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4 Minnesota pollution Control Agency <br /> 526 Lafayette Road North 5t.Paul,Minnesota 55155-4194 i 651.296-6306 <br /> December 9, 2014 <br /> Mr. Robert McGillivray Mr. Michael Hecker <br /> The Trust for Public Land City of Elk River <br /> 2610 University Avenue,#300 13065 Orono Parkway <br /> St. Paul, MN 55114 Elk River, MN 55330 <br /> Re: Petroleum Storage Tank Release Liability <br /> Site: Houlton Property, 1801 Main Street, Elk River, Sherburne County, 55330 <br /> Site ID#: LEAK 19658 (PB 4689) <br /> PIN: 75-133-4200 <br /> Dear Mr. McGillivray and Mr. Hecker: <br /> Under Minn. Stat. § 115C.021,subd. 1, (2014), a person is a responsible person for a release from a tank <br /> if that person owned or operated the tank any time during or after the release. If a person comes into <br /> possession of property where there has been a release after the tanks have been removed that person <br /> is not a responsible person under the statutory definition and the Minnesota Pollution Control Agency <br /> (MPCA)does not order that person to take corrective action under Minn. Stat. Ch. § 115C(2014). <br /> Liability is further limited for lenders. Minn. Stat. § 115C.021,subd.4(2014) provides that a mortgagee <br /> is not responsible for a release from a tank solely because the mortgagee becomes an owner of real <br /> property where the tank is located through foreclose or receipt of a deed in lieu of foreclosure. <br /> If future development of the site or the surrounding area is planned, it should be assumed that petroleum <br /> contamination may be present. State law requires that persons properly manage contaminated soil and <br /> water they uncover or disturb-even if they are not the party responsible for the contamination. For some <br /> properties, special construction may also be needed to prevent the further spreading of the contamination <br /> and/or to prevent petroleum vapors from entering buildings or utility corridors. The MPCA Petroleum <br /> Brownfields Program can assist with reviews and approvals of Development Response Action Plans <br /> required to address environmental risk from petroleum contamination. If contamination is encountered <br /> during development work, contact the MPCA immediately, <br /> This letter represents the views of the MPCA and is based upon 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 understate or federal laws. Please be advised that the determination made in this <br /> letter is subject to the disclaimers found in Attachment A. If you have questions concerning your <br /> particular situation,the MPCA recommends that you discuss your concerns with your legal counsel. if <br /> you have any questions pertaining to this letter please call me at 651-757-2778 or at <br /> pamela.foster@state.mn.us.You can also reach the MPCA at 800-657-3864. <br /> Sincerely, <br /> 'r Pamela Foster <br /> Project Manager <br /> Petroleum Remediation and Redevelopment Section <br /> Remediation Division <br /> PMF:Is <br /> Enclosure <br /> cc: Jason KunZe, Braun Intertec,Corp. (Ikur)ze@braLjmntertec com) <br />