274752 WMITE - C�TV CIERK / �y�y���A
PINK - FINANCE COUI�CIl o +
CANARV - DEPARTMENT GITY OF SAINT PAUL File NO.
BLUE - MAVOR
Co�ncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the attached :Agreement between the Minnesota
Pollution Control Agency, Industrial Steel Container Company and
the City of St. Paul is approved, and the proper City officials
are hereby authorized and directed to execute the Agreement.
COUNCILMEN
Yeas c AHON Nays / Requested by Department of:
_��, � In Favor
Hunt
—�xroine � __ Against BY
Maddox
Showalter'+�
Tedesco � ��Q� Form /4pproved City At orney
Adopted by ncil: Date �pR '� "a2�_
;x
Certif Yasse y Co .il ecretar BY,,'
B � ` "` O ,
Appr by ;Navoc _ �"� �R �- $ ���ppr ved by M for Subm' on to Council
sy — By
�� APR 2 6 1980
._.__. ., ,�
Members of the Council �
Page Two ,
April 10, �980 �
Company. In brief, it provides as follows :
1. Industrial will investigate and remedy soil and ground water
containination in the area of the former Industrial Steel �
Eagle Street factory building.
2. Industrial will excavate and treat oily soils on the site.
3. Industrial will install, with assistance by MPCA, several -
ground water monitoring wells on the site.
4. Industrial will test and monitor these wells to determine if
there is any additional contamination beyond that already
discovered.
5 . City will agree to allow the site to be used for "land farming"�
treatment of oily soils excavated by Industrial. (It is
estimated the treatment process will take one growing season
to complete. During this time the site will not be useful. )
6. City will provide a backhoe and operator to assist in investi-
�ation of alleged contamination of the Eagle Street site.
It is estima.ted this work will take three days. It will not
include any excavation or remedial work. )
Statf from the Department of Planning and Economic Development and
the Public Works Department, together with the City Attorney' s
Office, have reviewed the stipulation and recommend execution.
JPM:jr
1
EXHIBIT 1 ������
DISCUSSION OUTLINE OF
PROPOSED EAGLE STREET ABATEMENT PLAN
Current information indicates that there may be a "perched" body
of contaminated water within and immediately adjacent to the foun-
dation of the Eagle Street plant that was operated by Industrial
Steel Container Company. The extent to which this "perched" body
lies within the foundation of the building is not known. The
building was built in numerous stages, resulting in a series of
foundations that may or may not contain these waters.
Phase I - Exploratory Excavations
We would propose to do a series of excavations to determine the
extent that contaminated water is present in the building foun-
dations and adjacent areas. The excavations would define the
horizontal extent of the water body.
The exploratory excavation would be done by a combination of
backhoe excavation and manual digginq in a manner that protects
the integrity of the materials perching this water. The explora-
tory excavations would be supervised by Industrial Steel Container
Company consultants with MPCA staff present.
Phase II - Develop Removal System
It is our desire to remove the contaminated liquid in this perched
body for disposal. For this purpose, a system will be developed
to draw the liquid to a pumping area(s ) . The pumping system would
be designed on the basis of information obtained during Phase I .
Phase III - Contaminated Liquid Disposal
Analysis of the "perched" water has been reviewed by the
Metropolitan Waste Control Commission staff . The staff has
approved pumping out the "perch" waters in the municipal sewer
system. Either diluted hydrochloric acid and/or water woulc3 be
used to treat and/or flush the remaining soils until the collected
flush waters reached a pH of 8 .0 to 7 .0. All of the flush waters
would also be disposed of by sewers.
Phase IV - Residual Soil Investigation
During the investigatory or water-related phase of the abatement
plan ISCCO shall determine the condition of the soils in the areas
containing contaminated water. By thirty days following comple-
tion of the contaminated water disposal phase ISCCO shall submit a
report to the MPCA regarding remedial action, if necessary, to
treat and/or remove these soils.
EXHIBIT NO. 2
INVESTIGATION PLAN FOR EAGLE STREET
These investigations are intended to be comprised of a series
of exploratory excavations for the purpose of defining the extent
of contaminated water apparently perched under and within the
vicinity of ISCCO' s former factory building. These investigations
are not intended to be investigations of the ground water.
The building at 184 Eagle Street was constructed by building
additions over a period of approximately 50 years. Apparently
each addition has separate foundation structures. Information exists
which indicates that the contaminated water may be confined within
one or more of these foundations. This contaminated water is
caustic and contains phenols, metal ions, and oil and grease.
Background
Soil borings conducted by Soil Exploration Company indicate
the plant location is underlain by fill materials placed on top of
swamp deposits . Excavation of the most eastern portion of pro-
perty revealed layers of fill deposits comprised of such things as
cinders and ashes, old bottles , pottery and bones , and household
articles. These findings suggest that this portion of the plant
property was utilized prior to the plant' s construction for a gar-
bage dump.
Three of the soil borings that have been placed on the former
plant property were developed into wells. Periodic water eleva-
tions were taken in these wells by Soil Exploration Company. The
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data obtained for these readings indicate that the well next to
the plant' s foundation had a level that was over one foot higher
than the two others. This information suggested that a pocket of
water existed, apparently perched from the ground water in the
area. Exploratory excavations by the MPCA within the foundation
adjacent to the previous mentioned well, found waters at eleva-
tions that further supported the hypothesis that such a perched
water body exists.
In order to formulate the remedial program required by
Paragraph I .C. 3 . of the Amended Stipulation of Settlement, ISCCO
shall determine the extent of the apparently perched contaminated
water. In order to accomplish this task, trenches shall be dug
within at least three foundations west of the building addition
formerly housing the caustic submerger tank and on at least three
sides of this addition outside of thF- foundation.
Investigation Within Foundation
The apparently perched water would be expected to be encoun-
tered at the same elevation in the foundation adjacent to the
caustic submerger addition if it is continuous. Excavations
carried out inside the adjacent foundation next to the shared
foundation walls would provide a means for determining whether the
water is within the adjacent foundation. Since ground water
levels within the foundation have been observed to vary by less
than two feet, excavations to two feet below the apparently
perched level would indicate if the contaminated water is present.
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The depth of these excavations would be checked by means of tran-
sit readings. The waters found in the foundation will also be
compared on the basis of pH in the field to confirm whether they
were part of the contaminated pocket of water.
ISCCO's investigations would therefore be carried out on the
principle of determining if water levels and pH values comparable
to those of the apparently perched water exist in adjacent foun-
dations. MPCA will make visual observations of the fluid.
Excavation within the adjacent foundations would be done as close
as possible to the shared foundation wall but beyond the width of
the foundation or footings. The excavation would be done by
backhoe and hand tools. If the excavation does show the presence
of the apparently perched water, a sample of the watter will be
taken. If the water is part of the apparently perched water,
excavation will be initiated in the next adjacent foundations.
This investigation will be continued in succeeding foundations
until the excavation reveals no apparently perched contaminated
water is present.
The areas adjacent outside the building to foundations that
are demonstrated to contain the apparently perched contaminated
water will be investigated. A backhoe would be used for this pur-
pose. Excavation will be conducted to a depth of at least two
feet below the water elevation in the area of the submerger tank
addition. The water will be sampled, tested for pH, and the ele-
vation of water recorded. Excavation will be done at a minimum on �
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the three sides of the foundation formerly housing the caustic
submerger. Further excavation may also then be undertaken.
ISCCO may take and analyze samples, at ISCCO expense, and
determine the elevation of the fluid to gather additional infor-
mation needed to formulate a remedial program. The MPCA may take
and analyze samples, at MPCA expense, and make visual observations
and photographs to properly evaluate the ISCCO proposal.
The necessity of, and locations of, additional exploratory
excavations or soil borings shall be determined by the parties at
the time of the exploratory effort. Nothing shall prevent the
City or the MPCA Director from investigating soil and water con-
ditions in other areas of the site, or in areas near the site.
The condition of soils under and in the vicinity of the
former ISCCO factory building will not be intensively studied at
this time. Rehabilitation or removal of all soils in areas found
to contain fluid similar to that fluid near the caustic submerger
tank sewer will be addressed in the remedial program required by
Paragraph I .C. 3. of the Amended Stipulation of Settlement.
Safety equipment including qoggles, rubber gloves, boots,
hard hats , and dust masks shall be made available by each party
for their workers and utilized when appropriate. Although a need
is not anticipated, a self-contained breathing apparatus and pro-
tective suit shall be available for use in sampling if needed.
ISCCO 's investigations shall take place at a time mutually
agreeable to the City, the MPCA, and ISCCO, but before May 1,
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� EXI�I B I T NO. 4
PROCEDURES FOR SADSPLING SOILS
THAT }iAVE BEEN LANDSPREAD ON TH�
A�CCLEAN AND EAGLE STREET PROPERTIES
The bicClean Yard and Eagle Street Yard will be treated as
separate treatment sites. At each of the treatment sites ,
a grid pattern will be used for selecting the sampling
points. The grid pattern will be comprised of four lines
in a north-south direction and four lines in the east-
west direction such that si:cteen intersections and t�•enty-
five equal size spaces are formecl . The approximate
location of such lines will be marked by stakes placed
along the four sides of the area under use . The stakes
µ�ill. be used for spottin� the intersection of the lines .
Samples will be taken from each of the areas that best
approximate the intersection of tl�ese lines using the
stal.es as reference .
Tt�e sarnples sha].1 be taken b5� means of a sho��el . A sample
of the layer of spread fill mater•ial equaling a volume of
one-half gallor� ���ill be taken from each lacation . All
the samnles fror:� one of the treatment sitE:s ��:ill be placed
on a single plastic sheet . Each of the sixteen sam�les
will then be mixed to�ett�er to produce a sinole composite
sample . The eomposites �;ill then be quai•tered . A quarter
will theii be selected to be remi:.ed and quartered a�ain .
This «�ill resuJt in a sample appro�imatel5• one-lialf gallon
volume. The soil will be placed in clean samplin� containei•s
that liave been rinsed �ti�ith tap water i'ollo«•ed Uy deionized
water. Samples from each of the two sites �vill be Urought
to the laborator}• and analyzed there as separate samples .
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EXHIBIT NO. 5
LOCATION OF BACKGROUND WELL
A background well will be placed on the west corner of the Eagle
Street yard. The well shall be no closer than 10 feet but not
greater than 20 feet from existing curbing of Eagle Street,
approximately one half the distance from the service road to the
railroad tracks.
If exploratory excavation indicates that this location is a part
of the apparently confined pocket of contaminated water, a new
location will be chosen agreeable to ISCCO and the MPCA.
A piezometer shall be placed in a position to enable accurate
trianglution so as to determine groundwater flow direction accura-
tely. The MPCA shall secure permission of landowners for place-
ment of the piezometer.
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EXHIBIT NO. 6
SUMMARY OF TECHNICAL PROCEDURES
Part A - Specification For The Construction, Development,
And Sampling Of Wells To Be Installed
WELL CONSTRUCTION
The wells shall be constructed of two inch diameter PVC pipe.
The screen for the wells shall also be two inch diameter 10 slot
PVC. The screen for the wells shall be ten in length. The top of
the well case shall be fitted with a locking cap.
The borehole shall be backfilled with clean sand, except for
the upper one and one half feet. The latter shall be filled with
bentonite and cement grout to act as a seal. The bentonite and
grout will be mounded around the PVC pipe and approximately three
inches high to prevent infiltration.
WELL DEVELOPMENT
After completion of the above mentioned well construction,
the well will be developed by ISCCO. This development will be
done using a portable pump. The well will be pumped for a period
of one half hour. The water removed from the well will be
discharged on the surrounding surface.
SAMPLING OF WELLS
Prior to sampling, the static water level of the well will be
taken. The well will then be bailed until approximately five
times the volume of water in the well has been pumped out. The
well will then be allowed to stand until the static level in the
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well returns to stand until the static level in the well returns
to within two inches of the static level before pumping. The
sample will be drawn from the well using a peristaltic pump.
Prior to inserting tubing into the well, the pump shall draw
approximately one-half gallon of distilled water through the
tubing. The pump will be shut off. The tubing containing
distilled water will be placed into the well casing. (The
distilled water will remain in the tubing under vacuum and acts as
a primer. ) The well will then be pumped to remove one gallon of
well water before a sample is taken.
METALS ANALYSIS IN WATER SAMPLES (ARSENIC, LEAD, CADMIUM)
The sample container shall be a glass bottle, previously
washed with detergent and tap water, rinsed with a 1: 1 nitric
acid-tap water, 1: 1 hydrochloric acid-tap water, then deionized
distilled water.
The collected sample shall be filtered as soon as is possible
through a eight micron filter. The filtrate shall then be aci-
dified with 1: 1 redistilled NHO 3 to a pi� of 2 .
The sample shall then be digested and analyzed for total
lead, arsenic, and cadmium (according to the total metals and ana-
lysis procedure listed in "Methods for Chemical Analysis of Water
and Wastes" EPA 60014-79-020 , March 1979 - Metals 4 . 1. 3 . ) .
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METALS ANALYSIS (ARSENIC, LEAD, CADMIUM) IN WASTE, FILL AND SOIL
The sample container as well as any containers used in
sampling shall be a glass bottle, previously washed with detergent
and tap water rinsed with 1: 1 nitric acid-tap water, 1: 1 hydroch-
loric acid-tap water, then deionized distilled water.
The sample shall then be digested and analyzed for total
lead, arsenic, and cadmium (according to the total metals analysis
procedure listed in "Methods for Chemical Analysis of Water and
Wastes" EPA 60014-79-020, March 1979 - Metals 4 . 1.3. ) .
PHENOLS (GENERAL) IN WATER, WASTE , FILL AND SOIL
The sample container as well as any containers used in
sampling shall be a glass two liter bottle prepared by acid rinse.
The sample shall be preserved with 1: 1 phosphoric acid and refri-
gerated. The phenolic materials present in the samples will be
determined using ASTM:D1783-70 which is based on the reaction of
phenol with 4-amino antipyridine in the presence of potassium
ferricyanide at a pH of 10 to form a stable antipyrine dye. The
concentrations are calculated based on phenol as a standard.
(Annual Book ASTM Standards, Part 31 , "Water" Standard D: 1783-70 ,
P: 627 (12 ) . )
OIL AND GREASE IN WATER, WASTE , FILL AND SOIL
The sample container as well as any containers used for
sampling shall be a one liter bottle prepared by hexane and 1, 1,1-
trichloroethylene rinses. The sample shall be acidified to a pH
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of two with H2 SO4. Oil and grease levels will be determined gra-
vimetrically, through acidification and solvent extraction of the
sample in accordance with Standard 502-1, Standard Methods of
Analysis for Water and Wastewater, 14th Edition. Extraction of
oil and grease from the soil sample shall be done by Soxhlet
Extraction for at least four hours .
POLYCHLORINATED BIPHENYLS - DDT - PESTICIDES IN WATER, WASTES,
FILL AND SOIL
The sample container as well as any containers used for
sampling shall be glass prepared by acid and methylene chloride
rinses. The sample shall be refrigerated until extraction.
Extraction shall take place within 24 hours of collection. PCB 's
and DDT and its decomposition products will be analyzed using
electron capture gas chromatography in accordance with the esta-
bished EPA Methodology outlined in NERC 1972 Manual of Analytical
Methods. ( "Manual of Analytical Methods, " Pesticides and Toxic
Substances Effects Laboratory, NERC, 1972 . ) Total PCB ' s and total
DDT shall be reported.
PURGEABLE ORGANICS IN WATER, WASTE , FILL AND SOIL
The sample container shall be a zero head space glass con-
tainer with a teflon cap. Any sampling containers shall be glass .
The sample container as well as any containers used for sampling
shall be prepared by acid and methylene chloride rinses and oven
baking. The sample shall be refrigerated and purging shall take
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place within 24 hours of sample collection. The purgeable orga-
nics above named will be determined using standard purge and trap
techniques as described EPA: 60018-79-006 using flame ionization
gas chromatography in place of a G.C. - M.S. Identification and
concentrates will be based on comparative retention times and peak
areas with commercially prepared priority pollutant standards for
the purgeable fraction. ( "An EPA Manual for Organics Analysis
using Gas Chromatography - Mass Spectrometry", EPA Monitoring and
Support Laboratory, EPA: 60018-79-006 , March 1979. )
ACID EXTRACTABLE ORGANICS IN WATER, WASTES, FILL AND SOIL
The sample container as well as any containers used in
sampling shall be glass prepared by acid and methylene chloride
rinses . The sample shall be refrigerated until extraction.
Extraction shall take place within 24 hours of sample collection.
Pentachlorophenol will be determined through extraction of three
liters of sample in accordance with the procedures given in
EPA: 60018-79-006 using G.C. - F.I .D. analysis in lieu of G.C. -
M.S. The components of interest will be identified and quantified
using commercially prepared standards for the analysis of the aci-
dic fraction priority pollutants. ( "An EPA Manual for Organic
Analysis using Gas Chromatography-Mass Spectrometry, " EPA
Monitoring and Support Laboratory, EPA: 60018-79-006 , March 1979 ) .
TOTAL CYANIDES IN WATER, WASTE , FILL AND SOIL
The sample container as well as any containers used in
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sampling shall be glass prepared by an acid rinse. The sample
shall be preserved with NaOH. Total cyanides will be analyzed
using reflux-distillation and absorption in a scrubber containing
sodium hydroxide solution by volumetric titration in accordance
with the method outlined in EPA's manual for Chemical Analysis of
Water and Wastes , 1974 .
Part C - Documentation And Procedures For Sampling The Contents
of Drums, Buried Sludges and Water Adjacent to Buried
Sludges.
The MPCA will be responsible to document and sample each of
the drums that are removed from any excavation. This documen-
tation will include numbering each drum in order of its excava-
tion, recording the DOT markings and manufacturing numbers, the
type of drum, where the bungs , rings, and/or covers were in place ,
and a general description including color and whether damaged
prior to excavation. ISCCO consultants, contractors, and
employees shall cooperate with the MPCA so as to enable
accomplishment of this task. If the MPCA or ISCCO desires to
collect samples from uncovered drums or sludges , they will take
representative samples from each drum. This will be done by
either mixing the contents of drums that are intact, or by
reconstructing the sample. Reconstruction will be done by mixing
proportional amounts of liquid and solids in the drum. The pro-
portional amounts will be based on the sludge thickness in the
drum to the overall length of the drum. Samples will be taken
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using a sampling container that has been cleaned prior to each
sampling in the same manner as the sample container. Samples of
the liquid and solid portions of sludge may be kept separate pro-
vided documentation of their relative proportions in the drum is
kept and the analysis is being requested of either the liquid or
solid, but not both.
The solids taken from drums or sludges excavated will be
thoroughly mixed prior to use in reconstructing a composite sample
or as an individual sample. Not less than sixteen times the
volume of the solid or sludge shall be placed on an appropriately
clean surface. The representative solids or sludge will be
thoroughly mixed. If necessary, manually breaking the material
will be done to facilitate such mixing. The sample will then be
quartered, a quarter saved andremoved, and quartered again. The
sample will then be placed in appropriate containers as specified
for analysis.
If buried drums or sludges are discovered pursuant to part
III .C. 3.C. or III .C. 3.d of this Agreement, a sample of groundwater
from near the buried drums and/or sludge shall be taken by the
MPCA in representative manner. The sample shall reflect a homoge-
neous mixture of the water. This shall be accomplished by a
thorough mixing of the waters and liquids for not less than one
minute before sampling. A volume of water in liquid not less than
ten times the final sample size shall be mixed for this purpose.
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A minimum volume of at least two gallons shall be agitated for any
water of liquid sample taken from the drums or water adjacent to
drums. Sampling containers will be prepared in the manner as
sample bottles .
These samples shall be preserved and analyzed by ISCCO
according to the procedures established in attachment 6 . All
samples transported to the laboratory shall be accompanied by a
chain of custody. Documentation of the samples will be supplied
within ten working days of the end of the excavation. Results of
the analysis will be supplied within ten working days of comple-
tion of analysis to all parties.
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Map of the McLean Yard
Exhibit No. '9
EXHIBIT NO. 8
PROCEDURE FOR THE REMOVAL
OF BURIED DRUMS OR SLUDGE
Removal of drums or buried sludge is to be undertaken uti-
lizing a backhoe. The backhoe will excavate in the vicinity of
drums or buried sludge such that Mr. John Aho of the MPCA, or such
other person as may be designated by the MPCA Director, is reaso-
nably assured that all of the drums or sludge have been removed.
This will be done by excavating north, south, east, and west of
the initial discovery area until no more drums or sludge are
encountered. The backhoe will be operated in a conscientious
manner that minimizes spillage.
Should spillage of five gallons or more of the contents of
the drums or sludge occur in a concentrated area, absorbent
material and effected soils in the immediate vicinity of the spill
will be excavated and handled in the same manner as the contents
of the drums or the sludge found.
The drums, buried sudges, absorbents and contaminated soils
shall be placed by the backhoe onto a plastic sheet. Spillages
occurring from the drums will be contained by the use of sawdust
or other absorbent materials. The excavated material will be kept
on the plastic sheets until properlly repackaged.
Buried solid industrial wastes that are excavated may be
placed on a plastic sheet for manual separation from soils exca-
vated with it. Example of such solid industrial wastes would be
paint, solids, plastic and polymer solids, and similar materials.
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Soils separated by this manner may be returned to the excavation
hole for backfill.
The drums, contents of the drums, buried sludge, and other
materials that are clearly not attributable to ISCCO will be
placed in recovery drums and temporarily stored on plastic sheets
pending determination by the Minnesota Pollution Control Agency of
the responsible person for proper management of these wastes in
accordance with applicable federal and state laws and regulations.
Other drums, contents of the drums, buried sludge will be
managed by ISCCO as appropriate in accordance with Federal
Department of Transportation regulations and 6 MCAR, Section
4 . 9001 - 4. 9010. ISCCO may have the drums taken from any excava-
tion and sent to a drum reconditioner for recycling. Shipping
papers documenting delivery of the drums , contents of the drums,
buried sludge, and other materials will be provided to the Agency
within fifteen days of delivery.
. . ,_ _ _: . _ _ . ___ _ _,_ _---- . _ _ ._ . . __ . ._... .
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� 501L EXPLORa��
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Location of Well 6
Exhibit No. 9=
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BARR ENGINEERING CO.
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CONSULTING ENGINEERS
�`�w M� 6p00 FRANCE AVENUE SOUTM
JOwN D. dCKfOw MINNEAPOLIS.MINNESOTA SSd�S
l �. MOlfl►TMER TELEP►iONE(AREI►61Z)V�OESS
AIIAN CE�«ARD
1AWRENCE W. 017��E
tEONARO J• IIREMER
DENNIS E� 1ALMfR
w�Ew w. wwsa+ •
February 25, 1980
Mr. Steve Schmidt
horthern States Power Company
414 Nicollet Mall
Minne�polis, Minnesota 55402
Dear Mr. Schmidt:
This letter summarizes the approach that we propose to use to search for
the presence of SS gallon drums buried at the High Bridge Plant.
Task 1 -- Prepare Exploration Plan
As the first step, we will familiarize ourselves with the area and with
sources of information that are available to help pinpoint the location of any
drums. Since this area has been studied, it is likely that new information
will not be located and that NSP has defined the limits of the search area as
accurately as can be done. We will review water quality and soil data to
define the degree of interference that background conditions could present to
the various exploration methods that are available for use.
Based on the available data and on the results of the calibration trial,
we will develop specific reco�nendations on the explozation and investigation
methods that should be used to locate the buried drums. The exploration
methods that will be assessed and, as applicable, used in the calibration
trial vill include:
1. geophysical magnetometer
2. VLF electromagnetics.
The output of this task will be an exploration plan that will lay out the
first steps in the exploration work to locate the drums. The likely plan will
be a systematic survey of the area using a grid pattern over the seazch area.
This plan could be submitted [o the Minnesota Pollution Control Agency for
�►eir concurrence with the method of approach.
Task 2 -- On-Site Exploration
We suggest that NSP bury one or more drums so that the various exploza-
tion methods can be tested and the geophysical apparatus calibrated undez ihe
ambient field conditions. Once the instruments have been calibrated and
baseline conditions established, the step-by-step procedure developed in
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• .�. • Mr. Sttve Schmidt k.,
page 2
Febrwry 25, 1980
Task 1, on-site exploration will be conducted to identify the specific loca-
tion(a) of any buried drums. The first atep in the exploration will likely be
a syatematic seareh of the eatire area uaing a grid system of baselines and
cross-aections. The s�aults of Chis survey vill then be reviewed to determine
if excavation of ansmoloua areas appear Warranted, if further exploration
vork is needed or if it appeara apparent that no drums are buried in the area.
Any further exploration that is deemed necessary will build upon the success
or failures of the exploration activities tried in the initial steps of the
work. For example, magnetometer methods may show a number of anomalies which
could indicate buzied drums. A VLF survey, hoaever, may shov a pattern of
anomalies that, whec► superimposed on the results of the magnetometer aurvey,
would pinpoint certain search areas. Excavation could then be carried out in
the identified search areas.
The exploration vork will be aupervioed by Barr Engineering Co. per-
sonnel altheugh a subcontractor acceptable to NSP may be used to supply the
actual instrumentation. A representative of Bazr Engineering Co. will be on-
site during all exploration vozk to ensure that the procedures developed in
Task 1 are followed and to identify any modifications needed during the p*o-
gress of the study. Memoranda will be prepared to NSP summarizing the results
of the various exploration methods and explaining any fine-tuning of the
exploration plan that ia needed.
Task 3 -- Repozt on Exploration Activities
At the completion of the exploration activities, we will summarize t��e
data collected by the various geophysical exploration methods and interzupt
the data as it relates to the likely location of any buzied drums. This plan
will not include excavation procedures, an excavation plan, or a disposal
plan.
Estimated Cost `
The cost of exploration programs like this are obviously difficult to
estimate. We can accurately estimate the cost of preparing the exploration
plan in Task 1. We estimate that this exploration plaa can be prepared for
about $700. The exploration plan will include a detailed estinate of costs
for as much of the exploration work as can be predicted at the tine the plan is
prepared. As a first-cut, we estimate that magnetometer and the �LF eleccro-
magnetic surveys of the four to five acre area to a depth of eight feet can be
carried out for $3,100; however, this cost could increase if the geophysical
surveys do not go as anticipated. We estimate the cost of preparing the
report in Task 3 to be $2,600. We have allocated S900 for meetings and
propose a $1,000 contingency budget. Thus, the total estimated cost is
�8,300.
If you have any questions about this proposed work plan, please contacc
us. The •ubcontractor for the geophysical investigation has had conaiderable
experience in the methods to be employed in this study. 'Tt►ey vere involved in
the aearch for the drums of arsenic at [he Pine Bend Landfill and are familiar
with various methods used on that project. Barr Engineering Co. is experi-
enced in ground vater and geotechnical studies.
Sincerely,
, �1
�- .
lan Gebhard
_ _ _ . . ..._.
. - __ _ . . _
. , . ,
.. . _ _ _ -._.._. . �"_�..�r.�_...`. r�r. -�/..�.✓L��"v i..�i-.....1�:�'�.�.w�.i�.�. c..i ..... .=. . . �.'�
M ~~
STATE OF MINNESOTA SECOND JUDICIAL DISTRICT
COUNTY OF RAMSEY DISTRICT COURT
----------------------------------
_.. State of Minnesota by its
1lttorney General, Warren
Spannaus, and the Minnesota
,, Pollution Control Agency, Court File No. 434018
Plaintiff,
-- and
City of St. Paul,
Chicago, Milwaukee, St. Paul
6 Pacific Railroad Company,
and SUPPLEMENTAL ORDER
Northern States Power Company,
Intervenors,
vs.
Industrial Steel Container
Company, a Minnesota
, corporation,
Defendant
----------------------------------
By stipulation, the Minnesota Pollution Control Agency,
Industrial Steel Container Company, and the City of St. Paul have
consented to the making and entry of this Supplemental Order. The
Court has reviewed the issues raised by Plaintiff's Amended Motion
for Supplementary Relief dated October 22, 1979, and the
Complaint filed by the City and finds that this Order constitutes
a reasonable resolution of the issues raised therein:
NOW, TBEREFORE, upon the stipulation of the parties, the
entire record and files of proceedings herein, and being fully
advised in the premises,
IT IS HEREBY ORDERED
I.
This Court has continuing jurisdiction of the subject matter
of this action and of the parties hereto.
II.
The attached stipulation is hereby incorporated herein and
all the terms and conditions of the Amended Stipulation of
EXHIBIT NO. 11
. � . . . r .
. _ _ _ _
.. � _.. . _ .�.._ _. .__� - �..�.- - - - -�..,..._..,w..r.�..�.::...:.�. -,,a_.._ ... .._..
, •--•- --�-- -- - - ----
�� � �
-2-
Settlement are hereby made a part of this ffnal and binding Order
as though set forth in their entirety. The parties shall specifi-
cally perform the obligations imposed by the terms of this Order.
III.
Any motion for an order to require compliance with •this Order
shall be promptly set on for hearing before a Special Term Judge.
IV.
Each party shall bear its own costs and disbursements.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated:
BY THE COURT �:
Judge of District Court
�A ' ������
• s
►
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
----------------------------------- )
�
State of Minnesota by its' Attorney )
General, Warren Spannaus, and the )
Minnesota Pollution Control Agency, )
)
Plaintiff, )
)
and ) Court File No. 434018
)
Chicago, Milwaukee, St. Paul and )
Pacific Railroad Company; Northern ) .
States Power Company; and City of )
St. Paul, )
)
Plaintiffs-Intervenors, )
)
vs. ) AMENDED STIPULATION
) OF SETTLEMENT
Industrial Steel Container Company, )
a Minnesota corporation, )
)
Defendant, )
)
and )
)
George J. Rutman, Donald L. Rutman )
Craig D. Rutman and Yvette Rutman, )
)
Defendants. )
)
----------------------------------- )
WHEREAS , Plaintiff State of Minnesota, by its Attorney
General, Warren Spannaus, and by the Minnesota Pollution Control
Agency (hereinafter "MPCA" ) commenced this action against
Defendant Industrial Steel Container Company (hereinafter "ISCC" )
on January 26, 1979;
WHEREAS, the Court entered an Order on March 19, 1979, incor-
porating a Stipulation of Settlement (hereinafter "Stipulation" )
executed by the MPCA and ISCC;
� WHEREAS, paragraph 20 of the Stipulation provided that the
MPCA and ISCC by written agreement could amend the Stipulation and
that either party could seek Court approval of such amendment;
WHEREAS, the MPCA asserted monetary claims in its Amended
Motion for Supplementary Relief dated October 22 , 1979, and the
MPCA and ISCC desire to and hereby do compromise and settle all
such claims through agreement of the payment of money by ISCC
r ,
+ � -2-
to the Treasury of the State of Minnesota in accordance with and
pursuant to conditions set forth in this Amended Stipulation;
WHEREAS, the MPCA also asserted claims in its Amended Motion
for Supplementary Relief seeking investigation, monitoring, and
abatement by ISCC of alleged pollution and pollution threats, and
the MPCA and ISCC desire to and hereby do compromise and settle
all such claims through agreement to a program of actions as set
forth in the following sections of this Amended Stipulation;
WHEREAS, the Court ordered joinder as intervenors of the
Chicago, Milwaukee, St. Paul and Pacific Railroad (hereinafter
"Milwaukee Railroad" ) , the Northern States Power Company
(hereinater "NSP" ) , and the City of St. Paul (hereinafter "the
City" ) on December 4 , 1979;
WHEREAS , plaintiff-intervenors, Milwaukee Railroad, NSP and
the City have filed their respective Complaints in Intervention
against ISCC and George J . , Donald L. , Craig D. and Yvette Rutman.
WHEREAS , NSP and Milwaukee Railroad are not parties to this
Amended Stipulation;
WHEREAS , the City and ISCC desire to and hereby do compromise
and settle all claims asserted in the City' s Complaint in
Intervention;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the
MPCA, ISCC, and the City that, upon the Court's entry of an Order
incorporating this Amended Stipulation, the Amended Stipulation
shall supercede the earlier Stipulation approved by the Court on
March 19, 1979, and the pleadings of said parties, and shall
govern the rights and obligations of the MPCA, ISCC, and the City,
as to those matters specifically addressed herein and in said
pleadings; and
IT IS FURTHER STIPULATED AND AGREED as follows:
I . The Eagle Street Site
A. Description of the Eagle Street Facility
The Eagle Street facility was operated by ISCC at Eagle
Street and Shepard Road in St. Paul. The facility included a
.
� -3-
building in which used drums were cleaned and reconditioned and
new drums manufactured. The site and all improvements thereon are
owned by the City, which has razed and removed all structures
on the site.
B. Eagle Street Groundwater and Soil Contamination
Concerns
There are three matters that remain to be resolved at the
Eagle Street site. First, the soil and fill and shallow ground-
water beneath and around the foundation of the factory building
are caustic, and contain heavy metals and some organic compounds.
Second, in the northeast portion of the site, along the former
path of a conveyor for used drums, the soil and fill is con-
taminated with oil and grease and contains many organic and
inorganic compounds. Third, the migration and evolution of the
potential pollutants at the Eagle Street site are not known.
C. Investigation and Remedy of Caustic Contamination Under
and In the Vicinity of the Factory Building at the
Eagle Street Site
1 . Submittal of Conceptual and Investigation Plans
ISCC has submitted a conceptual work plan and
an investigation plan addressing the soil and water
contaminated by caustics and other substances
under and within the vicinity of its former factory
building. Both plans have been approved by the
Director of the MPCA. The plans are set forth in
the attached Exhibits 1 and 2 .
2 . Implementation of Investigatory Work
By April 24 , 1980, ISCC shall commence its
investigation of soil and water contamination and
shall proceed to completion of the task in accor-
dance with the schedule set forth in its plan. The
MPCA shall provide, at its sole expense, a drill
rig and operators at a time mutually agreeable, and
the City shall provide, at its sole expense, a
backhoe and operator at a time mutually agreeable,
� -4-
to assist ISCC in taking the borings and performing
the investigation required by the plans as
described in attached Exhibit No. 2.
Sampling and analyses shall be conducted by ISCC
according to the procedures listed in attached
Exhibit No. 6. ISCC shall provide the MPCA Director
and the City's Department of Planning and Economic
Development with the results of its sampling and
analyses within seven days of ISCC's receipt of the
analyses.
3. Submittal of Remedial Program
Within 30 days of the completion of the
investigation plan, ISCC shall submit to the MPCA
Director, the City' s Department of Planning and
Economic Development and the Metropolitan Waste
Control Commission (hereinafter MWCC ) , a remedial
program which shall identify the remedial steps
proposed by ISCC to resolve the caustic and other
soil and water contamination problems under and in
the vicinity of the former factory building. The
remedial program shall include supporting justifi-
cation for the recommended course of action,
together with a schedule for the completion of the
program. Included in the program shall be a
discussion of sampling, excavation, treatment, and
disposal of soils from the contaminated area.
If the remedial program includes discharge to
the sewer system, it shall be submitted to the MWCC
for review of its impact on the wastewater collec-
tion system and treatment facilities. If the MWCC
disapproves the program, ISCC shall have 30 days from
receipt of disapproval to modify the program and
resubmit it in accordance with the procedures in
this paragraph.
f
` -5-
Within 10 days of receipt of MWCC approval of
the program, the MPCA Director and the City shall
determine whether the program is acceptable.
In evaluating any recommendation or subsequent
report from ISCC regarding the residual soils, the
MPCA Director may apply the criteria for wastes in
MPCA's Hazardous Waste Rules, 6MCAR $S 4.9001 -
4. 9010. If the MPCA Director or the City does not
accept the remedial program, ISCC shall have 30
days from receipt of the nonacceptance to modify
the program and resubmit it in accordance with pro-
cedures in Paragraph XXIV.
Nothing in this Amended Stipulation shall
relieve ISCC of responsibility for any sewer ser-
vice fee or other fees required for discharge to
the wastewater collection system.
4 . Implementation of Remedial Program
ISCC shall implement such remedial program as
is accepted by the MPCA Director and do so in
accordance with the schedule set forth in the
program.
5. Final Report of Activities
Within 30 days of completion of the remedial
program required by paragraphs 3 and 4 above, ISCC
shall provide the MPCA Director and the City with a
written final report summarizing all activities
carried out under the program.
D. Excavation and Treatment of the Northeast Corner and
Conveyor Area Soils at the Eagle Street Site
1. Definition of Area
The "northeast corner and conveyor area" shall
be that area mapped on the attached Exhibit 3
and generally described as the area extending three
feet on both sides of the midline of the conveyor
that formerly ran from the northeast corner of the
� -6-
site westerly to the area of the former "cut out
room. "
2. Profile of Area to be Excavated
On or before April 15, 1980, the MPCA shall
provide to ISCC a three dimensional profile of the
soil to be excavated in the northeast corner and
conveyor area by ISCC. The MPCA profile shall be
consistent with the limitation of 20,000 cubic feet
as the maximum combined volume of soil to be exca-
vated by ISCC from the northeast corner and con-
veyor area and the McLean Yard. The MPCA may con-
duct such borings and analyses it deems necessary
to establish the profile.
3 . Excavation and Treatment Plan
Within 30 days of receipt of the MPCA profile,
ISCC shall submit to the MPCA Director and the
City' s Department of Planning and Economic
Development, a plan to excavate and treat all soils
defined in the MPCA profile for the northeas�
corner and conveyor area. The plan shall include
methods of treatment and a schedule which will
assure that all soils to be treated will be in
place by July 1, 1980. The plan shall also provide
clean dirt or granular fill material for the
excavated areas and grading the excavated area to
meet the adjacent existing grades. The plan may
also consider coordination of soil excavation and
treatment in the northeast corner and conveyor area
with similar actions in the factory building area
of the Eagle Street site and in the McLean yard.
The plan may include the Eagle Street Yard or the
McLean Yard as treatment sites. The plan may
include treatment by means of evenly spreading the
soils at a depth of no greater than eight inches,
combined with the application of fertilizer and
+� -�-
lime to the soil, and periodic tilling of the soil.
The MPCA Director and the City shall determine
within 15 days of receipt of the plan whether the
plan is acceptable. If the MPCA Director or the
City does not accept the plan, ISCC shall have 30
days from receipt of the nonacceptance to modify
the plan and resubmit it in accordance with proce-
dures in Paragraph XXIV.
4. Implementation of Plan
ISCC shall implement such plan as is approved
by the MPCA Director in accordance with the
schedule set forth in the plan. During treatment,
ISCC shall periodically collect a composite sample
of the soil being treated and shall analyze such
samples for oil and grease. Sampling and analyses
shall be done in accordance with the procedures
specified in attached Exhibit 4 .
5 . Termination of Treatment
When the level of soil contamination of the
composite of the treated soil drops below the 1000
ppm oil and grease level, ISCC may propose in
writing to the MPCA Director and the City' s
Department of Planning and Economic Development
that treatment be terminated. Within 10 days of
receipt of such proposal the MPCA Director shall
review whether further tests are required to ascer-
tain if the 1000 ppm oil and grease level has been
attained. If the 1000 ppm oil and grease level has
been attained, termination shall be approved.
E. Monitoring of Shallow Groundwater for Pollutants
Moving from the Eagle Street Site
1. Background Well Installation, Sampling
and Analysis
a. On or before May 1, 1980, ISCC, with the �
t -8-
assistance of the MPCA drill rig and operators,
which will be furnished at no cost to ISCC, shall
install a shallow "background" well and a piezom-
eter at a location described in the attached
Exhibit 5. Well construction shall be done in
accordance with the criteria and procedures
described in the attached Exhibit 6.
b. ISCC shall determine the direction of ground-
water flow, using groundwater elevation data from
this "background" well and existing ISCC and MPCA
shallow wells.
c. At its sole expense, MPCA shall sample the
"background" well at the same time ISCC samples the
Plume Well pursuant to paragraph I .E. 3a. below, and
shall analyze the sample for phenols, arsenic, cad-
mium, lead, oil and grease, DDT, and PCB's
according to the procedures specified in attached
Exhibit No. 6.
2 . Plume Well Installation
ISCC shall construct an additional shallow
well (hereinafter, the Plume Well) with the
assistance of the MPCA drill rig and operators,
which will be furnished at no cost to ISCC,
within the "plume" of materials migrating from the
Eagle Street Yard. A location for the Plume Well
will be recommended by ISCC through estimation of
groundwater flow direction. Within 10 days of
receipt of ISCC 's recommendation, the MPCA Director
will determine whether the proposed location is
acceptable and so advise ISCC. Well construction
shall then be done in accordance with the criteria
and procedures described in the attached Exhibit 6.
• 3. Plume Well Sampling and Analysis
a. Approximately 60 days following completion of
% -9-
the remedial actions required by Sections I.C. and
I .D above, the Plume Well shall be sampled by ISCC
and analyzed by ISCC for the following parameters:
chlorobenzene, dichloroethane and phenols, Oil and
Grease, trichloroethane, PCB, PCP, DDT, trich-
loroethylene, lead, arsenic, and cadmium.
Sampling, handling, and analysis shall be done
according to procedures described in the attached
Exhibit 6 .
b. The parameter values generated by the analysis
of the Plume Well above shall be compared with
Table 1 below. Each parameter tested shall be con-
sidered separately. ISCC 's subsequent course of
action shall be in accord with paragraphs c. and d.
below.
Table 1
Discontinue Continue Remedial
Parameters Monitoring Monitoring Action
Phenols 1 ( .4 ppm+background) > ( .4ppm+background) > (4. 0 ppm+background)
Lead �. (2. 0 ppm+background) > (2.0 ppm+background) > (20 ppm+background)
Cadmium �. (0. 4 ppm+background) > (0. 4 ppm+background) > (4. 0 ppm+background)
Arsenic .�. (2. 0 ppm+background ) > (2.0 ppm+background) > (20 ppm+background)
Oil & Grease�.(20 ppm+background) > (20 ppm+background) > (200 ppm+background)
Chlorobenzene � 0. 80 ppm > 0. 80 ppm > g ppm
Dichlorethane � 0. 28 ppm > 0. 28 ppm ? 2. g ppm
1,1.2. � 1. 08 ppm > 1.08 ppm > 10. 8 ppm
Trichloro-
ethane
PCB t (0. 104 ppm+background)�(0. 104 ppm+background) > (1.04 ppm+background
Trichloro- � 0. 84 ppm > 0.84 ppm � 8.4 ppm
ethylene "'
PCP � . 248 ppm > .248 pp�> > 2.48 ppm
DDT c (0.16 ppm+background)> (0.16 ppm+background) � (1.6 ppm+background }
Discontinue Monitoring
c. If any value for a specific parameter is found to
� �1��
be within the discontinue monitoring range of Table l,
ISCC may discontinue monitoring for that parameter.
Continue Monitoring
d. If any value for a specific parameter is found to
be at or above the continue monitoring threshold, but
below the remedial action range, of Table 1, ISCC shall
take two additional samples and analyze each sample
for that specific parameter according to procedures
described in the attached Exhibit No. 6. The MPCA shall
select both additional sampling dates within 30 days of
receipt of the analyses required by Paragraph I.E. 3. a. ,
above. No date later than July 1, 1981, shall be cho-
sen. These sampling dates will be chosen to investigate
the condition of the groundwater following the remedial
actions required by Paragraph I.C. and I .D. above.
e. If both of the values for any specific parameter,
generated by continued monitoring required by paragraph
d. above, are below the remedial action threshold for
said parameter of Table 1, ISCC may discontinue moni-
toring for that parameter. However, if any value
generated as a result of the continued monitoring
required by paragraph d. above is at or above the
"remedial action" threshold of Table 1 , ISCC shall pre-
pare a plan as described by paragraph f. below.
Remedial Action
f . If any value for a specific parameter is found to
be above the remedial action threshold of Table 1, ISCC
shall within 60 days of receipt of the analysis submit a
remedial action plan to the MPCA Director and the City
for review. This plan shall delineate a plan of action
to further monitor, to mitigate, or to eliminate the
migration of identified substances from the site. The
remedial action plan shall include estimated costs and
an anticipated schedule for completion. The MPCA
Director shall, within 45 days after receipt of the reme-
� -11-
dial action plan submitted by ISCC, determine whether
the plan is acceptable, except that the Director may
have up to 120 days for her determination if she decides
to test additional samples at MPCA expense. If the MPCA
Director does not accept the plan, ISCC shall have 30
days from receipt of the nonacceptance to modify the
plan and resubmit it in accordance with procedures in
Paragraph XXIV.
g. ISCC shall implement and complete such remedial
action plan as is approved by the MPCA Director in
accordance with the schedule set forth in the plan.
F. Deep Groundwater Monitoring at the Eagle Street Site
On the basis of data now known to the MPCA, the MPCA has
determined that monitoring of the deep groundwater at the
Eagle Street site is not justified. The need for monitoring
the underlying St. Peter aquifer at the Eagle Street site
depends upon the degree of hydraulic connection between the
St. Peter sandstone and the surficial sediments. The MPCA
has made the following conclusions in regard to the degree of
hydraulic connection between the St. Peter sandstone and the
surficial sediments on the basis of soil boring logs
generated by Soil Exploration Company on April 26, 1977, and
November 2 , 1979:
1. Shallow groundwater in the surface soil and fill
appears to be perched on a continuous layer of
swamp deposits consisting of peat, muck and organic
silty clay which varies in thickness from nine feet
to fourteen feet.
2 . The coefficient of permeability of these swamp
deposits is estimated to be from 3 x 10-3 to 3 x
10'5 feet per day.
3. There appears to be a second layer of swamp depo-
sits of unknown continuity starting at about 45
+ -12-
feet below the surface. The swamp deposit is
approximately thirteen feet thick and probably has
a coefficient of permeability similar to the first
layer of swamp deposits.
4. The surface soil and fill appears to have hydraulic
characteristics similar to the fill encountered at
the High Bridge yard, suggesting that there is
significant lateral movement of groundwater through
the fill.
Based on the foregoing conclusions, the MPCA is now of the
opinion that no significant connection exists between the sur-
ficial groundwater and the St. Peter aquifer, that the swamp depo-
sits act as aquitards and that surficial groundwater flows
laterally but not vertically.
II . McLean Yard
A. McLean Yard Description
The McLean Yard is located on the west side of
Eagle Street, across from the Eagle Street Yard. It was
used by ISCC for the storage of used oil type drums and
is outlined in attached Exhibit 7 .
B. McLean Yard Groundwater and Soil Contamination Concerns
The southeast corner of the McLean Yard contains
soils contaminated with oil and grease.
C. Excavation and Treatment of Contaminated Soils in the
McLean Yard
1. Definition of Contaminated Soils Area
An area in the southeast portion of the McLean Yard
has soils contaminated with oil and grease.
2. Profile of Area to be Excavated
On or before April 15, 1980, the MPCA shall provide
to ISCC a three dimensional profile of the soil to be
excavated in the McLean Yard by ISCC. The MPCA profile
shall be consistent with the limitation of 20,000 cubic
feet as the maximum combined volume of soil to be exca-
vated by ISCC from the northeast corner and conveyor
� � -13-
area and the McLean Yard. The MPCA may conduct such
borings and analyses it deems necessary to establish the
profile.
3. Excavation and Treatment Plan
Within 30 days of receipt of the MPCA profile, ISCC
shall submit to the MPCA Director and the City
Department of Planning and Economic Development a plan
to excavate and treat all soils defined in the MPCA pro-
file for the McLean Yard. The plan shall include �
methods of soil treatment and a schedule to assure that
all soils to be treated will be in place by July 1, 1980.
The plan shall also provide clean dirt or granular fill
material for excavated areas and grading the excavated
area to meet the adjacent existing grades. The plan may
also consider coordination of soil excavation and treat-
ment in the McLean Yard with similar actions in the fac-
tory building area and the northeast corner and conveyor
area of the Eagle Street site. The plan may include the
Eagle Street Yard or the McLean Yard as treatment sites.
The plan may include treatment by means of evenly
spreading the soils at a depth of no greater than eight
inches, combined with the application of fertilizer and
lime to the soils and periodic tilling of the soils.
The MPCA Director and the City shall determine within 15
days of receipt of the plan whether the plan is accep-
table. If the MPCA Director or the City does not accept
the plan, ISCC shall have 30 days after receipt of the
nonacceptance to modify the plan and resubmit it in
accordance with procedures in Paragraph XXIV.
4 . Implementation of Plan
ISCC shall implement such plan as is approved
by the MPCA Director according to a schedule established
therein. During treatment, ISCC shall periodically
collect a composite sample of the soil being treated and
► -14-
shall analyze such samples for oil and grease. Sampling
and analyses shall be done in accordance with the proce-
dures specified in attached Exhibit 4.
5. Termination of Treatment
When the level of soil contamination of the
composite of the treated soil drops below the 1000 ppm
oil and grease level, ISCC may propose in writing to the
MPCA Director and the City Department of Planning and
Economic Development that treatment be terminated.
Within 10 days of receipt of such proposal, the MPCA
Director shall review whether further tests are required
to ascertain if the 1000 ppm oil and grease level has
been attained. If the 1000 ppm oil and grease level has
been attained, termination shall be approved.
III . High Bridge Drum Storage Yard
A. High Bridge Area Description
The High Bridge Yard is located about one mile
west of ISCC's former Eagle Street facility. This yard
is owned by Intervenors NSP and Milwaukee Railroad and
is adjacent to NSP' s High Bridge electric generating
plant. The yard is irregularly shaped and is approxi-
mately 1,000 feet long and 150 feet wide covering an area
of about 3 acres. ISCC utilized the yard for storage of
used drums and a parking area for truck trailers.
B. High Bridge Groundwater Pollution and Soil
Contamination Concerns
On October 25, 1979, ISCC removed 20 drums that had
been buried underground in the High Bridge yard. These
drums contained sludges and other industrial wastes
which may have been leaking or discharging to the
groundwater surrounding the drum burial area.
There are two matters that remain to be resolved
regarding this property. The first matter is the possi-
bility that there are additional drums buried in the
� -15-
High Bridge Yard. The second matter is the unknown
pollution impact on the waters of the State from drums
and other deposits which were previously removed by
ISCC, and from other drums or deposits that may be
buried in the area.
C. High Bridge Search for Buried Drums
1. Submittal of Search and Exploratory Plan
NSP and Milwaukee Railroad have submitted a
search plan designed to search or survey the entire
High Bridge Yard for buried drums. The primary
search devices to be utilized are a detection
equipment to define suspected drum burial areas and
appropriate excavation equipment to explore such
areas. The plan submitted by NSP and Milwaukee
Railroad is attached hereto as Exhibit 10 and is
approved by the MPCA Director.
2 . Implementation of Search Plan
NSP and Milwaukee Railroad intend to commence
the search and exploratory program no later than
May 1, 1980 and complete the program no later than
June 30 , 1980.
3. Required Remedial Action Upon Discovery of
Buried Drums
a. ISCC Shall Remove Any Buried Drums
Discovered
' If buried drums are discovered as a
result of completion of the High Bridge search
plan, ISCC shall undertake and complete the
required remedial action described below:
i. ISCC shall take all necessary and
rea5onable measures to contain, collect
and remove all discovered buried drums,
all materials contained in the drums,
sludges and other industrial wastes
attributable to the drums and surrounding
� -16-
contaminated soil. The minimum measures
required are specifically described in
the attached Exhibit 8.
ii. ISCC shall remove, transport, and
dispose of the discovered drums, any
materials contained in the drums, and
surrounding contaminated soil attribu-
table to such drums in accordance with
MPCA's Hazardous Waste Rules, 6 MCAR §§
4.9001 - 4. 9010.
, b. Monitoring Requirements if Buried Drums
are Discovered
i. MPCA may collect groundwater
samples from immediately below or adjacent
to any discovered buried drums. The
MPCA Director may direct ISCC to analyze
the samples or a composite of the
samples at ISCC 's expense for EPA
priority pollutants. The sampling ,
handling, and analytical procedures that
shall be followed are those described in
the attached Exhibit 6.
However, if any drums found within a
newly discovered burial site are within
20 feet from the perimeter of the burial
site excavated on October 25, 1979, no
additional sampling or analysis from the
October 25 burial site or from within 20
feet of said site shall be required of
ISCC.
ii. ISCC shall review the parameters
generated as a result of the analysis
required by paragraph i. , above, for the
purposes of determining whether further
monitoring or steps to mitigate or
-17-
remedy the situation should be under-
taken. ISCC shall submit a report, pro-
viding supporting justification for any
recommended action, to the MPCA Director
within forty-five days of the receipt of
the analysis. Within twenty days of
receipt of the report, the MPCA Director
shall comment on, and accept or reject
the report. In developing the report,
ISCC shall take into account groundwater
flows, Mississippi River flows, subsur-
face soil conditions reported by Soil
Exporation Company and water quality cri-
teria for freshwater aquatic life and
human health published by the United
States EPA. If the MPCA Director does
not accept the report, ISCC shall have
30 days from receipt of the nonacceptance
to modify the report and resubmit it in
accordance with procedures in Paragraph
XXIV.
iii. ISCC shall implement such action in
the report as is accepted by the MPCA
Director according to a schedule
established therein.
c. Discovered Significant Incidental Sludges
or Other Industrial Waste Deposits
, i . ISCC shall provide empty drums at the
site of any excavation by NSP or the
Milwaukee Railroad to be used for collec-
tion of any small deposits of sludge,
other waste, or contaminated soils. ISCC
shall be responsible for proper disposal
of the drummed materials in accordance
with MPCA's Hazardous Waste Rules, 6 MCAR
� -18-
SS 4.9001 -4.9010. In the event NSP and
Milwaukee Railroad discover significant
deposits of sludge or other industrial
wastes, not associated with any buried
drums, ISCC shall be responsible for
removal and proper disposal of the
discovered materials in accordance with
MPCA's Hazardous Waste Rules, 6 MCAR
��4. 9001-4. 9010.
ii. MPCA may collect a groundwater
sample from each area immediately below
or adjacent to any significant deposits
of sludge or other industrial wastes not
associated with any buried drums. The
MPCA Director may direct ISCC to analyze
the samples collected, or a composite of
the samples at ISCC 's expense for United
States EPA Priority Pollutants . The
sampling, handling, and analytical proce-
dures that shall be followed are those
described in the attached Exhibit 6.
iii. ISCC shall review the parameters
generated as a result of the analysis
required by paragraph ii. , above, for the
purposes of determining whether further
monitoring or steps to mitigate or
remedy the situation should be under-
taken. ISCC shall submit a report, pro-
viding supporting justification for any
recommended action, to the MPCA Director
within forty-five days of the receipt of
the analysis. Within twenty days of
receipt of the report, the MPCA Director
shall comment on, and accept or reject
_ _
-19-
the report. In developing the report,
ISCC shall take into account, groundwater
flows, Mississippi River flows, subsur-
face soil conditions reported by Soil
Exploration Company and water quality
criteria for freshwater aquatic life and
human health published by the United
States EPA. If the MPCA Director does
not accept the report, ISCC shall have 30
days from receipt of the nonacceptance to
modify the report and resubmit it in
accordance with procedures in Paragraph
XXIV.
iv. ISCC shall implement said plan as is
approved by the MPCA Director according
to a schedule established therein.
d. By the terms of this Amended Stipulation,
ISCC has not agreed to remove, sample or ana-
lyze any buried drums or other materials if
said drums or materials are clearly attribu-
table to the activities of others.
D. High Bridge Groundwater Monitoring Resulting From
Buried Drums Previously Removed by ISCC
l. Background Well Installation, Sampling
and Analysis
a. On or before May 1, 1980, ISCC, with
assistance of the MPCA drill rig and opera-
tors , which will be furnished at no cost to
ISCC, shall install a shallow "background"
groundwater well for the High Bridge Yard at a
site mutually agreeable to the MPCA, NSP,
Milwaukee Railroad and ISCC. The well shall
be placed in an area with fill similar to the
fill in the High Bridge Yard. Well construc-
tion shall be done in accordance with the cri-
teria and procedures described in the attached
-zo-
Exhibit No. 6. � °'� b�-
M� l, w'j S�d
b. The "background" well shall be sampled ^'
bt S��'d�dJ�o b�G
andAanalyzed by the MPCA at its sole expense
for arsenic, lead, cadium, chloroform, DDT,
and PCB's according to the procedures spe-
cified in the attached Exhibit No. 6.
2. Plume Well Sampling and Analysis
�,Y �l.'�a C
a. A sample shall be collected from Well No.
6. (as designated in attached Exhibit 9 )
ee.t � sa,.,� �....� +!� «.6...e. �t�r���b,�eC b��r...�.�(,.
a
L�c.G( is S•-.�Ie.+C �, {-�..t n1Pe Fl. G �ui4..�1.�
�:_�._, _L: _ � a .,> > -- --
�� ' a.�..�.� �► _� s���--�Y�6z�:� � "�.� 3�,�qda
Sb�� ISCC s-hall p�ro~vide for the analysis of
the sample collected from Well No. 6 to
identify the presence and levels of the
parameters listed below in Table 2. The
sampling, handling and analysis of this sample
shall be done according to the procedures spe-
cified in the attached Exhibit 6 .
c. The parameter values generated by ISCC as
a result of the analysis of the sample
collected from Well No. 6 shall be compared
with Table 2 below to determine the next
course of action required by ISCC. Each para-
meter shall be considered separately. The
subsequent course of action required of ISCC
shall be in accord with paragraphs d. and e.
below.
Table 2
Discontinue Continue Remedial
Parameter Monitoring Monitoring Action
Arsenic t (5. 5+background)ppm � (S. S+background)ppm � 55 ppm
Lead � (5.S+background)ppm � (5. 5+background)ppm � 55 ppm
Cadmium � (l.l+background)ppm �, (l.l+background)ppm > 11 ppm
Phenol ` 0.11 ppm � 0. 11 ppm > 1. 1 ppm
Chloroform�(0.22+background)ppm ,2 (0.22+background)ppm� (2.2+background)ppm
- -2i-
Discontinue Continue Remedial
Parameter Monitoring Monitoring Action
PCP G 0.66 ppm � 0.66 ppm � 6.6 ppm
DDT G ( .044+background)ppm .Z (0.044+background)ppm 2 (0.440+background)ppm
PCB L (0. 285+background)ppm,� (0. 285+background)ppm Z (2.85+background)ppm
Discontinue Monitoring
d. If any value for a specific parameter is found
to be within the discontinue monitoring range of
Table 3 , ISCC may discontinue monitoring for that
parameter.
Continue Monitoring
e. If any value for a specific parameter is found
to be at or above the continue monitor threshold
but below the remedial action range of Table 2,
ISCC shall take two additional samples from
Well No. 6 and analyze each sample for that speci-
fic parameter according to the procedures described
in the attached Exhibit No. 6. The MPCA shall
select sampling dates which shall be no later than
December 31, 1980.
f . If both of the values for any specific para-
meter, generated by continued monitoring required
by paragraph e. above, are below the remedial
action threshold of Table 2 , ISCC may discontinue
monitoring for that parameter. However, if any
value generated as a result of the continued moni-
toring required by paragraph e. above is at or
above the "remedial action" threshold of Table 2,
ISCC shall prepare a plan as described by paragraph
g. below.
Remedial Action
g. If any value for a specific parameter is
found to be above the remedial action threshold of
Table 3, ISCC shall within 60 days of receipt of
. -22-
the analysis submit a remedial action plan to the
MPCA Director for review. This plan shall deli-
neate a plan of action to further monitor, to miti-
gate, or to eliminate the migration of identified
substances from the site. The remedial action plan
shall include estimated costs and an anticipated
schedule for completion. The MPCA Director shall
within 45 days after receipt of the remedial action
- plan submitted by ISCC, determine whether the
plan is acceptable, except that the Director may
have up to 120 days for her determination if she
decides to test additional samples at MPCA
expense. If the MPCA Director does not accept the
plan, ISCC shall have 30 days from receipt of the
nonacceptance to modify the plan and resubmit it in
accordance with procedures in Paragraph XXIV.
h. ISCC shall implement and complete such remedial
action plan as is accepted by the MPCA Director in
accordance with the schedule set forth in the plan.
3 . Deep Groundwater Monitoring at the High Bridge Site
On the basis of data now known to the MPCA, the MPCA has
determined that monitoring of the deep groundwater at
the High Bridge site is not justified. The need for
monitoring the underlying St. Peter aquifer at the High
Bridge site depends upon the degree of hydraulic connec-
tion between the St. Peter sandstone and the surficial
sediments. The MPCA has made the following conclusions
in regard to the degree of hydraulic connection between
the St. Peter sandstone and the surficial sediments on
the basis of soil boring logs genera�ed by Soil
Exploration Company on January 31 , 1980 :
l. Shallow groundwater in the surface soil and fill
appears to be perched on a layer of swamp deposits
consisting of peat, muck and organic clay silt.
� -23-
The total combined thickness of these sediments is
27 1/2 feet.
2. The coefficients of permeability of these swamp
deposits range from 3 x 10'3 to 3 x 10-5 feet per
day or less.
3. The surface soil and fill appears to have hydraulic
characteristics which result in significant lateral
movement of groundwater.
Based on the foregoing conclusions, the MPCA is now of
the opinion that no significant connection exists bet-
ween the surficial groundwater and the St. Peter
aquifer, that the swamp deposits act as aquitards and
that surficial groundwater flows laterally but not ver-
tically.
IV. Notice of Activities and Access to Premises
The parties shall provide one business day' s advance notice
to all parties and NSP and Milwaukee Railroad of any sampling
activities and three business days ' advance notice to all parties
and NSP and Milwaukee Railroad of any disposal or remedial activi
ties. The parties and NSP and Milwaukee Railroad may shorten
these notice periods by mutual agreement. In addition, the par- �
k��� �o �� ��W�a�o
t�es ,agree to provide information and documentation
��,�, at � ' � .�f,k,� o%(l�c,�
^� a�s we 1 as to allow investigations and surveys , so that .a� party
may determine whether there has been compliance with the require-
ments of this Amended Stipulation and applicable pollution control
laws.
Furthermore, and the City shall provide any authorized
member, employee or agent of ISCC or the MPCA, upon presentation
of credentials, if requested, access to the premises subject to
this Amended Stipulation. Access shall be provided for the taking
of samples, the splitting of samples, and the taking of pho-
tographs, as well as for other purposes related to this Amended
Stipulation.
-24-
V. Use of Property at Eagle Street and McLean Yard Sites
Subject to the terms and conditions of this Amended
Stipulation, the City agrees to allow the Eagle Street, and McLean
Yard sites to be used for activities detailed herein, or approved
pursuant to this Amended Stipulation, without charge or assessment
of any kind to ISCC.
VI . Activities at the Eagle Street, McLean Yard and High
Bridge Sites are Independent
The failure of a party or parties to carry out any obliga-
tions arising under this Amended Stipulation at any one site
shall not be cause for any party or parties to fail to carry out
any other obligations arising under this Amended Stipulation with
regard to any other site. The activities at any one site are inde-
pendent of activities at any other site.
VII . Time Extensions
The parties may agree between themselves to extend scheduled
dates stated herein in the event that a party or parties
demonstrates good cause as a result of factors beyond the control
of the party or parties. Any such agreement shall be in writing
and submitted to the Court as required by paragraph XIX.
In the event that the parties fail to agree to extend a sche-
dule, any party may apply to the Court for such extension, pro-
vided that any such application for extension is made prior to the
expiration of any scheduled date.
The burden of proving that any delay is caused by factors
beyond the control of a party shall rest with that party.
Any time extensions shall be commensurate with the delay
involved.
VIII . Settlement of Monetar Claims Pursuant to the Plaintiff' s
Amen e otion or upp emen ary e ie
On or before May 8, 1980, ISCC shall pay Six thousand and
00/100 dollars ($6,000.00 ) to the treasury of the State of
Minnesota in full settlement of all monetary claims asserted by
the MPCA in Plaintiff 's Amended Motion for Supplementary Relief
dated October 22, 1979.
-25-
IX. Settlement of Existing MPCA Injunctive Claims
Recognizing its paramount and continuing responsibility for
protection of the land and water resources of this State, the MPCA
cannot and will not release any party from liability for pollution
presently unknown or for unknown consequences of known pollution.
Therefore, an agreement by the MPCA to refrain from further pro-
ceedings is limited to the MPCA's current knowledge of the nature
and extent of soil contamination and groundwater pollution.
Reserving its right to initiate administrative or legal pro-
ceedings against ISCC if conditions presently unknown to the MPCA
are discovered which are not addressed by this Amended Stipulation
and which warrant further investigation or action and its right to
enforce obligations arising under this Amended Stipulation, the
MPCA agrees not to initiate any proceedings of any kind against
ISCC for contamination of soils and pollution of the groundwater
alleged in the pleadings in this action and agrees that complete
and satisfactory performance by ISCC of all obligations arising
under this Amended Stipulation shall constitute full settlement of
the injunctive claims asserted against ISCC in the pleadings in
this action.
X. Plaintiff-Intervenors Have no Further Obli ation for
Known Po ution an Contamination A ter a Reme ia
Actions Required Under this Amended Stipulation are
Completed
If ISCC and the City complete their obligations under the
terms of this Amended Stipulation, MPCA shall not initi-ate legal
or administrative proceedings against the City, for contamination
of soils or pollution of the groundwater at the Eagle Street, or
McLean Yard sites, or require testing, monitoring, or remedial
action in addition to that which ISCC is obligated to perform
under th� terms of this Amended Stipulation. This agreement by
the MPCA to refrain from further proceedings is limited to the
MPCA's current knowledge of the nature and extent of soil con-
tamination and groundwater pollution. If conditions presently
unknown to the MPCA are discovered which warrant further investi-
gation or action, nothing in this Amended Stipulation shall
. -26-
bar administrative or legal proceedings by the MPCA.
XI. Indemnification for Injury or Damage
Except as otherwise provided in Paragraph V hereof, ISCC
agrees to indemnify and hold harmless the City for all loss,
damage, or injury to the property of the City, their employees and
agents , and to the person or property of any other person or cor-
poration, caused by, or resulting from, any act or omission by
ISCC, its employees or agents, or any other personnel hired or
retained by ISCC to perform work on the property of the City pur-
suant to the terms of this Amended Stipulation, while performing
such work on the City' s premises. '
XII . Reservation of Rights
Nothing herein shall preclude any party from exercising its
remedies to require compliance with the terms of this Amended
Stipulation, including without limitation the right to seek con-
tempt sanctions. Each party agrees to specifically perform the
obligations imposed by the terms of this Amended Stipulation.
In the event that a party fails to comply with the terms of
this Amended Stipulation, the MPCA also reserves its right to do
such well construction, sampling, analysis, investigatory and
remedial activity as the MPCA deems necessary to remedy the con-
tamination problem and pollution conditions addressed in this
Amended Stipulation. In the event that the MPCA incurs such
costs, the MPCA may petition the Court for an Order against the
appropriate party granting reimbursement of the costs.
The MPCA specifically reserves its right, pursuant to Minn.
Stat. §115.072 (1978 ) , to proceed for recovery of litigation costs
and expenses arising from any violations of this Amended
Stipulation.
The MPCA specifically reserves its right to proceed in accor-
dance with Minn. Stat. 5115.071, subd. 3 (a) (1978 ) for compen-
sation of future clean up expense incurred by the State and to
' -a�-
proceed in accordance with Minn. Stat. 5115.071, subd. 3(b) (1978 )
for compensation of future damages to the State.
The MPCA waives its right to proceed for civil penalties
against ISCC in accordance with Minn. Stat. S115.072, subd. 3
(1978 ) , as a consequence of any breach of this Amended
Stipulation.
XIII . Release by the City
Upon completion and satisfactory performance by ISCC of all
obligations arising from this Amended Stipulation, the City agrees
to release and discharge ISCC from liability, claims, and causes
of action for investigation, monitoring, and abatement of alleged
pollution arising out of its lease, use, and occupancy of the
Eagle Street and McLean properties, as alleged in the Complaints
of the MPCA and the City or otherwise known to them.
The City does not release ISCC from liability for pollution
presently unknown or for unknown consequences of known pollution
that may be alleged by the MPCA under Paragraphs IX or XII hereof,
or by third parties in any other claim or action.
XIV. Dismissal of the Rutmans bv the Citv
George J. Rutman, Donald L. Rutman, Craig D. Rutman, and
Yvette Rutman (hereinafter "the Rutmans" ) are named as individual
defendants in the City's Complaint in Intervention, but the par-
ties dispute whether the Rutmans are proper parties to this
lawsuit. The City agrees to dismiss, and hereby does dismiss, the
claims asserted against the Rutmans, without prejudice pursuant to
Rule 41 of the Minnesota Rules of Civil Procedure.
XV. Emergency Powers
Nothing in this Amended Stipulation shall preclude the MPCA
from exercising emergency powers under Minn. Stat. S116.11 (1978 )
in the event conditions warranting such action should arise.
XVI. Abandonment of Wells
ISCC shall give written notice of the proposed abandonment of
a well to the MPCA Director and the owner of the property where
the well is located. within 10 days of the receipt of said
notice, the MPCA Director shall advise ISCC whether it may proceed
. . • .
- -28-
with the well abandonment. The MPCA Director shall also advise
the property owner of its determination. Nothing herein shall
preclude the property owner from agreeing with ISCC to keep the
well open and to assume responsibility for its maintenance and
ultimate abandonment. All well abandonment shall be carried out
in accordance with the Well Drillers Code, 7 MCAR s1.218 (c) .
XVII . Availability of Information
The parties agree to make readily available, upon the request
of any party to this Amended Stipulation, the results of any
record, report, plan or document required by this Amended Stipulation.
XVIII . Accuracy of Information
No party to this Amended Stipulation shall knowingly make any
false statement, representation or certification in any record,
report, plan or other document submitted to the MPCA pursuant to
this Amended Stipulation. Any party shall immediately upon disco-
very report to all parties any errors in such records, reports,
plans or other documents.
XIX. Successors
This Amended Stipulation shall be binding upon all parties
and their successors and assigns.
XX. Amendment
The parties agree that this Amended Stipulation constitutes
the entire agreement of the parties, and it shall not be supple-
mented, amended, altered, or changed except by written Stipulation
of all parties. The MPCA shall inform the Court of any such
S tipulation.
In the event the parties cannot agree to supplement, amend,
alter or change this Amended Stipulation, any party may petition
the Court, upon motion and notice, for any such changes to this
Amended Stipulation.
XXI . Other •Laws
The parties to this Amended Stipulation agree that except as
provided herein, this Amended Stipulation shall not release the
parties from any liability or obligation imposed by Minnesota or
federal statutes or rule or local ordinances now in effect or
. . •
-29-
which may hereinafter be adopted, nor shall this Amended
Stipulation bar any of the parties from asserting any defense
which it may have to such liabilities and obligations.
M P�l4 Gf,o�c,a �'+e�t ��
XXII . ua s
Nothing in this Amended Stipulation is to be deemed a waiver
of the sovereign immunity afforded the MPCA under Minn. Stat.
53.736 (1978 ) or the common law.
XXIII . Court Order and Jurisdiction
The parties to this Amended Stipulation agree that it shall
be filed with the Court and the Court may, without further notice
or hearing, make and enter its Order in the form of the proposed
Order attached as Exhibit 11 hereto. The Order shall be entered
as a final and binding Order of the Court, which shall not be sub-
ject to collateral attack in any subsequent proceeding.
The parties further agree that the Court may retain jurisdic-
tion of this matter for the purpose of enforcing the rights and
obligations created hereunder.
XXIV. MPCA and City Review and Acceptance
Wherever this Amended Stipulation provides for review or
acceptance by the MPCA or the City, such review or acceptance
shall not be unreasonably delayed or withheld. Whenever the MPCA
or the City shall determine that a proposal or other activity sub-
mitted for its acceptance is not satisfactory to accomplish the
purposes of this Amended Stipulation, the MPCA or the City shall
transmit its determination to the affected party( ies) in writing,
including a summary of the reasons therefor. The affected
party( ies) shall have thirty days after service of the MPCA or the
City's determination to modify the proposal or other activity and
resubmit it to the MPCA or the City. The MPCA or the City shall
promptly review the resubmission. If the MPCA or the City deter-
mine that the resubmission is not satisfactory to accomplish the
purposes of this Amended Stipulation, it shall so notify the
affected party( ies) . After service of such notification, any
party may petition the Court pursuant to Section XXI above for
such relief as it deems necessary to accomplish the purposes of
1 •' }• � �
'����y�
� -30-
this Amended Stipulation.
Dated: April 8, 1980
INDUSTRIAL STEEL CONTAINER COMPANY STATE OF MINNESOTA
MINNESOTA POLLUTION
gy CONTROL AGENCY
GEORGE J. RUTMAN, President
AN D
DONALD L. RUTMAN, Vice President
BY
ART ENGELBRECHT, Chairman
AND BY ITS ATTORNEY:
AND
TERRY HOFFMAN, Director
GEOFFREY P. JARPE
WARREN SPANNAUS
Attorney General
CITY OF ST. PAUL
BY
gy ELDON G. KAUL
GEORGE LATIMER, Mayer Assistant Attorney General
AND �D
BERNARD CARLSON, Director STEPHEN SHAKMAN
of Finance Special Assistant
Attorney General
AND BY ITS ATTORNEY:
JOHN PAUL MARTIN
Deputy City Attorney