. 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 eligibie ior reimbursement for a major portio;�oi tre costs of corrective action. The legislatur�has esta�lishPd the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is administered by the Petro Board which is part of the Minnesota 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 Petrofund staff at 612/297-1119 or 612/297-4203. Request to Take Corrective Action The MPCA staff requests that you take steps to investigate and, if necessary, clean up the release in accordance with the enclosed MPCA fact sheets. The site investigation must fully define the extent and magnitude of the soil and/or ground water contamination caused by the release.- A report(excavation report and/or remedial investigation/corrective action design(RI/CAD))which details the results of the investigation or concludes that excavation was sufficient to clean up the release 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 amount of work needed at the petroleum release site(s). 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612)296-6300 (Voice); (612)282-5332 (TTY) Regional Offices: Duluth•Brainerd• Detroit Lakes• Marshall• Rochester Equal Opportuniry Employer•Printed on recyded paper containing at least 20�o fibers from paper recycled by consumers. Mr. Win Stephens Page 2 August 15, 1997 Sites with free product(free-floating petroleum), drinking water supply impacts, surface water impacts, indoor vapor 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,an RI/CAD report must be submitted within 90 days. In addition, if you know or discover that there is free-product from 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 Petrofund staff that has experience in conducting petroleum release site investigations and in propqsing and implementing appropriate corrective actions. A list of registered contractors and consultants is available from the Petrofund staf£ 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. R. 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 Petrofund staff. Required Response MPCA staff requests a response to this letter within 30 days. Please tell us whether you intend to proceed with the requested work. 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. Failure to cooperate with the MPCA in a timely manner may result in reduced reimbursement from the Petro Board. See Minn. R. 2890.0065, subp. l, item C. 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. If you are calling long distance,you may reach the MPCA St. Paul office by calling 1/800-657-3864. Sincerely, � J�V� �` '� ,. Chris L. McLain ' Project Manager Cleanup Unit I Tanks and Emergency Response Section CLM:raf Enclosures cc: Dorothy Hallin, City Clerk, Orono Greg Lie, Hennepin County Solid Waste Officer Tom Green, Applied Engineering, Wayzata Minnesota Pollution Control Agency .�.�,�.�.:��a.��,� �. �� February 5� 1998 .�,;��.._� .; ..;.. L'EI�'CIFT�D MAIL �Tuluv�cE1PT�QuESTED �� 6199� �,`n4 Si�+(� Mr. Win Stephens ' ' 1071 County Road 92 Maple Plain, Minnesota 55359 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: Stephens Property, 3770 Bayside Road, Orono Site ID#: LEAK00010641 Dear Mr. Stephens: On August 12, 1997, the Minnesota Pollution Control Agency(MPCA)staff was notified that a release of petroleum occurred from storage tank facilities that you own and/or operate at the site referenced above. A recent review of the MPCA files indicates that we have not heard from you whether you intend to investigate and if necessary, cleanup the petroleum contamination at this site. The MPCA again asks that you respond verbally or in writing to this letter and describe the status of your investigation and/or cleanup, or explain why no action has been taken. You must respond within 60 days of receipt of this letter. Failure to do so may result in reduced reimbursement from the Petrofund and/or enforcement action taken against you by the MPCA. If you have questions regarding the actions requested by the MPCA, or if you conclude that the release is not from any tank which you have owned or operated, please call me at 612/297-8580. Otherwise, I look forward to receiving your reply. Sincerely, � �� _ Chris McLain Project Manager Cleanup Unit I Tanks and Emergency Response Section CLM:Ih cc: Tom Greene, Applied Engineering, Wayzata Dorothy Hallin, City Clerk, Orono Greg Lie, Hennepin County Solid Waste Officer 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (Voice); (612) 282-5332 (TTY) Regional Offices: Duluth • Brainerd• Detroit Lakes• Marshall • Rochester L��.:I J�� .ra!y i_n��l��:r•I'i i1��,�1��n i r,/r.�t:::i�t�)�r C��c,i v�.?j;t'-,..., :'�;� �.y.i.s Lu'.��i;��x?f f�,(,yCl.al i;j n�.... . n� Minnesota Pollution Control Agency �� February 3, 1999 Mr. Win Stephens 1071 County Road 92 Maple Plain, Minnesota 55359 RE: Petroleum Tank Release Site File Closure Site: Stephens Property, 3770 Bayside Road, Orono Site ID#: LEAK00010641 Dear Mr. Stephens: We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Site Remediation Section(SRS) 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 SRS staff has closed the release site file. Closure of the file means that the SRS 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 SRS staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information or changing regulatory requirements 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 (Supp. 1997) 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 (1996), the Minnesota Superfund Law. Because you performed the requested work,the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which may provide partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Department of Commerce Petro Board. Specific eligibility rules are available from the Petro Board at 651/297-1119 or 651/297-4203. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300(Voice); (612)282-5332 (TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on recycled paper containing at least 20%fibers from paper recycled by consumers. Mr. Win Stephens Page 2 February 3, 1999 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 SRS File Request Program at 651/297-8499. The MPCA fact sheet#3.35 Leak/Spill and Underground Storage Tank File Request Form (August 1997)must be completed prior to arranging a time far fiie 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 651/297-8580. Sincerely, . / . � Chris McLain �(�.Project Manager Site Remediation Section Metro District CLM:Ih cc: Dorothy Hallin, City Clerk, Orono Phil Eckhert, Hennepin County Solid Waste Officer Tom Greene, Applied Engineering, Wayzata Minnesota Department of Commerce Petrofund Staff