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3575 Pilot Knob Rd - Ltr 2010-12-30 MPCA re Petroleum Tank ReleaseMinnesota Pollution Control Agency December 30, 2010 Mr. Brian Carnes Premier Banks 2866 White Bear Ave. N. Maplewood, MN 55109 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: Sixty One Stop, 3575 Pilot Knob Road, Eagan, Dakota County 55122 Site ID#: LEAK 18280 Dear Mr. Carnes: 520 Lafayette Road North St. Paul, MN 55155-4194 1 651 - 296 -6300 1 800- 657 -3864 651- 282 -5332 TTY 1 www.pca.state.mn.us v� .6 w. 0.47 - i,✓ tiY ti{ .fi Notice of Release The Minnesota Pollution Control Agency (MPCA) has been informed that a release 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. It is likely that your completion of a Limited Site Investigation would be sufficient to bring this site to closure. 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 (2009). If development of this property or the surrounding area is planned, State laws require that persons properly manage contaminated soil and/or water uncovered or disturbed even if they are not legally responsible for the storage tank release(s). Developers and other interested parties must also incorporate appropriate response actions to prevent the further spreading of contamination. To receive MPCA review and approval of proposed response actions, please contact the Petroleum Brownfields Program (PBP) at 651- 296 -6300 or at 1- 800 - 657 -3864, or visit their Web site at fu p: / /www.pca.state.mn.us /index.php/ waste / waste - and - cleanup /cleanup - programs- and- topics /cleanup erol ams / etroleum- brownfields -. ro l ram.html ?menuid= &missin =0 &redirect° 1. If petroleum contamination is encountered during development work, the Minnesota State Duty Officer should be notified immediately. St. Paul 1 Brainerd 1 Detroit Lakes 1 Duluth 1 Mankato 1 Marshall 1 Rochester 1 Willmar 1 Printed on 100% post- consumer recycled paper 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 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/index,php/ waste / waste- and - cleanup /cleanup- programs- and topics /cleanup programs/ petroleum - remediation- program / petroleum- remediation- program.html. 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 Mr. Brian Carnes Page 2 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 priority, please contact the MPCA project manager listed below. Reimbursement for Petroleum Site Investigations Although 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. In 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 leak site 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 staff. Please note, under the PetroBoard's rules, Minn. R. 2890 (2009), 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 Please provide notification to the MPCA by submitting the enclosed Leaksite Ownership Form to the MPCA project manager listed below. The Leaksite Ownership Form must be completed and submitted within 30 days of your receipt of this letter to indicate whether you intend to proceed with the requested investigation and /or corrective action. MPCA guidance documents 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 651- 757 -2838. 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, ary Zarlmg Project Manager Petroleum Remediation Section Remediation Division GWZ:ls Enclosures cc: Maria Peterson, Clerk, Eagan Michael Scott, Fire Chief, Eagan George Kinney, Dakota County Solid Waste Officer Alyssa Boock, MidAmerica Technical and Environmental Services, Oakdale