3450 Hwy 149 - Storage Tank ReleaseMay 15, 2009
Dear Mr. Ringsby:
Minnesota Pollution Control Agency
520 Lafayette Road North
Mr. Alex Ringsby
Ringsby Real Estate
1123 Auraria Pkwy., Suite 200
Denver, CO 80204
St. Paul, MN 55155-4194 1 651- 296 -6300 1 800 - 675 -3843
RE: Storage Tank Release Investigation and Corrective Action
Site: Ringsby Terminal, 3450 Hwy 149, Eagan, Dakota County 55123
Site ID #: LEAK 17588
651- 282 -5332 TTY www.pca.state.mn.us
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://wvvw.pca.state.mn.us/programs/lust_p.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 1 Mankato 1 Marshall 1 Rochester 1 Willmar 1 Printed on 100% post- consumer recycled paper
Mr. Alex Ringsby
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 note that final
decisions regarding the amount of reimbursement are made by the Petro Board, not the MPCA.
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 which case the MPCA Commissioner may issue an enforceable order that will require you 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 -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,
Andrew Eddy
Project Manager
Petroleum and Closed Landfill Section
Remediation Division
AJE:ls
Enclosure
cc: Maria Peterson, Clerk, Eagan
Michael Scott, Fire Chief, Eagan
Sheila Wiegman, Dakota County Solid Waste Officer
Marty Bonnell, Vieau Associates
September l0, 20
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Minnesota Pollution Control Agency Dc .
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520 Lafayette Road North ( St. Paul, MN 55155 -4194 1 651- 296 -6300 I 800 - 675 -3843 I 651- 282 -5332 TTY j www.pca.state.mn.us
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Mr. Alex Ringsby
Ringsby Real Estate
1123 Auraria Parkway, Suite 200
Denver, CO 80204
RE: Petroleum Tank Release Site File Closure
Site: Ringsby Terminal, 3450 Highway 149, Eagan, Dakota County, 55123
Site ID #: LEAK00017588
Dear Mr. Ringsby:
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.
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) 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.
You should understand that this letter does not release any party from liability for the petroleum
contamination under Minn. Stat. ch. 115C (2002) 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 (2002), the Minnesota Superfund Law.
St. Paul 1 Brainerd I Detroit Lakes I Duluth 1 Mankato I Marshall 1 Rochester 1 Willmar 1 Printed on 100% post - consumer recycled paper
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.
Mr. Alex Ringsby
Page 2
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.
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 -2799 or 651/757 -2309. 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 -2331.
Sincerely,
Andre
Pro
Petrole • • Closed Landfill Section
Remediation Division
AJE: Is
cc: Maria Peterson, City Clerk, Eagan
Michael Scott, Fire Chief, Eagan
George Kinney, Dakota County Solid Waste Officer
Jeremy Pavlish, Vieau
Minnesota Department of Commerce Petrofund Staff