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No Association Detemrination - MPCA t-rem-vic2-16 · LB 1533 · 5/16/22 December 4, 2024 VIA EMAIL Kale Haluptzok HTB Properties, LLC 7339 Peltier Cir Centerville, MN 55038-9776 RE: Retroactive No Association Determination for Past Actions No Association Determination for Proposed Actions Micro-Matics, 8050 Ranchers Road, Fridley MPCA Site ID: BF0002824 MPCA Billing ID: 28815 PIN: 02-30-24-32-0018 Dear Kale Haluptzok: This letter is in response to the request from John Lichter of Carlson McCain, Inc. for a determination under Minn. Stat. § 115B.178, subd. 1(b), that certain past actions taken by HTB Properties, LLC at the Micro-Matics site, located at the address referenced above (the Site), did not constitute conduct that would associate HTB Properties, LLC with the release or threatened release of hazardous substances, pollutants, or contaminants at the Site for the purpose of Minn. Stat. § 115B.03, subd. 3(a)(4). The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC) Program has reviewed the documents submitted for the Site. The 1.12-acre Site currently consists of a 21,875 square-foot portion of a larger industrial building constructed in 1984. The building extends on to the north adjacent parcel; that portion of the building is owned and operated by a different entity and is not part of this VIC site. The Site was undeveloped prior to construction of the current building. The current machine shop occupant has been the sole occupant of the Site building. HTB Properties, LLC purchased the Site on February 8, 2024, and has continued to lease the Site to the current tenant, Micro-Matics, Inc. A subsurface investigation was completed at the Site in July 2024 and included the advancement of three exterior soil borings. A soil sample was collected from each boring and analyzed for volatile organic compounds (VOCs), polynuclear aromatic hydrocarbons (PAHs), Resource Conservation and Recovery Act (RCRA) metals, diesel range organics (DRO), and gasoline range organics (GRO). Methylene chloride, a common laboratory contaminant, was detected in one soil sample. The isolated detection of methylene chloride is not considered to represent a release to the environment. Metals and PAHs, expressed as the benzo(a)pyrene equivalent, were within the range of typical background concentrations. Three groundwater samples were collected from temporary monitoring wells and analyzed for VOCs, PAHs, RCRA metals, DRO, and GRO. No VOCs were detected in the groundwater samples. Barium was detected at typical background concentrations. Low concentrations of arsenic and lead were also detected in groundwater samples. The MPCA does not consider the arsenic and lead Kale Haluptzok Page 2 December 4, 2024 identified in the groundwater samples to represent a release. In general, groundwater samples collected from temporary wells can result in detections of metals that are not representative of groundwater conditions, due to sediment entrained in the sample. Three exterior soil vapor samples and eight sub-slab soil vapor samples were collected at the Site in July 2024 (non-heating season). Sub-slab soil vapor samples were also collected in November 2024 (heating season). Tetrachloroethene (PCE) and 1,1,1-trichloroethane (1,1,1-TCA) were detected in soil vapor at concentrations less than their respective industrial intrusion screening value (ISV). 1,1,2-trichlorethane (1,1,2-TCA) was detected in soil vapor at concentrations slightly greater than its ISV. For the purpose of this letter, the identified release consists of PCE, 1,1,1-TCA, and 1,1,2-TCA in soil vapor (Identified Release). This letter does not address petroleum-related contaminants. Petroleum contamination detected at the Site is under the oversight of the MPCA’s Petroleum Brownfield Program. Based upon a review of the information provided to the MPCA VIC Program, and subject to the conditions set forth in this letter, a determination is hereby made pursuant to Minn. Stat. § 115B.178, subd. 1(b) that the past actions (Past Actions) as described below and as described in the Affidavit of Kale Haluptzok (Affidavit) dated November 27, 2024, will not associate HTB Properties, LLC with the Identified Release for the purpose of Minn. Stat. § 115B.03, subd. 3(a)(4). This determination is being sought for HTB Properties, LLC and the determination is retroactive to the date that HTB Properties, LLC purchased and leased the Site. This determination applies to the following Past Actions: • Purchase of the Site on February 8, 2024 • Leasing the Site to Micro-Matics provided that Micro-Matics did not engage in the business of generating, transporting, storing, treating, or disposing of the compounds, or breakdown products of the compounds, comprising the Identified Release • Operation and maintenance of the Site building, grounds, and related infrastructure This letter also addresses HTB Properties, LLC’s request for a determination under Minn. Stat. § 115B.178, subd. 1(a) that certain actions proposed to be taken by HTB Properties, LLC at the Site will not constitute conduct associating HTB Properties, LLC with the release or threatened release of hazardous substances, contaminants, or pollutants at the Site for the purposes of Minn. Stat. § 115B.03, subd. 3(a)(4). Based upon a review of the information provided to the MPCA VIC Program, and subject to the conditions set forth in this letter, a determination is hereby made pursuant to Minn. Stat. § 115B.178, subd. 1(a) that the proposed actions (Proposed Actions) as described below will not associate HTB Properties, LLC with the Identified Release for the purpose of Minn. Stat. § 115B.03, subd. 3(a)(4). This determination applies to the following Proposed Actions: • Leasing the Site to Micro-Matics provided that Micro-Matics does not engage in the business of generating, transporting, storing, treating, or disposing of the compounds, or breakdown products of the compounds, comprising the Identified Release • Operation and maintenance of the Site building, grounds, and related infrastructure. The Retroactive No Association Determination and No Association Determination made in this letter are subject to the following conditions: Kale Haluptzok Page 3 December 4, 2024 1. The representations made in the Affidavit are accurate and the Past Actions were carried out as described herein and in the Affidavit. 2. The Proposed Actions shall be carried out as described herein. 3. HTB Properties, LLC shall cooperate with the MPCA, its employees, contractors, and others acting at the MPCA’s direction, in the event that the MPCA takes, or directs others to take, response actions at the Site to address the Identified Release or any other as yet unidentified release or threatened release of a hazardous substance, pollutant, or contaminant, including, but not limited to, granting access to the Site so that response actions can be taken. 4. HTB Properties, LLC shall avoid actions that contribute to the Identified Release or that interfere with response actions required under any MPCA-approved response action plan to address the Identified Release. 5. In the event that any suspected hazardous substances are encountered during Site activities (i.e., demolition, grading, redevelopment, etc.), HTB Properties, LLC shall notify the MPCA project staff immediately in order to determine appropriate handling, sampling, analysis, and disposal of such wastes. Pursuant to Minn. Stat. § 115B.178, subd.1, when HTB Properties, LLC takes the Proposed Actions in accordance with the determination in this letter, subject to the conditions stated herein, the Proposed Actions will not associate HTB Properties, LLC with the Identified Release for the purpose of Minn. Stat. § 115B.03, subd. 3(a)(4). The determination made in this letter applies to HTB Properties, LLC’s successors and assigns if the successors and assigns: 1) are not otherwise responsible for the Identified Release at the Site; 2) do not engage in activities with respect to the Identified Release which are substantially different from the activities which HTB Properties, LLC proposes to take, as described herein; and 3) comply with the conditions set forth in this letter. Please be advised that the determination made in this letter is subject to the disclaimers found in Attachment A and is contingent on compliance with the terms and conditions set forth herein, including completion of the second seasonal soil vapor sampling event and any required follow-up actions, based on the pending data. If you have any questions about the contents of this letter, please contact Amanda Guertin, Project Manager, at 651-757-2369 or by email at amanda.guertin@state.mn.us. Kale Haluptzok Page 4 December 4, 2024 Sincerely, Amy K. Hadiaris This document has been electronically signed. Amy K. Hadiaris, P.G. Supervisor Voluntary Investigation and Cleanup Unit Remediation Division AKH/AG:df Attachment cc: John Lichter, Carlson McCain, Inc. (electronic) (w/attachment) Jonelle Hubbard, Anoka County Environmental Services (electronic) (w/attachment) Melissa Moore, City of Fridley (electronic) (w/attachment) Attachment A Page 1 of 1 Disclaimers Micro-Matics MPCA Site ID: BF0002824 1. Reservation of authorities The Minnesota Pollution Control Agency (MPCA) Commissioner reserves the authority to take any appropriate actions with respect to any release, threatened release, or other conditions at the Site. The MPCA Commissioner also reserves the authority to take such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute to any release or threatened release or create an imminent and substantial danger to public health and welfare. 2. No MPCA assumption of liability The MPCA, its Commissioner, and staff do not assume any liability for any release, threatened release, or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release, threatened release, or other conditions at the Site, whether the actions taken or omitted are in accordance with this letter or otherwise. 3. Letter based on current information All statements, conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and staff reserve the authority to modify or rescind any such statement, conclusion, or representation and to take any appropriate action under the Commissioner’s authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. Disclaimer regarding use or development of the property The MPCA, it’s Commissioner and staff do not warrant that the Site is suitable or appropriate for any particular use. 5. Disclaimer regarding investigative or response action at the property Nothing in this letter is intended to authorize any response action under Minn. Stat. § 115B.17, subd. 12. 6. This approval does not supplant any applicable state or local stormwater permits, ordinances, or other regulatory documents.