MPCA Letters4P
September 4, 2002
Morrie Filister
Filister Enterprises
5750 East River Road
Fridley, MN 55432
Minnesota Pollution Control Agency
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Georgetown Apartments, 5760 East River Road, Fridley
Site ID#: LEAK00014933
Dear Mr. Filister:
Notice of Release
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.
Legal Obligations
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. T he 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 Department 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 or 1 (800) 638-0418.
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.
Morrie Filister
Page 2
September 4, 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) 297-8580. 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.
Sincerel ,
Chris McLain
Project Manager
G Petroleum and Landfill Remediation Section
Majors and Remediation Division
CLM:ais
Enclosures
cc: Debra Skogen, City Clerk, Fridley
Chuck McKusick, Fire Chief, Fridley
Bart Biemat, Anoka County Solid Waste Officer
Dennis McComas, Thatcher Engineering, Minneapolis
October 15, 2002
Morrie Filister
5750 East River Road
Fridley, MN 55432
Minnesota Pollution Control Agency
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Georgetown Apartments, 5860 East River Road, Fridley
Site ID#: LEAK00014981
Dear Mr. Filister::
Notice of Release
C11Y Clark's Office
?11 Received Received _ !-17-�i2�
Foiward to
Copy to
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.
Legal Obligations
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 Department 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 or 1 (800) 638-0418.
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.
Morrie Filister
Page 2
October 15, 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) 297-8318. 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,
a
Jim McCann
Project Manager
Petroleum Remediation Unit
Petroleum and Landfill Remediation Section
Majors and Remediation Division
JMC:ais
Enclosures
cc: Debra Skogen, City Clerk, Fridley
Chuck McKusick, Fire Chief, Fridley
Bart Bienat, Anoka County Solid Waste Officer
Dennis McKomis, Thatcher Engineering, Minneapolis
May 22, 2003
Mr. Morrie Filister
5750 East River Road
Fridley, MN 55432
Minnesota Pollution Control Agency
RE: Petroleum Tank Release Site File Closure
Site: Georgetown Apartments, 5860 East River Road, Fridley
Site ID#: LEAK00014981
Dear Mr. Filister:
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 (2000) 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 (2000), 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.
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. Morrie Filister
Page 2
May 22, 2003
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 Leaking Underground Storage Tank File Request Program at 651/297-8499. 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)297-8318.
Sincerely,
?J" es McCann
Project Manager
Petroleum Remediation Unit
Petroleum and Landfill Remediation Section
Majors and Remediation Division
JMC: tf
cc: Debra Skogen, City Clerk, Fridley
Chuck McKusick, Fire Chief, Fridley
Bart Biernat, Anoka County Solid Waste Officer
Dennis McComas, Thatcher Engineering, Inc.
Minnesota Department of Commerce Petrofund Staff