1997 Minnesota Statutes

     115C.092 Tank removals; payment for preremoval site 
  assessment. 

    Subdivision 1.    Preremoval site assessment; 
 reimbursement.  (a) Preremoval site assessment costs which are 
 in compliance with the requirements of this chapter and with 
 rules promulgated under this chapter shall be reimbursable under 
 section 115C.09, subdivision 3.  The applicant shall obtain 
 written competitive proposals for the preremoval site assessment 
 on a form prescribed by the board utilizing, as appropriate, 
 tasks and costs established in rules promulgated under this 
 chapter governing the initial site assessment. 

    (b) If contamination is found at the site, the board shall 
 reimburse an applicant upon submission of the applicant's first 
 application for reimbursement under section 115C.09, subdivision 
 2.  If no contamination is found at the site, the board shall 
 reimburse the applicant upon provision by the applicant of 
 documentation that the tank or tanks have been removed from the 
 site. 

    (c) Notwithstanding any provision in this subdivision to 
 the contrary, the board shall not reimburse for a preremoval 
 site assessment which is done for the purposes of facilitating a 
 property transfer.  The board shall presume that a preremoval 
 site assessment is done for the purposes of facilitating a 
 property transfer if the property is transferred within three 
 months of incurring preremoval site assessment costs. 

    Subd. 2.    Requirements of a preremoval site assessment. 
  The preremoval site assessment shall include a preremoval 
 site assessment report to the tank owner as prescribed in 
 subdivision 3 and (1) three borings if one tank is to be 
 removed, or (2) five borings if more than one tank is to be 
 removed.  The placement of the borings shall be based on the 
 tank system location, estimated depth and gradient of 
 groundwater, and the maximum probability of encountering 
 evidence of petroleum contamination. 

    Subd. 3.    Report to tank owner.  The consultant shall 
 prepare a preremoval site assessment report which must include 
 the following: 

    (1) a summary of any unusual site features affecting the 
 preremoval site assessment and subsequent corrective action; 

    (2) the opinion of the consultant as to the presence and 
 relative magnitude of any petroleum contamination on the site; 

    (3) the recommendation of the consultant as to whether 
 further corrective action is needed, including groundwater 
 remediation; 

    (4) the recommendation of the consultant as to whether the 
 contaminated soil, if any, should be excavated and the volume of 
 soil that should be excavated; 

    (5) a statement as to whether a petroleum tank release was 
 reported to the agency and the date and time of that report, if 
 any; and 

    (6) the signature of the consultant or contractor, and the 
 date the report was prepared.  

    If further corrective action is recommended by the 
 consultant, the preremoval site assessment report and any 
 additional information gathered by the consultant during the 
 assessment shall be used for securing competitive bids or 
 proposals on forms prescribed by the board to implement 
 corrective actions at the site, consistent with rules 
 promulgated under this chapter. 

    Subd. 4.    Bid and invoice forms; agency fact sheets.  
 By August 1, 1995, the board shall prescribe a preremoval site 
 assessment bid and invoice form as described in subdivision 1 
 and the agency shall publish fact sheets applicable to the 
 preremoval site assessment. 

    HIST: 1995 c 240 art 1 s 8; 1996 c 308 s 6 

*   NOTE:  See section 115C.13 for repealer.