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4c4 Minnesota Pollution Control Agency r <br /> 520 Lafayette Road, Saint Paul, Minnesota 55155 <br /> 14000, Telephone (612) 296-6300 i M01NESOTA 990 <br /> February 14, 1990 <br /> Mr. Ambrose DeGross <br /> Long Lake 66 <br /> 2525 Highway 10 <br /> Mounds View, Minnesota 55432 <br /> Dear Mr. DeGross: <br /> RE: Petroleum Storage Tank Release Corrective Action Approval <br /> Site: Long Lake 66, 2525 Highway 10, Mounds View <br /> Site ID#: LEAK00000583 <br /> The Minnesota Pollution Control Agency (MPCA) staff has reviewed the proposals <br /> for amending the corrective action design (CAD) submitted on February 5, 1990, <br /> by Dahl & Associates, Inc. (Dahl) for the above-referenced site. This letter <br /> • will clarify the responsibility for cleanup actions and address the CAD <br /> approval. <br /> A real estate sales contract between Phillips 66 and you is a contract between <br /> two private parties. This private contract does not affect the right of the <br /> state to enforce its statutory authority under Minn. Stat. ch. 115C (1988). <br /> Minn. Stat. § 115.04, subd. 2(a) of the Petroleum Tank Release Cleanup Act <br /> provides, <br /> "a) A responsible person may not avoid the liability by means of a <br /> conveyance of any right, title or interest in real property, or by any <br /> indemnification, hold harmless agreement, or similar agreement." <br /> Therefore, you will remain the responsible party for the present contamination <br /> and remediation at this site. <br /> The MPCA staff approves the amended CAD as follows: <br /> 1. When the tank systems are removed and the site is redeveloped, the portion <br /> of petroleum contaminated soil that is encountered due to these activities <br /> should be removed and disposed of properly. The total volume of contami- <br /> nated soil removed will be determined by Dahl when the tanks are excavated <br /> and the site is redeveloped. <br /> 2. As indicated in previous Dahl reports, the highly contaminated soil is <br /> around the dispensing island and at approximately 15-17 feet below grade. <br /> • Therefore, the MPCA does approve and agree with the soil venting process for <br /> two reasons: <br /> a. The site has a thick layer of clean overburden; and <br /> Regional Offices: Duluth• Brainerd • Detroit Lakes • Marshall • Rochester <br /> Equal Opportunity Employer Printed on Recycled Paper <br />