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,;:; ~ Minnesota Pollution Control Agency August 3, 1987 Mr. Tom Boerner Boerner Building Systems 200 Plato Avenue West St. Paul, Minnesota 55107 Dear Mr. Boerner: The purpose of this letter is to document the responsibilities of the purchaser(s) of property containing a Minnesota Pollution Control Agency (MPCA) permitted landfill, specifically, the Herbst Demolition Landfill, Solid Waste Permit Number SW-136. The following requirements were also discussed with Tom Feaski of Boemer Building Systems (BBS) in a phone conversation on JUly 29, 1987. Because the landfill permit was not transferred to BBS along with the Herbst property, the responsibility of conducting of long-term site monitoring still rests with Charles Herbst, the permittee. The MPCA will be reviewing the site characteristics and hydrogeology to determine the monitoring frequency and parameters, and which wells-will be monitored or abandoned. Therefore, the property owner must give access to Herbst and/or his consultant to conduct ground water sampling events. Should ground water contamination be detected, the MPCA would seek financial assistance from both the permittee and the lan- downer to fund corrective remedial actions. It will be the responsibility of the landowner to ensure that the terminated fill area is not disturbed. All proposed on-site construction activities must be reviewed by the MPCA six months prior to the commencement of construction. The draft guidelines for development on terminated disposal sites are enclosed. The MPCA will not allow development of filled portions of MPCA permitted landfills. Charles Herbst will not be held liable for costs associated with remedial actions resulting from the disturbance of the site by the property owner. Phone: 520 Lafayette Road, St. Paul, Minnesota 55155 Regional Offices · Duluth/BrainerdlDetroit Lakes/Marshall/Rochester Equal Opportunity Employer I I I I ! i