February 18, 2010

On January 25, 2010 the Minnesota Pollution Control Agency (MPCA) issued a notice in the State Register announcing that it proposes to add six sites to the Superfund Priority List which is also known as the Permanent List of Priorities (PLP).  The MPCA also proposes to delist three sites from the Superfund Priority List.

When a site is added to the Superfund Priority List, the State of Minnesota is advising the public that it intends to apply the provisions of the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes Chapter 115B, to investigate a past or current release of hazardous substances pollutants or contaminants at the identified location.  For each of the sites the MPCA has established a Hazard Ranking Score (HRS) assessing the risk to the public health and to the environment.  Under MERLA, any party who owned the site, operated at the site, generated waste that were disposed of at the site or transported waste to the site may be deemed to be responsible for response costs incurred by the State of Minnesota.  Typically, the MPCA identifies responsible parties and seeks their commitment to investigate and cleanup a site.

The six sites that are proposed to be added to the Minnesota’s Superfund Priority List include:

1)         Former Brainerd Foundry, Brainerd, Crow Wing County

2)         St. Louis Park Solvent Plume, St. Louis Park, Hennepin County

3)         Capri Beauty Salon, Bryon, Olmsted County

4)         Southview Boulevard Site, South St. Paul, Dakota County

5)         Centerville Road Dump, White Bear Township, Ramsey County

6)         Former Hmong American Shopping Center Site/Pilgrim Cleaners Site, Brooklyn Center, Hennepin County.

The MPCA is proposing to delete the following two sites from the Superfund List:  Fridley Commons Park Well Field, Anoka County; and Trio Solvent, Ramsey County. The MPCA is also proposing to delist a portion of the Duluth Air Base Site in St. Louis County from the Superfund List.  For these three sites, the MPCA has determined that either all MERLA Response Actions have been completed at these sites; or that the sites do not pose a threat to public health or welfare or the environment.

In the State Register notice, which can be found at:http://www.enviroattorney.net/articles/Minnesota%20State%20Register,%201-25-10.pdf, the MPCA invites members of the public to submit written comments on the proposed additions to and/or deletions from the Superfund List.  All written comments with regard to these proposed changes to the Superfund List must be received no later than 4:30 p.m. on February 26, 2010. Written comments regarding these proposed MPCA additions to, and deletions from, the Superfund List should be submitted to: Gary L. Krueger, Superfund Program, Remediation Division, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194.

At Hessian & McKasy, P.A. our environmental law attorneys regularly track state and federal regulations.  Our environmental lawyers have extensive experience representing parties who are involved at Superfund sites in Minnesota and across the country.  We assist clients in preparing responses to requests for public comment.  We also provide advice about responding to state and federal environmental agencies.  For additional information about our areas of practice, please see: http://www.enviroattorney.net/practice/environmental.php

The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy, P.A.

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