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1579 Cliff Rd - MPCA Petroleum Release Letter 2024-01-08MMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North I St. Paul, Minnesota 55155-4194 1 651-296-6300 800-657-3864 1 Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer January 8, 2024 VIA EMAIL Anthony Bell Holiday Stationstores LLC a subsidiary of Circle K Stores Inc 1100 Situs Ct, STE 100 Raleigh, NC 27606-4295 RE: Petroleum Storage Tank Release Site: Circle K Store 2746437, 1579 Cliff Rd, Eagan, Dakota County 55122 MPCA Site ID: LS0022140 Dear Anthony Bell: The Minnesota Pollution Control Agency (MPCA) has learned there was a petroleum tank release at the Site referenced above. As the owner/operator of the tank(s), you are responsible for the contamination caused by the release. According to state law, you must investigate, and if necessary clean up the contamination. Your first step: Complete and submit the enclosed Leak site ownership form within 30 days. If you believe that you are not legally responsible for the release, please contact me immediately. Definition of legally responsible: You are considered legally responsible for a petroleum tank release if you owned or operated the tank either during or after the release, unless specifically exempted under the law. See Minn. Stat. § 115C.021. Next steps: Hire a qualified environmental consulting firm to help you investigate and address the contamination. A site investigation must fully define the extent and magnitude of the soil and/or groundwater contamination caused by the release. Investigation and clean-up guidance documents, standardized report forms, and related information are located on the MPCA website at https://www.pca.state.mn.us/waste/petroleum-remediation-program. Once the investigation is complete, your consultant should summarize the results in an MPCA report form, including a recommendation for additional investigation or monitoring, corrective action, or site closure. If your site is high priority (see below), you must submit the report to the MPCA within 90 days of the date of this letter. For all other sites, you must submit the report within 10 months. High-priority sites have one or more of the following conditions. See guidance document 1-01 Petroleum Remediation Program general policy for detailed descriptions of each condition. If you are uncertain whether your site is high priority, please contact me. • Existing or high risk of drinking water contamination • Existing or high risk of vapor intrusion into occupied buildings or risk of explosive vapor buildup • Surface water impacts t-rem-prp2-01 • LB 1460 • 9115121 Anthony Bell Page 2 January 8, 2024 • Recent or ongoing releases • Petroleum free product Paying for the work: The Minnesota Petrofund helps tank owners, operators, and volunteer property owners pay for the cost of investigating and cleaning up contamination from petroleum tank releases. You will receive a separate mailing from the Minnesota Department of Commerce, which administers the Petrofund, explaining eligibility criteria and how to apply for reimbursement. Please note that applicants are required to use an environmental consulting firm registered with the Petrofund and obtain written competitive bids. Read the Petrofund mailing thoroughly so you know how to be eligible for the maximum reimbursement. Please respond: Your timely response is important. If you do not submit the completed Leak site ownership form within 30 days, the MPCA will assume that you do not intend to comply and will begin enforcement actions. Also, please be aware that failure to cooperate in a timely manner will reduce your reimbursement from the Petrofund. Finally, should you fail to take necessary corrective actions, the MPCA may take them on your behalf and request the Petrofund to recover the costs from you. More information: • MPCA Petroleum Remediation Program guidance documents: Found on the MPCA website at https://www.pca.state.mn.us/waste/cleanup-guidance. • Petrofund: Reimbursement questions? Call 651-539-1515 or 1-800-638-0418, or go to the Minnesota Department of Commerce website at http://mn.gov/commerce/industries/fuel/petrofund/index.isp. • MPCA Brownfield Program: Selling or redeveloping contaminated property? Go to the MPCA website at https://www.pca.state.mn.us/waste/brownfields. If you have questions about this letter or MPCA's requirements, please contact Matt Strodel, MPCA Project Manager, at 651-757-2360 or by email at matthew.strodel@state.mn.us. When contacting the MPCA, please have your MPCA Site ID (LS0022140) available. AEJ:kg Enclosures ec: Beth VanHoose, Clerk/Administrative Coordinator, City of Eagan Hugo Searle, Fire Chief, City of Eagan Nikki Stewart, Environmental Resources Director, Dakota County Minnesota Department of Commerce Petrofund MMINNESOTA POLLUTION CONTROL AGENCY www.pca.state.mn.us You as a responsible party in the Petroleum Remediation Program You have received a letter because the Minnesota Pollution Control Agency (MPCA) has identified you as a person responsible for a petroleum storage tank release, or you are someone who has volunteered to accept this responsibility. About the MPCA's Petroleum Remediation Program The Petroleum Remediation Program protects human health and the environment from the dangers associated with leaking petroleum storage tanks. Leaking tanks contaminate drinking water, streams, rivers, or lakes, and generate harmful vapors. The MPCA is responsible for minimizing the environmental impact of leaking petroleum tanks. The agency does this by enforcing the law that requires tank owners and operators responsible for these releases to investigate them, and if necessary, clean up the leaking petroleum products. Where to start You first need to hire an experienced environmental consultant to investigate your petroleum release. Find a consultant: Consultants and contractors who perform these services must be registered with the Department of Commerce's Petrofund program. The Petrofund program provides a list of registered consultants at https://mn.gov/commerce/industries/fuel/petrofund/. Get financial help: The Petrofund reimburses tank owners, operators, and volunteer property owners a portion of the costs associated with investigating and cleaning up contamination from leaking petroleum storage tanks. In order to maximize the amount of Petrofund reimbursement available, obtain written competitive bids from consulting firms registered with the Petrofund. Read the mailing from the Petrofund thoroughly so you know how to be eligible for the maximum reimbursement. Apply for reimbursement at https://mn.gov/commerce/industries/fuel/petrofund/reimbursement.osp. For more information about the Petrofund program, call 651-539-1515 or 1-800-638-0418. Questions? The MPCA has assigned a project manager to you. You or your consultant can contact the project manager whenever you have questions. This will help ensure the work your consultant performs meets the MPCA's requirements. For more information Consultant guidance documents for leaking petroleum storage tank investigations and cleanup are available on our website at http://www.pca.state.mn.us/waste/cleanup-guidance. If you are purchasing, selling, or developing property that is contaminated with petroleum, assistance is available through the Brownfield Program. Visit our website at http://www.pca.state.mn.us/waste/brownfields/ or call 651-296-6300 and ask to speak to a Brownfield staff person. Minnesota Pollution Control Agency September 2021 1 c-prp1-04 651-296-6300 1 800-657-3864 or use your preferred relay service I Info.pca@state.mn.us Available in alternative formats