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2864 Eagandale Blvd - Storage Tank ReleaseJuly 8, 2009 Ms. Ana Fernandez U.S. Food Service 6685 Crescent Dr. Norcross, GA 30071 [Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, MN 55155 -4194 f 651- 296 -6300 1 800 - 675 -3843 RE: Storage Tank Release Investigation and Corrective Action Site: Eagan US Food Service, 2864 Eagandale Blvd., Eagan, Dakota County 55121 Site ID #: LEAK 17642 Dear Ms. Fernandez: 7 C acm 651- 282 -5332 TTY 1 www.pca.state.mn.us M- , Zwct ? -13 - 0 f Notice of Release The Minnesota Pollution Control Agency (MPCA) has been informed that a 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 (2008). 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. Request to Take Corrective Action The MPCA requests that you take steps to investigate and, if necessary, clean up the release(s) /contamination 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 /lustj.html. For sites contaminated by pollutants other than petroleum, contact the MPCA project manager listed below to discuss the investigation and reporting timeline that will be required for your site. 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. St. Paul I Brainerd 1 Detroit Lakes 1 Duluth Mankato I Marshall I Rochester 1 Willmar I Printed on 100% post- consumer recycled paper Ms. Ana Fernandez Page 2 Reimbursement for petroleum sites: 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 651/215 -1775 or 1/800 -638 -0418 (in greater Minnesota only), or review the information available at the following website, http://www,pca.state.mn.us/programs/lust p.html. 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 Notify the MPCA within 30 days 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 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 -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. Gary Zarling Project Manager Petroleum and Remediation Section Remediation Division GWZ:ls Enclosures cc: Michael Scott, Fire Chief, Eagan George Kinney, Dakota County Solid Waste Officer Gabe Posteuca, Delta Consultants, Shoreview October 1, 2009 Ms. Ana Fernandez U.S. Food Service 6685 Crescent Drive Norcross, GA 30071 Dear Ms. Fernandez: 0. C Minnesota Pollution Control Agency `l'vv^ ,\A 520 Lafayette Road North 1 St. Paul, MN 55155 -4194 1 651- 296 -6300 1 800 - 675 -3843 1 651- 282 -5332 TTY 1 www.pca.state.mn.us RE: Petroleum Tank Release Site File Closure Site: Eagan US Food Service, 2864 Eagandale Boulevard, Eagan, MN 55121 Site ID #: LEAK00017642 We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) 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 MPCA staff has closed the release site file. Closure of the file means that the MPCA 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 MPCA staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment under current conditions. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information, changing regulatory requirements or changed land use 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 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, 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 651- 297 -1119 or 1- 800 -638 -0418. 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. 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 V■V v\- - e. LVNcL i�, -5-o Ms. Ana Fernandez Page 2 October 1, 2009 For specific information regarding petroleum contamination that may remain at this leak site, please call the Petroleum Remediation Program File Request Program at 651- 757 -2309 or 651- 757 -2799. The MPCA fact sheet Request to Bill for Services Performed must be completed 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 me at 651- 757 -2838. If you are calling long distance, you may reach the MPCA by calling 800 - 657- 3864. Sincerely, Gary Zarling Project Manager Petroleum and Closed Landfill Section Remediation Division GZ:csa cc: Maria Petersen, City Clerk, Eagan Mike Scott, Fire Chief, Eagan George Kinney, Dakota County Solid Waste Officer Gabriel Posteuca, Delta Consultants, Shoreview Minnesota Department of Commerce Petrofund Staff