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Home My WebLink AboutMPCA ltr re storage tank �w��v� Minnesota Poliution Control Agency �''� 520 Lafayette Road North � St.PauI,MN 55155-4194 � 651-296-6300 � 800-675-3843 � 651-282-5332 TTY � www.pcastate.mn.us June 23, 2009 ��'��' - �.6��'/ � . � Mr. Shane Walgamulch ' b �� 3925 Ex�els or Blvd., Suite 5 ��FO/�0 Minneapolis, MN 55416 NO RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: Shane Homes Property, 2933 Casco Point Road, Orono, Hennepin County 55391 Site ID#: LEAK 17628 Dear Mr. Walgamulch: �Notice of Release Tl�e Minnesota Pollution Control Agency(MPCA)has bee�� ir�farmed that a re�ease of petroleum has occurred from storage tanks and/or storage tank facilities that were previously located on your property. The MPCA further understands that you have volunteered to take corrective actions to address this release. The MPCA appreciates your assistance in this matter. The purpose of this letter is to explain your eligibility for Petrofund reimbursement and to outline the actions that the MPCA staff request that you take. Legal Obligations 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 and/or 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. See Minn. Stat. §115C.021 (2008). Request to Take Corrective Action The MPCA staff is requesting you to take the steps necessary to investigate and, if necessary, clean up the release in accordance with MPCA guidance documents. The Site investigation must fully define the extent and magnitude of the soil and/or groundwater contamination caused by the release(s)/contamination. Unless your site is considered "high priority"(see below), you must submit a report to the MPCA 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. Guidance documents and related information are located at the following web site: http://www.pca.state.mn.us/programs/lust�.htmi. The MPCA considers certain site conditions as high priority, including 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, and sites where petroleum or other vapors have been detected within structures or that pose fire or explosion hazards. If one or more of these situations apply to your site, you must submit an Investigation Report Form (refer to guidance documents)to the MPCA 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, excavation, or borehole,you must notify the MPCA immediately of such a release and as rapidly and thoroughly as possible begin interim free product recovery(refer to guidance documents). If you have any question as to whether your site is high pr�iority, please contact the MPCA project manager listed below. St.Paul � Brainerd � Detroit Lakes � Duluth � Mankato � Marshall � Rochester � Willmar � Printed on 100%post-consumer recycled paper Mr. Shane Walgamulch Page 2 Reimbursement for Petroleum Sites Altl�ough you are not a responsible person for the release pursuant to state law, you hold legal or equitable title to the property where the release occurred, and may therefore volunteer to take corrective action. [n 1987, the legislature established the Petroleum Tank Release Compensation Fund (Petrofund) � to reimburse some responsible persons and volunteers 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. To learn more about the Petrofund reimbursement program and to ensure you are eligible for reimbursement, please contact Petrofund staff at 651/215-1775 or 1/800-638-0418 (in greater Minnesota only) prior to incurring costs at the Site. The MPCA strongly encourages you to familiarize yourself with the program requirements in order to maximize the available reimbursement. Please be aware that Petrofund reimbursement determinations are made by Petrofund staff at the Department of Commerce. The determinations are based on whether or not the work performed at a leaksite was necessary for investigation and corrective action, which is determined by MPCA staff; and whether or not the costs for that work were reasonable, which is determined by Petrofund staff. If you have not already done so, the MPCA recommends that you hire a qualified consulting firm to help you investigate and cleanup the contamination on your site. A qualified consulting firm should have experience in conducting investigations of contaminated sites and in developing and implementing corrective actions for petroleum investigations. The consultant must be registered with the PetroBoard if you wish to have your costs considered for reimbursement. A list of registered contractors and consultants is available from the Petrofund staf£ Please note, under the PetroBoard's rules, Minn. R. 2890 (2008), 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 two written competitive contractor bids must also be obtained for each contractor service. The MPCA encourages you to contact Petrofund staff for answers to all of your questions about bidding and the other Petrofund reimbursement program requirements. Required Response � Notify the MPCA within 30 days to indicate whether you intend to proceed with the investigation and/or corrective action. MPCA guidance documents will provide you with the information necessary to comp(ete a successful investigation and cleanup. 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. Sincerely, �� rt�'l�W►�-i ,� Andrew Eddy Project Manager Petroleum and Closed Landfill Section Remediation Division AJE:Is Enclosures cc: Lin Vee,Clerk,Orono Dave Jaeger, Hennepin County Solid Waste Officer Adam Zobel, American Engineering Testing ��.+�'.�--a � �..�. :� Minnesota PoElut�on Cantrol Agency ` ' �.��,,. 520 Lafayette Road North � St.Paul,MN 55155-4194 � 651-296-6300 � 800-657-3864 � 651-282-5332 TTY � www.pca.state.mn.us February 10, 2010 Mr. Shane Walgamutch Mr. Heath Farwell Shane Homes Ms. Julie Farwell 3925 Excelsior Blvd Ste 5 5920 Maplewood Lane Minneapolis, MN 55416 Minnetonka, MN 55345 RE: Petroleum Tank Release Site File Closure Site: 2933 Casco Point Road, Orono Site ID#: LEAK00017628 Dear Mr. Walgamutch and Mr. and Ms. Farwell: We are pleased to let you know that the Minnesota Pollution Control Agency(MPCA) Petroleum Remediation Program (PRP) 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 PRP staff has closed the release site file. Closure of the file means that the PRP 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 PRP 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/ar cleanup work if new information or changing regulatory requirements make additional work necessary. If you or other parties discover additional contamination (either petroleum or non-petroleum)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. 1 l5C (2008)or any other applicable state or federal law. In addition, this letter does not release any party from liability for non-petroleum contamination, if present, under Minn. Stat. ch. 115B (2008), 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 65 l-297-1 I 19 or 1-800-63 8-0418. St.Paul � Brainerd � Detroit Lakes � Duluth � Mankato � Marshali � Rochester � Willmar � Printed on 100%post-consumer recyded paper "An equal opportunity employer" Mr. Shane Walgamutch Mr. Heath Farwell Page 2 February 10, 2010 If future development of the site or the surrounding area is planned, state law requires that persons properly manage contaminated soil and water they uncover or disturb -even if they are not the party responsible for the contamination. For some properties, special construction may also be needed to prevent the further spreading of the contamination and/or to prevent petroleum vapors from entering buildings or utility corridors. The MPCA Petroleum Brownfields Program can assist with reviews and approvals of Development Response Action Plans required to address environmental risk from petroleum contamination. If contamination is encountered during development work, contact the MPCA immediately. For specific information regarding petroleum contamination that may remain at this leak site, please call the Petroleum Remediation File Request Program at 651-757-2799 or 651-757-2309. The MPCA fact sheet Request to Bill for Services Performed must be compieted 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 Mark Koplitz at 651-757-2502 or site hydrogeologist John Kaehler at 651-757-2480. Sincerely, / � � ' ��.� �� _-�,:.--- �� - � . Mark Koplitz `-,j`� John Kaehler Project Leader Hydrogeologist Petroleum and Closed Landfill Section Petroleum and Closed Landfill Section Remediation Division Remediation Division MK:tf cc: Lin Vee, City Clerk; Orono Dave Jaeger, Hennepin County Solid Waste Officer Mark Keefer,AMEC Geomatrix, Inc., Minnetonka Adam Zobel,American Engineering Testing, Inc. St. Paul Minnesota Department of Commerce Petrofund Staff