4600 Slater Rd - MPCA 15-12-11Minnesota Polluti®n Contr®l Agency
520 Lafayette Road North I St: Paul, Minnesota 55155-4194 1651-296-6300
800-657-3864 1 651-282-5332 TTY I www.pcastate.mn.us I Equal Opportunity Employer
December 11, 2015
Mr. Troy Batzel
Kwik Trip
1626 Oak St
LaCrosse, WI 54603
RE: Storage Tank Release Investigation and Corrective Action
Site: Kwik Trip 179, 4600 Slater Rd, Eagan, Dakota County 55122
Site ID#: LEAK 19964
Dear Mr. Batzel:
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has been informed that release has occurred or
contamination has been encountered from storage tanks and/or storage tank facilities that you own and/or
operate. The MPCA appreciates your timely notification so this site can be handled in an efficient manner.
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(s) 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 (2014). For releases of other substances, a person is considered legally responsible if
the substance discharged. was under the control of the person at the time of the discharge or release. if you
believe that you are not legally responsible for this storage tank release; please contact the project
manager listed below.
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 di'sturbeo even if they are not legally responsible for
the storage tank release(s). Developers and other interested parties must also incorporate appropriate
response actionsto prevent the further spreading of contamination. To receive MPCA review and approval of
proposed response actions; please contact the Petroleum Brownfields Program at 651=296-6300 or at
800-657-3864, or visit their website at htt6://www.pca.state.mn.us/foyp80a. If petroleum contamination is
encountered. during development work, the Minnesota State Duty Officer should be notified immediately.
Request to Take Corrective Action
The MPCA requests that you take steps to investigate, and if necessary, clean up the releases)/contamination
in accordance with MPCA guidance documents. The site investigation must fully define theextent 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 website: http://www.pca.state:mn:6s/isri80e. For sites contaminated by pollutants other than
petroleum, contact the MPCA Projectmanager listed below to discuss the investigation and reporting timeline
that will be required for your site.
Mr. Troy Batzel
Page 2
December 11, 2015
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 priority, please contact the MPCA
project manager listed below.
Please review your insurance plan and contact your insurance carrier immediately after receiving this letter.
Your insurance may cover this release. However, your insurance coverage may be affected by how quickly
you notify your carrier.
Reimbursement for Petroleum Site Investigations
In 1987, the legislature established the Petroleum Tank Release Compensation. Fund (Petrofund) to
reimburse some responsible persons and volunteers (i.e., property owners not responsible for releases)
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 contact Petrofund staff at 651-539-1515 or
800-638-0418 (in greater Minnesota only), or review the information available at.the following website at
http:Hmh.gov/commerce/topics/Petrofund/. 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 environmental consulting
firm to help you investigate and clean up.the contamination.on your site. A qualified consulting firm should
have experience in performing investigations of contaminated sites and in developing and implementing'
corrective actions. For petroleum investigations, the consultant must be registered with the Petro Board. if
you wish to have your costs considered for reimbursement. A list of registered contractors is available from
the Petrofund staff. Please note that, under the Petro Board's rules, (see Minn. R. ch. 2890), 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. Again, the MPCA strongly 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. If you .do not respond within. this time frame, the MPCA will assume
that you do not intend to comply. In this case, the MPCA Commissioner may issue an enforceable order
Mr. Troy Batzel
Page 3
December 11, 2015
that will require you, as responsible party, 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. ch. 2890. If you
do not cooperate, the MPCA has the option of taking the corrective actions on your behalf and recovering
its costs from you.
If you have any questions concerning this letter or need additional information, please contact me at
651-757-2502 or e-mail mark.koplitz@state.mn.us. Please reference the above LEAK # in all correspondence.
If you are calling long distance, you may reach the MPCA by calling 800-657-3864.
Sincerely,
r Mark Koplitz
Project Manager
Petroleum Remediation & Redevelopment Section
Remediation Division
MEK:kg
Enclosures
cc: Christina Scipioni, Clerk, City, of Eagan'
Michael Scott, Fire Chief, City of Eagan
Georg Fischer, Environmental Resources Director, Dakota County
Kevin Nestigen, Braun Intertec, La Crosse, WI