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LAW OFFICES <br />HESSIAN, MCKASY & SODERBERG <br />PROFESSIONAL ASSOCIATION <br />Minneapolis • Saint Paul • Washington,D.C. <br />4700 IDS Center <br />80 South Eighth Street <br />Minneapolis, Minnesota 55402 -2228 <br />(612) 330 -3000 Facsimile 371 -0653 <br />April 15, 1997 <br />VIA MESSENGER <br />Commissioner Peder A. Larson <br />Minnesota Pollution Control Agency <br />520 Lafayette Road <br />St. Paul, Minnesota 55155 <br />Joseph G. Maternowski <br />Lee A. Henderson <br />(612) 330 -3000 <br />Re: De Minimis Settlement Process <br />Schnitzer Iron and Metal Company Superfund Site <br />Dear Commissioner Larson: <br />We serve as Common Counsel to the Schnitzer Iron and Metal MERLA Site Group (the <br />"Group "). We have previously provided comments to staff of the Minnesota Pollution Control <br />Agency's (MPCA) Ground Water and Solid Waste Division relating to the Pre - Cleanup <br />Investigation and Focused Feasibility Study, Revised Response Action Plan and the Draft <br />Minnesota Decision Document relating to the Schnitzer Iron and Metal MERLA Site. <br />On Friday, March 21, 1997, members of the Group met with Dale Thompson and Dale <br />Trippler of your staff and Jocelyn Olson from the Attorney General's Office to discuss the status <br />of the Schnitzer matter and particularly the MPCA's plan to pursue a de minimis settlement in <br />the Schnitzer matter. We are writing on behalf of the members of the Schnitzer Group to <br />express the grave concerns we have with MPCA staff's plan to proceed with a de minimis <br />settlement. A list of the members participating in this response is attached as Exhibit A. <br />PAST CONCERNS <br />In the past the Group has expressed concerns to MPCA staff about the Schnitzer matter. <br />This has been a problem site for many years and has seen a variety of staff changes over the <br />years. The project has been plagued by procedural irregularities which have and will continue <br />to interfere with effective resolution of the Schnitzer site. These deficiencies, which are outlined <br />