3946 Nicols Rd - Storage Tank Release Corrective Action. vC c &wry 1 2I
NiKK AsAta ■JAIL ■t/AK Control Agency
August 14, 2008
Dear Mr. Spear:
520 Lafayette Road North 1 St. Paul, MN 55155 -4194 1 651- 296 -6300 1 800 - 657 -3864 1 651 - 282 -5332 TTY 1 www.pca.state.mn.us
Mr. Louis Spear
Minnesota Valley Transit Authority
100 E. Highway 13
Burnsville, MN 55337
1 acts ,
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Former Gas Station, Nichols Road & Cedar Grove Blvd., Eagan, Dakota County 55122
Site ID #: LEAK00O1733O
The Minnesota Pollution Control Agency (MPCA) has been informed that a release of petroleum has
occurred from storage tank facilities that were previously located on your property. We further
understand that you have volunteered to take corrective actions to address this release. We appreciate
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.
Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA
of the release, investigate the release, and clean up the release, if necessary. A person is considered
legally responsible for a tank release if the person owned or operated the tank, either during or after the
release, unless specifically exempted under the law.
Although you are not legally responsible for the release, you hold legal or equitable title to the property
where the release occurred, and may therefore volunteer to take corrective action. Responsible persons
and volunteers who take corrective action may be eligible for reimbursement for a major portion of the
costs of corrective action. The legislature established the Petroleum Tank Release Compensation Fund
(Petrofund) to reimburse 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 the responsibilities of an eligible applicant, please contact Petrofund staff at
651/215 -1775 or 1/800 -638 -0418 (in greater Minnesota only). We strongly encourage you to familiarize
yourself with the program requirements in order to maximize the available reimbursement (Please note
that final decisions regarding the amount of reimbursement are made by the Petro Board).
The MPCA staff is requesting you to take the steps necessary to investigate and, if necessary, clean up
the release in accordance with the enclosed MPCA guidance documents. The first step is a site
investigation to define the full extent and magnitude of the soil and /or ground water contamination
caused by the release. A report (Excavation Report Worksheet and /or Investigation Report Form) which
details the results of the investigation or concludes that excavation was sufficient to clean up the release
should be submitted to this office within 10 months of the date of this letter. Please refer to MPCA
guidance documents for information pertaining to the amount of work needed at petroleum release sites.
St. Paul 1 Brainerd 1 Detroit Lakes 1 Duluth 1 Mankato 1 Marshall 1 Rochester 1 Willmar
r
150 YEARS
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1858 2008
Mr. Louis Spear
Page 2
Sites with free product (free floating petroleum), drinking water supply impacts, surface water impact,
indoor petroleum vapor impacts, fire or explosion hazards, or ground water impacts which pose a
significant threat to public health or the environment, are considered high priority for staff review. If one
or more of these situations apply to your site, an Investigation Report Form must be submitted within 90
days. In addition, if you know or discover that there is free product in a well, excavation, or borehole,
you must notify the MPCA within 24 hours and IMMEDIATELY begin interim free product recovery.
If you have not already done so, the MPCA recommends that you hire a qualified consulting firm
registered with the Petro Board that has experience in conducting petroleum release site investigations
and in proposing and implementing appropriate corrective actions. The consulting firm you hire must be
registered with the Petrofund. A list of registered contractors and consultants is available from the
Petrofund staff. The MPCA reserves the right to reject proposed corrective actions if the requirements of
the site investigation have not been fulfilled. Please note that, under Minn. R. 2890 (2003), you must
solicit a minimum of two written competitive consultant proposals on a form prescribed by the Petro
Board. A minimum of two written competitive contractor bids must also be obtained for each contractor
service. We encourage you to contact Petrofund staff for answers to all of your questions about bidding
and the other Petrofund reimbursement program requirements.
Please tell us whether you intend to comply with the above requirements within 30 days. The enclosed
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- 297 -8584. 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:Is
Enclosures
cc: Maria Peterson, Clerk, Eagan
Michael Scott, Fire Chief, Eagan
Sheila Wiegman, Dakota County Solid Waste Officer
