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<br />t-rem-prp2-28 · LB 1504 · 3/30/22 <br /> <br />August 15, 2022 <br /> <br /> <br /> <br />VIA EMAIL <br /> <br />Charlie Yunker <br />Saint Anthony Village <br />3301 Silver Lake Road Northeast <br />Saint Anthony, MN 55418-1667 <br /> <br />RE: Petroleum Tank Release Liability <br />Kenzie Company Gas Station, 2534 Kenzie Terrace, Saint Anthony (Hennepin County), MN <br />MPCA Site ID: LS0021760 (BF0002267) <br />MPCA Billing ID: 252302 <br />PIN: 0702923230015 <br /> <br />Dear Charlie Yunker: <br /> <br />Under Minn. Stat. § 115C.021, subd. 1, a person is responsible for a release from a tank if that person <br />owned or operated the tank any time during or after the release. If a person comes into possession of <br />property where there has been a release after the tanks have been removed that person is not a <br />responsible person under the statutory definition and the Minnesota Pollution Control Agency (MPCA) <br />cannot order that person to take corrective action under Minn. Stat. § 115C. <br /> <br />Liability is further limited for lenders. Minn. Stat. § 115C.021, subd. 4, provides that a mortgagee is not <br />responsible for a release from a tank solely because the mortgagee becomes an owner of real property <br />where the tank is located through foreclose or receipt of a deed in lieu of foreclosure. <br /> <br />This letter represents the views of the MPCA and is based on information disclosed to the MPCA as of <br />the date hereof. Depending on your circumstances, it may or may not be construed as releasing any <br />person from liability under state or federal laws. If you have questions concerning your particular <br />situation, the MPCA recommends that you discuss your concerns with your legal counsel. <br /> <br />If future development of the Site or the surrounding area is planned, it should be assumed that <br />petroleum contamination is present. Property with petroleum contamination to soil or groundwater <br />may cause risks to future occupants. The Brownfields staff can assist with environmental risk and <br />development plan review, and will review, approve, and/or modify your plan for property development. <br />If contamination is encountered during future development work, the MPCA should be notified <br />immediately. <br /> <br />This letter is subject to the disclaimers found in Attachment A. If you have any questions about the <br />contents of this letter, please contact Jayme Hammond, Project Manager, at 651-757-2615 or <br />jayme.hammond@state.mn.us.