4350 Thomas Lake Rd - Petroleum Tank StorageJuly 17, 2002
Mr. Brian Boelter
ISD 196
14445 Diamond Path
Rosemount, MN 55068
Dear Mr. Boelter:
Notice of Release
Legal Obligations
Minnesota Pollution Control Agency Ptj .112
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Thomas Lake Elementary, 430 Thomas Lake Road, Eagan
Site ID#: LEAK00014854
The Minnesota Pollution Control Agency (MPCA) has been informed that a release of petroleum has occurred from
storage tank facilities which you own and/or operate. We appreciate your timely notification so this site can be handled
in an efficient manner.
Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the release,
investigate the release and, if necessary, clean up the release. 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. If you believe that you are not legally responsible for this storage tank release, please contact the project manager
listed below.
If you are not legally responsible for the release, but hold legal or equitable title to the property where the release
occurred, you may 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 has established
the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is
administered by the Petro Board which is part of the Minnesota Depai ttuent of Commerce. Final decisions regarding the
amount of reimbursement are made by the Petro Board. All questions about eligibility and reimbursement should be
directed to the Petrofund staff at (651) 297 -1119 or (651) 297 -4203.
Request to Take Corrective Action
The MPCA staff requests that you take steps to investigate and, if necessary, clean up the release in accordance with the
enclosed MPCA fact sheets. The site investigation must fully define the extent and magnitude of the soil and/or ground
water contamination caused by the release. A report (Excavation Report and/or Remedial Investigation /Corrective
Action Design (RI/CAD)) which details the results of the investigation or concludes that excavation was sufficient to
clean up the release must be submitted to this office within 10 months of the date of this letter. Please refer to MPCA
fact sheets for information pertaining to the amount of work needed at the petroleum release site(s).
520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY)
St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar; www.pca.state.mn.us
Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers.
Mr. Brian Boelter
Page 2
July 17, 2002
Sites with free product (free- floating petroleum), drinking water supply impacts, surface water impacts, indoor 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
RI/CAD report must be submitted within 90 days. In addition, if you know or discover that there is free - product from 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
Petrofund staff that has experience in conducting petroleum release site investigations and in proposing and
implementing appropriate corrective actions. 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. 2890.0075, subp. 2, you must solicit a minimum of
two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable.
Questions about bidding requirements should be directed to Petrofund staff.
Required Response
MPCA staff requests a response to this letter within 30 days. Please tell us whether you intend to proceed with the
requested work. If you do not respond within this time frame, the MPCA staff will assume that you do not intend to
comply, in which case the MPCA Commissioner may order 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. 2890.0065, subp. 1,
item C. The enclosed fact sheets 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 -8577. Please reference the above LEAK # in all correspondence. If you are calling long distance, you may
reach the MPCA St. Paul office by calling 1- 800 - 657 -3864.
Sincerely,
�tacey Hendry en
Project Manager
Petroleum Remediation Unit
Petroleum and Landfill Remediation Section
Majors and Remediation Division
SHV:ls
Enclosures
cc: Maria Karels, Clerk, City of Eagan
Craig Jensen, Fire Chief, City of Eagan
Sheila Wiegman, Dakota County SWO
Bill Tepley, STS Consultants, Maple Grove