Memo Environmental Issues DiscussionCITY OF HOPKINS
MEMORANDUM
Date: September 6, 1991
To: Honorable Mayor & City Council
From: Steven C. Mielke, City Manager
Subject: Discussion of various environmental issues
The purpose of this discussion is to update the City Council
on various environmental issues within the City of Hopkins.
The discussion will center on the current activities at the
7th Street Landfill and also on various issues at County
Road 3 from 11th Avenue to 17th Avenue. Attached you will
find a report from our consultants, Doherty, Rumble and
Butler and Braun Intertec regarding their services on these
issues.
M E M O R A N D U M
TO: Steve Mielke, City of Hopkins
FROM: Dick Nowlin, Jonathan P. Scoll, Doherty, Rumble &
Butler, and Steve Riner, Braun Intertec
RE: Report Regarding Environmental Services
DATE: August 6, 1991
This report summarizes the status and future activity
relating to the various environmental projects being performed by
Braun Intertec and Doherty, Rumble & Butler with and for the City
of Hopkins. Though a great deal of work has been accomplished in
studying and remediating environmental conditions associated with
the old landfills located in the City, more work remains to be
done. The aim of the work remains the same as at the beginning:
(i) to identify and remediate any environmental conditions which
adversely affect the public health and safety; and (ii) perform
investigative and remedial work necessary to remove any clouds
attributable to environmental conditions which would affect the
use and value of property in the City.
1. 7TH STREET LANDFILL CLOSURE
a. Methane Feasibility Study /Remedial Action Report. The
Closure Order required the submission of a comprehensive report
documentary methane generation and migration at the 7th Street
Landfill. A considerable amount of this work was done prior to
the implementation of the methane remediation project on the east
side of the Landfill. Monitoring has now been performed on the
FDN 0010699.WP
west and northern boundaries of the Landfill. This report, which
was submitted to the MPCA on July 31, 1991, summarizes the
results of the methane gas monitoring and proposes alternative
measures to remediate any identified off -site migration problems.
This report will be reviewed by the MPCA and with the City
vis -a -vis additional study or remedial activities necessary to
address any methane migration problems at the Landfill. This
report recommends further /continuing monitoring and investigation
efforts with remedial efforts being limited to the imposition of
institutional controls vis -a -vis future development and
(possibly) excavation of waste at one location at the southeast
corner of the Landfill, should monitoring results indicate the
necessity for this.
b. Groundwater Investigation. The first phase of this
investigation was completed in 1990. In June, 1991, the
City /Braun submitted a report to the MPCA requesting
authorization to construct six additional wells at various
locations northeast, east, and southeast of the waste deposit.
The MPCA had only minor comments on this request, and it is
expected that authorization will be received shortly for
installation of these wells and that the wells will be
constructed as early as October, 1991. Monitoring results from
these wells will provide considerably more information regarding
the off -site migration of contaminants emanating from the waste
FDN 0010699.WP
2
deposit. Ultimately, a contingency or remedial action plan will
be developed and submitted to the MPCA for review regarding '
groundwater contamination emanating from the Landfill. It is
possible that this report will be ready for submission by Fall
1992.
Until the completion of the additional wells and more in-
depth analysis of contaminate migration concentrations, etc., it
is impossible to predict the possible cost of a groundwater
remedial program. The possibilities range from periodic
monitoring of existing wells to construction of a groundwater
pump and treat system, the costs of which could range over
several orders of magnitude.
c. Financial Assurance. The Closure Order requires the
submission of a description of funding mechanisms to be used to
accomplish the objectives of the Closure Order. The feasibility
study/ remedial action report described above includes an
estimate of the possible cost for closure, post closure, and
contingency /remedial action. While it is very difficult at this
point to estimate the total overall cost, under the terms of the
Closure Order, documentation on the financial assurance mechanism
must be submitted to the MPCA within 60 days of the submission of
the remedial action report, or September 30, 1991.
d. Other Matters Under Closure Order. The principal tasks
remaining pursuant to the Closure Order are the submission of any
FDN 0010699.WP
3
supplemental documentation which the MPCA may require as part of
its review of the RMP and, following final approval of the RMP,
the implementation of the remedial measures themselves.
2. 7TH STREET LANDFILL METHANE REMEDIATION PROJECT
a. Excavation Report. RCM, together with Ames
Construction, the general contractor, is preparing a report
summarizing the activities and events involved with the
excavation project. This report is being prepared because of the
unusual nature of the project and the potential liability
associated with the activity.
b. Assessment of Effectiveness of Methane Remediation
Project. Additional monitoring and a supplementary report will
be prepared to assess the effectiveness of the methane barrier
and waste removal vis -a -vis off -site landfill gas migration.
c. Interaction /Conclusion With Westbrooke Patio Homes
Association. Conclusory activities are necessary to document and
clarify matters with the WPHA both as to the project and future
monitoring, etc. These include (i) the release of the recorded
documentation allowing temporary entry by the City, and its
engineers and contractor, onto the Westbrooke Patio Homes common
area; and (ii) the replacement of that agreement with a permanent
agreement covering the long -term monitoring and other
requirements of the Closure Order, insofar as these relate to
Westbrooke.
FDN 0010699.WP
4
3. 7TH STREET LANDFILL LITIGATION: PATIO HOME OWNERS /EARTH
PROTECTOR VS. CITY
The Court of Appeals heard arguments on the plaintiff's
appeal of a motion for temporary restraining order on July 2.
Within 90 days the Court of Appeals will decide whether the
appeal is moot, meritorious or whether the trial court's order
should be affirmed. This primary action, however, also contains
allegations that plaintiffs' property was or would be damaged by
the project. The underlying case has not proceeded at all
pending a decision of the Court of Appeals. The City's position
is that the project was beneficial to the plaintiffs and that no
damage resulted. In order to conclude this litigation, the case
needs to be prepared for trial and /or dispensed with in whole or
in part via a motion for summary judgment. It is Doherty, Rumble
& Butler's recommendation at this time that a motion for summary
judgment be prepared and served.
4. COUNTY ROAD 3 DISPOSAL AREAS /VENTURIAN SITE
a. Cooperative Effort With Venturian Regarding Property
Investigation Incident To Land Sale. The City has been working
with representatives of Venturian to document waste disposal
history at the County Road 3 disposal sites to enable
coordination with the investigation by prospective purchaser of
part of this land area. Braun has prepared a site assessment for
FDN 0010699.WP
5
this area describing disposal activity locations and periods and
other environmental incidents and activities which could impact
the condition of this area. It is intended that this report be
submitted to the MPCA for review. Following this report,
additional investigatory work may need to be performed to
document and scope the environmental contamination situation vis-
a-vis this site.
b. Tax Increment District Hazardous Waste Subdistrict
Analysis and Program Development. City staff, working with DRB,
are investigating funding mechanisms, including tax increment
finance, to fund or reimburse public costs for the environmental
study and remediation of the Venturian and adjoining sites along
County Road 3. Several of these properties have been identified
as involved with waste disposal in the past. The objective is to
formulate a set of alternatives for City /HRA consideration to
enable the City and HRA to achieve existing redevelopment
objectives in the area. The goal would be to provide fiscally
sound environmental solutions sufficient for private sector
investment in the area, whether by way of study and remedial
actions, public guarantees or indemnities, or otherwise.
5. LEGISLATION ACTIVITIES
a. Securing MPCA Reimbursement For Project Costs In Excess
of $400,000. The special legislation the City obtained in the
FDN 0010699.WP
6
}
r'
7
4
•
past
plan
City
legislative session calls for the MPCA approval of a work
for the methane remediation project prior to the payment of
costs in excess, of $400,000 in connection with this effort.
Work plan has been submitted and is being reviewed by the MPCA.
There likely will be additional interaction necessary to secure
this approval in light of questions vis -a -vis "eligible" costs.
b. Insurance Investigation. The 1991 legislation requires
that the City perform an insurance investigation and attempt to
secure coverage for
methane remediation
notice of claim has
organize records to
companies. DRB has
findings /conclusions as to available policies and coverages.
c. PRP Cost Recovery Program. The legislation also
requires that the City perform an investigation in an attempt to
recover methane remediation project costs from parties who may
have disposed of hazardous substances at the Landfill during its
period of operation. This investigation has been commenced. It
is likely that it will take a fairly long time to recreate
disposal history at the site and thereafter to have a cost
allocation study performed leading to demands for payment.
d. Landfill Cleanup Assessment /Service Charge. The
legislation authorizes the City to begin collecting an
FDN 0010699.WP
various costs incurred in connection with the
project. This investigation
7
has commenced,
been submitted, work is being done to
enable efficient review by various insurance
advised you of its preliminary
11.3 `0/ - 1,Liat3 ir&T f:::;:11 ktar-
0 1 15:1 4 0 z q i':-
0 ijtY '4(5: 11 I:, ,kett;
I t .11 bffflO co:
J •
rtf fl
t-7•: : zt eddru )71
;. -4 r"):) r isr.tvrxso
if.r31‘,, Z: :LOi II:3
I ,
f:•3
ini .tt r E - t !a) S
a 40 - • 2.! ti "J ,,J1.11:17{ 4it).17f. f '"ffi .
1 - s_t.1 . 1.3
. _
n o rt, seex :L•w;?.-
if;J:'� E.!' yJ i t
• H. .7 ; 11:72.;17.! vl? ;D:4. • '
•
•
assessment /service charge• all property owners within the
City including tax exempt properties. This program would be
institutedlby an ordinance, the ordinance would have to be
tied to solid waste generation and collection activities. If the
City desires to iose m such. a . fee this year, work on the
ordinate and the development of an equitable fee mechanism
should:begin.immedi with enactment by September 1991 so that
the charges can placed on the property tax rolls. Given the
uncertain nature of the 'overall cost which the City faces in
connection with all of various projects of the 'various landfill
study and remediation projects, it may be appropriate to wait a
year before instituting this fee. On the other hand, the sooner
the fee is instituted, the smaller the overall annual amount can
be.
1992 Legislative Program. Given the various potential
costs in connection with the study and remedial activity, there
is question as to whether it would be appropriate to return to
the legislature in 1992 for additional assistance with this work.
FDN 0010699.WP
r 8