Five-Year Review Report
Second Five-Year Review Report
for the East Bethel Sanitary Landfill Superfund Site
Anoka County, East Bethel Township, Minnesota
September 2006
PREPARED BY:
United States Environmental Protection Agency
Region 5
Chicago, Illinois
Approved by:
CLu c
Richard C. Karl, Director
Superfund Division
Date:
(o~0.4
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Table of Contents
Section Page
List of Acronyms iv
Executive Summary v
Five-Year Review Summary Form vi
I. Introduction 1
II. Site Chronology 2
III. Background 3
Physical Characteristics 3
Land and Resource Use 3
History of Contamination 3
Initial Response 3
Basis for Taking Action 4
IV. Remedial Actions 4
Remedy Selection 4
Remedy Implementation 5
Operation and Maintenance (O&M) 6
V. Progress Since the Last Five-Year Review 9
VI. Five-Year Review Process 9
Administrative Components 9
Community Involvement 10
Document Review 10
Data Review 10
Site Inspection 12
Interviews 12
VII. Technical Assessment 12
Question A: Is the remedy functioning as intended by the decision documents? 12
Question B: Are the exposure assumptions, toxicity data, cleanup levels, and
remedial action objectives (RAOs) used at the time of the remedy still valid? 13
Question C: Has any other information come to light that could call into question
the protectiveness of the remedy? 13
Technical Assessment Summary 13
VIII. Issues 13
IX. Recommendations and Follow-up Actions 14
X. Protectiveness Statement 15
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XI. Next Review
Attachment 1 - Maps
Site Location Map
East Bethel Site Groundwater Remedy Map
East Bethel Site Monitoring Network Map
Attachment 2 - Five Year Review Public Notice
Attachment 3 - First Five Year Review (2001)
Attachment 4 - East Bethel Sanitary Landfill Annual Report 2005
Attachment 5 - Landfill Cleanup Agreement
Attachment 6 - Implemented Institutional Controls Map and Attachment
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List of Acronyms
AOC
Administrative Order by Consent
AR
Alternative Report
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
CERCLIS
Comprehensive Environmental Response, Compensation, and Liability
Information System
CFR
Code of Federal Regulations
COC
Contaminant of Concern
DAR
Detailed Analysis Report
EPA
United States Environmental Protection Agency
GEOS
Groundwater Evaluation and Optimization System
GSI
Groundwater Surface Water Interface
IC
Institutional Control
MCLs
Maximum Contaminant Levels
MCLP
Minnesota Closed Landfill Program
MDNR
Minnesota Department of Natural Resources
MPCA
Minnesota Pollution Control Agency
NCP
National Oil and Hazardous Substances Contingency Plan
NPL
National Priorities List
O&M
Operation and Maintenance
OU
Operable Unit
PAHs
Polynuclear Aromatic Hydrocarbons
PRP
Potentially Responsible Party
RA
Remedial Action
RAO
Remedial Action Objective
RI/FS
Remedial Investigation/Feasibility Study
ROD
Record of Decision
RPM
Remedial Project Manager
SBDC
Sylvester, Bro. Development Company
SCNA
Sandhill Crane Natural Area
TCE
Trichl oroethy 1 ene
URS
United Research Services
VOCs
Volatile Organic Compounds
WasteLAN
The Regional database related to CERCLIS
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Executive Summary
The remedies selected for East Bethel Sanitary Landfill Superfund Site (the "Site") included
source control/containment, groundwater extraction and treatment, and monitoring. These
remedies were implemented as two operable units. Operable Unit 1 (OU1) addressed the
groundwater contamination and the Record of Decision (ROD) was signed in 1992. Operable
Unit 2 (OU2) addressed the landfill itself and the work was addressed through the Minnesota
Closed Landfill Program (MCLP). As part of the MCLP, the original owners of the landfill and
the State of Minnesota entered into a Landfill Cleanup Agreement (also called a Binding
Agreement). As part of the MCLP program, Minnesota takes over responsibility for the landfill
and brings the landfill up to standards that are protective of public health and the environment. In
addition, all operation and maintenance is the responsibility of the Minnesota Pollution Control
Agency (MPCA).
The landfill was closed in 1994 and construction of the geomembrane final cover was completed
in 1995. Upon signature of the Binding Agreement on October 11, 1995, the 60-acre landfill
property was transferred to MPCA. On October 31, 1995, a Notice of Compliance was issued for
the landfill. The land titles for this property were recorded for the MPCA in 1999. Subsequent to
installation of the final cover, a diversion berm on the west side of the landfill failed. A new
downslope spillway, consisting of a catch basin, a 15" pipe, rip rap, and a small sedimentation
basin were installed. The Site achieved construction completion on June 30, 2000.
The trigger for this Five-Year Review is the completion of the last Five-Year Review on January
18,2001.
The first Five-Year Review assessment found that the remedy was constructed in accordance
with the ROD and the MCLP. This second Five-Year Review confirms that the remedies are
functioning as intended and are protective of human health and the environment in the
short-term. Long-term protectiveness will be achieved once the follow-up actions and
recommendations established through this assessment are completed.
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Five-Year Review Summary Form
SITE! IDENTIFICATION
Site name (from WasteLAN): East Bethel Sanitary Landfill
EPA ID (from WasteLAN): MND981088180
Region: 5
State: MN
City/County: East Bethel Township/Anoka
County
ITE STATUS
NPL status: ~ Final ® Deleted ~ Other (specify)
Remediation status (choose all that apply): ~ Under Construction 0
Operating
S Complete
Multiple Operable Units
(OU)?
SYES ~ NO
Construction completion date: 06/30/2000
Has site been put into reuse? ~ YES B NO
II
REVIEW STATUS
Lead agency: ~ EPA S State ~ Tribe ~ Other Federal Agency
Author name: Giang-Van Nguyen
Author title: Remedial
Project Manager
Author affiliation: U.S. EPA, Region 5
Review period: September 2005 through April 2006
Date of site inspection: September 20,2005
Type of review:
~ Post-SARA ~ Pre-SARA ~ NPL-Removal only
~ Non-NPL Remedial Action Site ® NPL State/Tribe-
lead
~ Regional Discretion
Review number: ~ 1 (first) 0 2 (second) ~ 3 .(third) ~ Other (specify)
Triggering action:
~ Actual RA On-site Construction at OU #_
~ Construction Completion
~ Other (specify)
~ Actual RA Start at OU#
0 Previous Five-Year
Revieiw Report
Triggering action date (from WasteLAN): January 18, 2001
Due date (five years after triggering action date): January 18, 2006
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Five-Year Review Summary Form, cont'd.
Issues:
The existing passive gas extraction system is not an efficient mechanism for addressing
landfill gas generated at this Site.
Waste was discovered on property adjacent to the Site and MFCA would like to excavate
that waste material and incorporate it into the existing landfill.
The landfill has experienced some slope and drainage malfunctions.
The groundwater extraction and monitoring system requires optimization.
Institutional Controls (ICs) were implemented but need to be supplemented with: (1)
maps (paper or GSI versions) of all areas that require land and groundwater use
restrictions (confirming surveys cover appropriate areas); (2) title commitment and
evaluation of prior in time encumbrances; (3) an evaluation of the adequacy of current
ICs; (4) mechanisms to ensure regular inspection of ICs at the Site; (5) annual
certification; (6) adequate notice to future land owners for information relevant to land
use restrictions; and (7) communications plan.,
Recommendations and Follow-up Actions:
MPCA will install an active gas extraction system.
MPCA will excavate waste on an adjacent property and incorporate it into the landfill.
MPCA will construct a new cover and re-grade the slopes.
EPA will provide MPCA with its groundwater data analysis and discuss options for
enhancing the extraction system and monitoring program. (MPCA has already been
designing modifications and upgrades to the system.
EPA will request that MPCA prepare an IC Plan within six months of the date this Five
Year Review Report is signed to supplement the ICs as noted in the issues, above.
Protectiveness Statement:
The remedy is currently protective of human health and the environment because there is no
evidence of a cap breach or exposure to contaminated groundwater and the existing use is
consistent with the stated objectives of the landfill cap and anticipated use restrictions. Further,
long-term protectiveness of the landfill and groundwater requires continued evaluation of
existing ICs to ensure that the ICs are effective and in compliance with land use restrictions to
prevent interference with the cap and prevent exposure to groundwater contaminants. Long-term
protectiveness will be ensured by maintaining effective ICs, optimizing the groundwater
extraction system, continued long-term monitoring (and enhancement of the monitoring system),
addition of the active gas extraction system, and installation of the new cap.
Other Comments:
None
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Five-Year Review Report
I. INTRODUCTION
The purpose of the Five-Year Review is, to determine whether the remedy at the East Bethel
Landfill Site is protective of human health and the environment. The methods, findings and
conclusions of reviews are documented in Five-Year Review reports. In addition, Five-Year
Review reports identify issues during the review, if any, and identify recommendations to
address them.
The Agency is preparing this Five-Year Review report pursuant to CERCLA Section 121 and the
National Contingency Plan (NCP). CERCLA Section 121(c) states:
If the President selects a remedial action that results in any hazardous substances,
pollutants, or contaminants remaining at the site, the President shall review such
remedial action no less often than each five years after the initiation of such remedial
action to ensure that human health and the environment are being protected by the
remedial action being implemented. In addition, if upon such review it is the judgment of
the President that action is appropriate at such site in accordance with section [104] or
[106], the President shall take or require such action. The President shall report to the
Congress a list offacilities for which such review is required, the results of all such
reviews, and any actions taken as a result of such reviews.
The Agency interpreted this requirement further in the NCP; 40 CFR Section 300.430(f)(4)(ii)
states:
If a remedial action is selected that results in hazardous substances, pollutants, or
contaminants remaining at the site above levels that allow for unlimited use and
unrestricted exposure, the lead agency shall review such action no less often than every
five years after initiation of the selected remedial action.
The Minnesota Pollution Control Agency (MPCA) staff completed the First Five-Year Review
of the Remedial Action (RA) conducted at the East Bethel Landfill Site in East Bethel,
Minnesota on January 18, 2001. This Five-Year Review evaluates whether the RA remains
protective of public health/welfare, and the environment.
This second five-year review focuses on the protectiveness of the East Bethel Landfill Site. The
five-year review is required due to the fact that hazardous substances, pollutants, or
contaminants remain at the Site above levels that allow for unlimited use and unrestricted
exposure.
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II. SITE CHRONOLOGY
Date
Event
1969
Unpermitted landfilling operations by Sylvester Bros. Development Company (SBDC)
11/18/1971
The Minnesota Pollution Control Agency (MPCA) issued a permit for landfill
operations (mixed municipal solid waste and demolition debris)
1974
Landfill ceased general acceptance of mixed municipal solid waste
1974-1994
Landfill accepted demolition debris, certain industrial waste, and mixed municipal
waste from the City of East Bethel only.
1994-1995
Landfill accepted only demolition debris.
10/1984
Landfill placed on Minnesota's Permanent List Priorities
09/18/1985
Landfill proposed to the National Priorities List (NPL)
06/10/1986
Landfill placed on the National Priorities List (NPL).
04/28/1987
Response Order by Consent between SBDC and MPCA for performance of the
Remedial Investigation and Feasibility Study (RI/FS)
1989
Interim Response Action Pumping System installed
05/23/1990
Final RI Report Approved.
08/10/1992
Final FS Report Approved
08/12/1992
Proposed Plan for Remedial Action released to the public for comment
08/27/1992
Public Meeting to discuss Proposed Plan for Remedial Action
12/30/1992
MPCA signed the Record of Decision (ROD) for Operable Unit (OU) 1, Groundwater.
03/04/1993
United States Environmental Protection Agency (EPA) concurred with the OU 1 remedy
selected by MPCA and set forth in the ROD
02/1994
Remedial Design for Operable Unit 1
09/1994
Site was entered the MPCA's Closed Landfill Program
09/1995
Remedial Action for Operable Unit 1
05/07/1996
Site was deleted from the NPL.
07/22/1999
60-acre landfill property transferred to MPCA with restrictions and easements
(restrictions and easements also placed on adjoining properties)
06/2000
Preliminary Close Out Report
01/2001
Completion of the first Five-Year Review
Early 2004
to present
Upgraded landfill activities
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III. BACKGROUND
Physical Characteristics
The East Bethel Sanitary Landfill Superfund Site is located in north-central Anoka County, East
Bethel Township, approximately one-half (V2) mile east of Minnesota Highway 65, along 217th
Avenue. Abundant wetlands are in the general vicinity of the landfill. The landfill area is roughly
rectangular in shape. It has a maximum height of approximately 50 feet above the grade
elevation of the surrounding areas. It is 34.7 acres in size and contains approximately 1,241,900
yards of waste.
Adjacent Land and Resource Use
Neds Lake is located approximately one thousand (1000) feet to the south/southeast of the Site.
Neds Lake is used for recreational purposes, primarily duck hunting, due to its shallow depth of
3.5 feet. Open fields exist north and east of the Site with interspersed woodlands around all sides
of the Site. A housing development was built to the south/southwest of the Site. The nearest
household with a residential well is approximately 500 feet to the west of the Site. Other land
uses in the area include sod framing, general agricultural uses, and strip development of retail
establishments along Highway 65.
The Minnesota Closed Landfill Program requires land management plans at every closed
landfill. The East Bethel Landfill land management plan led to the integration of the Site into the
Sandhill Crane Natural Area (SCNA). The municipality and MPCA created open space suitable
to migrating Sandhill Cranes, offsetting the encroaching development around the landfill.
Conservation practices will be instituted under the Master Plan to maintain native plant diversity
and prevent invasion by non-native plant species.
History of Contamination
The Site has been owned and operated by the Sylvester Bros. Development Company (SBDC)
since filling began in 1969. In 1971, the MPCA issued a permit (SW-47) to SBDC for operation
of the Site. In July 1985, an amended permit was issued to SBDC as part of a statewide
repermitting effort. The Site has accepted predominantly demolition debris waste from
residential customers. A limited amount of industrial waste was accepted between 1969 and
1976.
Initial Response
In 1981, Anoka County modified the groundwater monitoring requirements for landfills in
Anoka County. In response to the change in license conditions, SBDC conducted sampling of the
14 on-site monitoring wells for heavy metals, volatile organic compounds (VOCs), polynuclear
aromatic hydrocarbons (PAHs), phenolic compounds, base/neutral extractable compounds and
pesticides. The first set of expanded samples collected from existing monitoring wells in 1982
indicated the presence of VOCs in the groundwater near the Site. Subsequent sampling
confirmed the presence of VOCs in the groundwater. The Site was placed on the Minnesota
Permanent List of Priorities in October, 1984, and was included on the National Priorities List
(NPL) on June 10, 1986.
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SBDC and MFC A entered into a Consent Order for performance of the Remedial Investigation
and Feasibility Study (RI/FS) in 1987. SBDC conducted the RI in compliance with the Consent
Order and the approved RI Work Plan. The RI Report was submitted in February, 1990, and
approved by the MPCA on May 23,1990. After the RI was approved, the FS phase of the
investigation was implemented. The first phase of the FS, the Establishment of Response Action
Objectives Report, was approved on May 16, 1991. The second phase of the FS, the Alternatives
Report (AR), was developed and submitted to the MPCA on June 17, 1991. The purpose of the
AR was to review the various response actions that were outline in the Objectives Report. The
AR was approved by the MPCA on October 3, 1991. The third phase of the FS, the Detailed
Analysis Report (DAR), was submitted in January, 1992. MPCA required additional
information, a DAR addendum was submitted, and MPCA approved that DAR addendum in
August 1992.
Basis for Taking Action
An endangerment assessment was conducted as part of the RI. Unacceptable risks to human
health were identified for the ingestion of groundwater. Groundwater beneath the Site has been
contaminated by leachate discharging from the landfill wastes. A surficial sand unit is a pathway
for migration of groundwater to surface water bodies and residential wells. In addition, it was
determined that humans could be potentially exposed to groundwater contaminants in a future
residential scenario from drinking water and from surface water during recreational activities.
Aquatic life could also be at risk if groundwater contaminants migrate to the surface water
bodies. Prior id implementation of the remedies, vinyl chloride, benzene, and
tetrachloroethylene, among other chemicals, exceeded the Federal and State drinking water
standards. The aggregate cancer risks identified in ground water at the Site, prior to remedy
implementation, exceeded 1 x 10"2.
IV. REMEDIAL ACTIONS
Remedy Selection
The remedies selected for East Bethel Sanitary Landfill Superfund Site included source control/
containment, groundwater extraction and treatment, and monitoring. These remedies were
implemented as two operable units. Operable Unit 1 (OU1) addressed the groundwater
contamination and the Record of Decision (ROD) was signed in 1992. This remedy consisted of:
The installation of a groundwater capture, system in the A/B and C-horizon
aquifers;
Treatment of captured groundwater utilizing metals pretreatment with diffused
aeration; and
Additional aeration via a rip-rap spillway prior to discharge to Neds Lake.
Operable Unit 2 (OU2) addressed the landfill itself and the work was addressed through the
MCLP. As part of the MCLP, the original owners of the landfill and the State of Minnesota
entered into a Landfill Cleanup Agreement (also called a Binding Agreement). As part of the
MCLP program, Minnesota takes over responsibility for the landfill and brings the landfill up to
standards that are protective of public health and the environment. In addition, all operation and
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maintenance is the responsibility of the Minnesota Pollution Control Agency (MPCA).
The landfill was closed in 1994 and construction of the geomembrane final cover was completed
in 1995, before the OU2 ROD was drafted. The complete remedy for source control included:
High permeability sand layer to promote passive gas venting;
Synthetic landfill cap (40mil. HDPE) to prevent infiltration of precipitation;
Rooting zone soils;
Top soil;,
Passive gas vents connected by lateral lines.
Upon signature of the Binding Agreement on October 11,1995, the 60-acre landfill property was
transferred to MPCA arid a Notice of Compliance was issued for the landfill on October 31,
1995. The land titles for this property were recorded for the MPCA in 1999. Subsequently, the
Site was delisted from the NPL in 1996. Years later, a diversion berm on the west side of the
landfill failed. A new downslope spillway, consisting of a catch basin, a 15" pipe, rip rap, and a
small sedimentation basin were installed to remedy the problem. MPCA continues to manage the
operation and maintenance of the landfill.
As part of the Closed Landfill Program, a land management plan must be implemented. The East
Bethel Landfill land management plan led to the integration of the Site into the SCNA. The
municipality and MPCA created open space suitable to migrating Sandhill Cranes, offsetting the
encroaching development around the Site. Conservation practices are instituted under the Master
Plan (finalized in December 2001), to maintain native plant diversity and prevent invasion by
non-native plant species.
The ROD did not call for implementation of institutional controls, although the remedy leaves
remaining on-site hazardous substances, pollutants or contaminants that are above levels that
allow for unlimited use and unrestricted exposure.
Remedy Implementation
The Remedial Design for OU1 was completed by the MPCA on February 11, 1994. A
groundwater extraction system was then constructed as well as a water treatment system.
In the middle of March 1995, the owner's consultant submitted the enhanced cover design to
MPCA. The Site had a final cover construction in the fall of 1995. The waste pile was graded
and had low areas filled with soil prior to cover construction. The cover consisted of deployment
of a Bentofix geosynthetic clay liner, overlain by a 40-mil thick very low density polyethylene
geomembrane. The barrier layers were covered with a minimum of 12 inches of sand overlain by
six inches of rooting zone soil and six inches of topsoil. The topsoil was seeded with a mixture
of grasses for turf establishment. Drainage berms and drainage collection pipes were installed to
control surface water runoff. A passive landfill gas venting system was installed to relieve
pressure buildup due to biodegradation of the in-place waste. The final cover construction was
completed in August 1995.
All construction was complete on August 31, 1995 including the construction of the groundwater
capture system and groundwater treatment facility and the final landfill cover. The Site was
deleted from NPL on May 1996. A Preliminary Close-Out Report was signed on June 30, 2000.
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Operation & Maintenance (0&M)/Monitoring Program
In 1995, the geomembrane final cover was installed. Over time, cover soils have sloughed off the
geomembrane. After examination, it was revealed that the engineered slopes were not within the
limits specified by MPCA guidance for final covers. In addition, through the monitoring
program, it was . discovered, that the passive landfill gas venting system does not adequately
control the migration of gas (gas escapes through the surrounding sandy soils). Details are
provided in the following paragraphs.
In 2001, on behalf of MPCA, United Research Services (URS) completed a study of an adjacent
parcel, west of the Site (Kurak property). This study was to determine the presence or absence of
additional waste material on that parcel. If present, URS was also tasked to ascertain the extent
and types of waste on that parcel. The 2001 study indicated that waste, mostly demolition debris,
had been disposed on the Kurak parcel.
In November of 2003, URS was retained to complete an investigation and survey of the landfill
site and ascertain:
the amount of useable cover soils lying above the geomembrane cover;
define waste characteristics, and
the adequacy of the passive gas control system and whether or not an active
system would be more suitable with the installation of a new cover.
In early 2004, MPCA tasked URS to excavate test pits in the northwest comer of the landfill.
Historical written records indicated thatl this area was free of waste but MPCA staff believed
that there was waste buried deep in this area. The test pits confirmed the presence of waste
between the Kurak property and the landfill property.
The investigations led to a decision by the MPCA to relocate the waste from the adjacent Kurak
property and incorporate this waste into the landfill. Additionally, the construction of an active
gas extraction system and modification of the ground water pump and treat system will be
completed. The design work for the waste relocation, cover upgrade and groundwater treatment
system was completed in 2005. The project was bid and awarded in the fall of 2005.
MPCA recently contracted with Ames Construction to consolidate the waste found in the test
pits, reshape the landfill waste, for better long-term functioning of the cover, reinstall an
upgraded synthetic cover, install a drainage layer and vegetative cover, install an active gas
collection system, and build an upgraded treatment system for the extracted contaminated
groundwater. The upgraded landfill cap is expected to be completed in November, 2006.
The major O&M and monitoring activities at the Site are:
Landfill Cover System
The landfill cover is mowed annually. The cover is inspected for erosion or other damage and
repairs are made, when and where necessary to maintain the integrity of the cover system,
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including maintaining proper slopes for positive drainage off the fill area. As previously
discussed, an upgraded cover system is being installed and is scheduled for substantial
completion by the fall of 2006. Biannual (twice per year) mowing of the landfill will be
conducted after vegetation is established on the final cover.
Leachate System
This landfill does not have a leachate collection system. No seeps have been observed since it
was closed over a decade ago. The active gas extraction system that will be installed will have
leachate collection tanks. This leachate will be hauled off-site to a wastewater treatment plant for
treatment and disposal.
Landfill Gas System
The passive gas venting system was found to be inadequate in 2003 through gas probe
monitoring. At that time, half the probes detected exceedances of the lower explosive limit
(LEL) and these were the probes located at the west/northwest comer of the landfill near the
Kurak property. Therefore, MPCA is installing an active gas collection system. The design
incorporates an enclosed flare that will bum all of the extracted methane along with other non
methane organic compounds.
Groundwater Monitoring and Extraction System
The groundwater monitoring system currently includes twenty-two (22) monitoring wells that
are sampled quarterly. There are forty (40) other monitoring wells around the Site that are
maintained. Some of these wells will be maintained for water level measurements and/or
periodic sampling as needed. Also, some wells will need to be abandoned for construction of the
new landfill cover. Some of these abandoned wells will be replaced when construction activities
are complete. These monitoring wells are completed in the water table, at intermediate depths in
the drift aquifer and deep in the drift aquifer. The groundwater monitoring system is in good
operating condition.
Three water quality sampling events occur each year, (spring, summer, and fall) and the samples
are analyzed by the Minnesota Department of Health Laboratories. Groundwater flow beneath
the landfill is generally south towards Ned's Lake. In general, water elevation has shown an
increasing trend from the late 1980s to the mid-1990s, followed by a steep decreasing trend until
early 2001. Trends since 2001 show a rebound of groundwater elevation data back to average
values.
The results of the laboratory analysis of the groundwater samples collected during 2002, 2003,
2004, and 2005 indicated moderate impacts to the groundwater. Long-term downward trends in
total VOCs are evident in data collected from the water table monitoring wells. Data for the
intermediate and deeper portions of the aquifer do not all follow a decreasing trend as in the
water table wells. MW-110B continues to behave counter to the general trends having erratic
high and low readings that appear seasonally dependent and may be related to the seasonality of
the pump and treat system. The new groundwater pump and treat system, to be installed in 2006,
will be designed to operate year round and may have a positive effect on these trends. These
trends will continue to be monitored. Monitoring data from MW-120B and 120C show similar
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downward trends over time of individual contaminants within one well. The trend of
tetrachloroethene in MW-122C is of concern. It is an aberration to the general understanding of
the ground water flow and contaminant distribution under and adjacent to the Site. This trend,
along with possible other sources of this contaminant will continue to be evaluated.
Contaminated groundwater is removed by 7 pumpout wells which pump water to an aeration
tank for removal of volatile organic compounds (VOCs). The system was constructed in 1994.
At that time, in addition to aeration, additional treatment included cationic and anionic polymers
added to flocculate the iron and carbonate (precipitation), sludge settling, and sludge filtering
with excess liquid pressed out. Sludge is stored in a roll-off box until sufficient volume is
collected for disposal., The final discharge water then moves by gravity flow to Ned's Lake.
Since 1998, the iron and carbonate precipitate in a settling/infiltration pond and the water either
infiltrates back into the aquifer and/or in instances of high precipitation, discharges to a
constructed wetland or Ned's Lake.
MPCA found the extraction and treatment system difficult to operate and it required frequent
maintenance. The system was designed to operate at 100 gallons per minute (gpm) for seven (7)
months of the year. Therefore, the capture zone was modeled based on these rates and a total of
30 million gallons ofl water. However, due to cycling of the pumps off and on in the wells, the
average flow rate has been closer to 60 gpm, which totals about 15 million gallons per year.
Increased flow rates do not appear to be feasible due to lower transmissivities southwest of the
landfill. Adverse weather conditions in the spring during some years have delayed startup of the
system until May. However, the greatest infiltration and runoff occur in April. A longer pumping
season of at least eight (8) months is needed to maintain the capture zone.
Due to the findings in 2003, MPCA decided to modify the system. The pumpout wells are now
controlled by amp controllers rather than by pressure transducers. Approximately 2.63 million
gallons of contaminated groundwater was withdrawn from the aquifer in 2003. In 2004,
approximately 7.63 million gallons were withdrawn. In 2005, approximately 4.21 million gallons
were withdrawn.
EPA's Groundwater Evaluation and Optimization System (GEOS) Team performed an
independent analysis of the groundwater data as part of this review. The GEOS report will be
provided to MPCA to assist MPCA in enhancing the monitoring and extraction system.
As part of the overall Site construction work, the groundwater remediation system will be
modified again. After reconstruction, the treatment system will be operated year round instead of
seasonally. Major modification components include replacing and/or rehabilitating existing
pumpout wells, construction of a new treatment basin and, construction of a new infiltration
basin. These basins will be constructed in the northwest corner of the landfill after the waste on
the adjacent Kurak property is removed and placed in the landfill.
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Annual System Operations/Q& M Cost
Dates
Total Cost
July 1999
July 2000
$115,619
July 2000
July 2001
$100,280
July 2001
July 2002
$145,645
July 2002
July 2003
$96,624
July 2003
July 2004
$108,921
July 2004
July 2005
$137,440
V. PROGRESS SINCE THE LAST REVIEW
The groundwater extraction and treatment system and groundwater monitoring has continued.
MPCA will now run the system year round to optimize performance. Some of the older shallow
monitoring wells east of the fill area, as well as an old on-site production well have been
abandoned. MPCA continues working with the MDNR, City of East Bethel and Anoka County
on the Sandhill Crane Natural Area. Six gas probes were also installed in 2003 and the results
were used to design a new active gas extraction system (to replace the passive system). In
conjunction with this, test pits and a survey of waste material was completed on the Kurak
property and the northwest corner of the landfill. In addition, MPCA hired a contractor to
conduct a property boundary survey and initiated and completed design of a new landfill cover.
Annual mowing occurred every year since the last review though the landfill is now undergoing
construction of a new cap (expected to be completed in November, 2006). Mowing will
recommence on a biannual basis after reconstruction of the cap. Finally, signage was placed at
the Site as well as around the entire Sand Hill Crane Natural Area in 2003.
VI. FIVE-YEAR REVIEW PROCESS
Administrative Components
The EPA Remedial Project Manager (RPM), Giang-Van Nguyen, notified MPCA of the
initiation of the five-year review process in the winter of 2005. This five-year review report was
written and completed by EPA based upon information provided by MPCA. Both MPCA and
EPA staff provided technical input for this review.
The components of the five-year review include the following:
• community involvement;
document review;
data review;
site inspection;
local interviews: and
five-year review report development and review.
9
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Community Involvement
A notice was published in the Anoka County Shopper (ABC Newspapers), Coon Rapid,
Minnesota on January 25, 2006, stating that the five-year review was being conducted. No
comments from the community were received by the MPCA or EPA.
On July 30, 2006, a notice was sent to the same local newspaper to announce that the Five-Year
Review report for the Site was completed and the results of the review and this Five-Year
Review Report were available to the public at: the Site repository located at the East Bethel City
Hall, Site Information Repository, 2241 221st Avenue, East Bethel, Minnesota; the EPA Region
5 office; and online at
http://www.epa.gov/region5/superfund/fivevear/fvr index.html#Minnesota.
A copy of the published notices can be found in Attachment 1.
Document Review
This Five-Year Review consisted of a review of:
1. Record of Decision (12/30/1992) for East Bethel Landfill;
2. Closed Landfill Program Annual Reports (1999,2003, 2004, and 2005) for the East
Bethel Sanitary Landfill;
3. First Five-Year Report (2001);
4. Minnesota Closed Landfill Program 2005 Annual Report to the Legislature (December
2005); and
5. Landfill Cleanup Agreement between Parties Associated with the East Bethel Landfill
and the Commissioner of the Minnesota Pollution Control Agency (10/04/1995).
Data Review
Groundwater data was reviewed from 34 wells (25 monitoring wells and 7 pumpout wells) and
compared to the cleanup standards specified in the 1992 Record of Decision (ROD).
Chemicals of Potential Concern
Contaminants
Standard (Units*)
Benzene
5
1,1 -Dichloroethane
70
1,2-Dichloroethane
4
1,2-Dichloroethene, cis
70
Methylene chloride
50
T etrachl oroethene
5
Trichloroethene
5
Vinyl Chloride
0.1
10
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MFC A has primary responsibility for review of the data. EPA supports MFC A in technical
reviews. MPCA, in its analysis of the groundwater samples collected during 2002, 2003, 2004,
and 2005, indicated moderate impacts to the groundwater. Long-term downward trends in total
VOCs are evident in data collected from the water table monitoring wells. Data for the
intermediate and deeper portions of the aquifer do not all follow a decreasing trend as in the
water table wells. MW-110B continues to behave counter to the general trends having erratic
high and low readings that appear seasonally dependent and may be related to the seasonality of
the pump and treat system. Monitoring data from MW-120B and 120C show similar downward
trends over time of individual contaminants within one well. The trend of tetrachloroethene in
MW-122C is of concern. It is an aberration to the general understanding of the ground water
flow and contaminant distribution under and adjacent to the Site.
As part of the Five-Year Review, EPA's GEOS team provided an additional independent review
of the data, using some statistical methods to help evaluate the trends in the deeper zones of the
aquifer and check the water table aquifer for any trends riot easily evident.
GEOS ran three different statistical tests on the Site data. The statistical tests were performed for
each contaminant at each individual sampling location. The following methodologies were used:
Trend analysis using all data points for each contaminant at each location.
Comparison to the standard test - using the upper confidence limit (UCL) for the
contaminant concentration of the most recent 4 samples in each well (and
comparing to the clean-up standard).
Comparison to the baseline test - run at each well location to identify those
locations where the contaminant concentrations (the most recent sampling events)
were greater or less than the historic baseline (defined as the first samples)
concentrations at each well.
The GEOS analysis is not dissimilar to MPCA's previous findings, though it provides more
detail on what may be occurring. There are increasing VOC concentration trends predominantly
in the deeper wells: PW-1C (benzene), MW-115B (1-1DCA), MW-111C (1,2-DCE), MW-5B
(cis-1,2 DCE, TCE), MW-122C (PCE, TCE). One water table well shows this increasing trend:
MW-13A (cis-1,2 DCE, VC).
As in MPCA's analysis, the most significant increase is at MW-122C, which is located some
distance downgradient of the groundwater recovery wells. Since concentrations at MW-122C
have not declined, it is unclear at this time whether these concentrations represent: (a) a slug of
contaminants that was not captured by the recovery system during a winter down period; (b) a
slug of contaminants that was not adequately addressed by the recovery system due to
incomplete Site characterization; or (c) a continuing release that occurs due to inadequacies in
the recovery system design, operation, or Site characterization.
The new groundwater pump and treat system, to be installed in 2006, will be designed to operate
year round and may address the increasing trends discussed above. MPCA will be provided with
the GEOS trend analysis to help MPCA optimize the new system.
11
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Site Inspection
MPCA personnel conduct periodic Site visits to observe conditions, including the landfill cover
system. The most recent Site inspection by MPCA personnel was on September 20, 2005.
However MPCA has its O&M contractor on-site every week to perform inspection and
maintenance of the groundwater extraction and treatment system. Typically, the groundwater
extraction system runs from April through the end of October. Subsequent to construction of the
new cover and extraction system, the system will be run year-round.
No major problems were observed with regard to the maintenance of the landfill (other than what
was previously discussed and is the reason the cap has been redesigned and will be reconstructed
this year). The fence system (including locks and gates) is intact and in good condition. All
access gates and groundwater monitoring wells are secured by locks.
Interviews
Since 1995, there have been no major problems communicated to the regulatory agencies by the
community with regards to the Site. Therefore, it was determined that no formal interviews with
the community were necessary for this Five-Year Review. EPA discussed the Site in detail with
MFC A staff to obtain updated information about the Site.
VII. TECHNICAL ASSESSMENT
Question A: Is the remedy functioning as intended by the decision documents? Yes.
The source control and groundwater remedies implemented at the Site have been generally
effective. Direct contact threats have been eliminated through the landfill cap. The groundwater
monitoring system is in good operating condition. Long-term downward trends in total VOCs are
evident in data collected from the water table. There are some increasing contaminant trends in
the deeper groundwater zone and a well near the boundary of the cone of depression. MFC A
will install a new groundwater pump and treat system in 2006 which will operate . year round. It
is being designed to address the limited increasing VOC trends in three deep wells. EPA will
provide MPCA the GEOS report to assist MPCA in enhancing the monitoring and extraction
system.
Upgrades to the cover, gas extraction system, and groundwater extraction system are being made
in 2006 to address erosion/slope failure, the need to go from a passive to active gas extraction
system, and to optimize the groundwater cone of depression and address contaminants in the
deeper aquifer zones. These activities will lead to continued improvement and long term
reduction of environmental impacts from the landfill.
Site access and use is restricted with a security perimeter fence, along with a restriction on the
surface water and the groundwater on the property. These controls and restrictions remain, and
are in place but require supplements.
Operation and maintenance remains effective and has been successful in identifying problems
that need to be addressed (as discussed, above).
12
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ICs were not required by the 1992 ROD. However, the 1995 Landfill Cleanup Agreement
(Attachment 5) between the PRPs and the MPCA includes a requirement to implement ICs to
prevent development of the Site within the fenced area, and to ensure integrity of the landfill and
other components of the remedial action. Site access and use is restricted. Attachment 9 contains
the ICs maps for the parcels covered by the Landfill Cleanup Agreement.
Question B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial
action objectives (RAOs) used at the time of the remedy selection still valid? Yes.
We note no changes in cleanup standards and cleanup levels "to be considered" for Site
contaminants. We also note no changes to contaminant exposure pathways considered in the
ROD.
Question C: Has any other information come to light that could question the protectiveness
of the remedy? No.
The landfill cap, gas extraction, and groundwater extraction and treatment are all necessary
components of the remedy and are currently minimally functional. Erosion and slope stability
issues have arisen over time, the need to switch from a passive to active gas extraction system
became evident through the monitoring program, and enhancements to the groundwater
extraction system are necessary to ensure that the cone of depression is maintained. Therefore,
once the new systems are constructed in 2006, the various remedy components should be
optimized and fully protective in the long-term.
Technical Assessment Summary
Improvements were needed to address erosion, slope stability, gas extraction, and groundwater
extraction. MPCA is already making the necessary changes to ensure continued protectiveness.
There have been no other changes in the physical conditions of the Site that would effect the
protectiveness of the remedy. There have been no changes in the toxicity factors for the
contaminants of concern that were used in the baseline risk assessment, and there have been no
changes to the standardized risk assessment methodology that could affect the protectiveness of
the remedy. There is no other information that calls into question the protectiveness of the
remedies.
VIII. ISSUES
Issue
Currently Affects
Protectiveness
(Y/N)
Affects Future
Protectiveness
(Y/N)
1. The existing passive gas extraction system is not
an efficient mechanism for addressing landfill gas
generated at this Site.
N
Y
2. Waste was discovered on property adjacent to the
Site and it should be excavated and incorporate it
into the existing landfill.
N
Y
13
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Issue
Currently Affects
Protectiveness
(Y/N)
Affects Future
Protectiveness
(Y/N)
3. The landfill has experienced some slope and
drainage malfunctions, which must be repaired.
N
Y
4. The groundwater extraction and monitoring
system requires optimization.
N
Y
5. Institutional Controls (ICs) were implemented but
need to be supplemented with: (1) maps (paper or
GSI versions) of all areas that require land and
groundwater use restrictions (confirming surveys
cover appropriate areas); (2) title commitment and
evaluation of prior in time encumbrances; (3) an
evaluation of the adequacy of current ICs; (4)
mechanisms to ensure regular inspection of ICs at the
Site; (5) annual certification; (6) adequate notice to
future land owners for information relevant to land
use restrictions; and (7) communications plan.
N
Y
IX. RECOMMENDATIONS
The remedy is functioning as intended. The following recommendations are:
No.
Issue
Recommendations/
Follow-up Actions
Party
Responsible
Oversight
Agency
Milestone
Date
Follow-up Actions:
Affects
Protectiveness
(Y/N)
Current
Future
1
Gas extraction
system needs
upgrade
MPCA has already
designed and is
currently
constructing an
active gas extraction
system
MPCA
EPA
Ongoing
and will be
completed
by Fall
2006
N
Y
2
Waste on
adjacent
property
MPCA will remove
waste and place into
landfill and then,
construct new cap.
MPCA
EPA
Ongoing
and will be
completed
by Fall
2006
N
Y
3
Landfill erosion
MPCA has already
designed and is
starting construction
of a new cap.
MPCA
EPA
Ongoing
and will be
completed
by Fall
2006
N
Y
14
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No.
Issue
Recommendations/
Follow-up Actions
Party
Responsible
Oversight
Agency
Milestone
Date
Follow-up Actions:
Affects
Protectiveness
(Y/N)
Current
Future
4
Monitoring
network and
groundwater
recovery
system should
be improved
Installing additional
monitoring wells
and augmenting the
groundwater
recovery system -
EPA providing
technical support
via GEOS team.
MPCA
EPA
Fall 2007
N
Y
5
IC plan
Submission of IC
plan that addresses
the following: (1)
map (paper or GSI
versions) of all
areas that require
land and GW use
restrictions
(confirming surveys
covers appropriate
areas); (2) title
commitment and
evaluation of prior
in time
encumbrances; (3)
evaluation of
adequacy of current
ICs; (4) mechanisms
to ensure regular
inspection of ICs at
the Site; (5) annual
certification; (6)
adequate notice to
future land owners
for information
relevant to land use
restrictions; and (7)
communication
plan.
MPCA
EPA
February
2007
N
Y
X. PROTECTIVENESS STATEMENT
The remedy is currently protective of human health and the environment because there is no
evidence of a cap breach or exposure to contaminated groundwater and the existing use is
consistent with the stated objectives of the landfill cap and anticipated use restrictions. Further,
long-term protectiveness of the landfill and groundwater requires continued evaluation of
existing ICs to ensure that the ICs are effective and in compliance with land use restrictions to
prevent interference with the cap and prevent exposure to groundwater contaminants. Long-term
protectiveness will be ensured by maintaining effective ICs, optimizing the groundwater
15
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extraction system, continued long-term monitoring (and enhancement of the monitoring system),
addition of the active gas extraction system, and installation of the new cap.
XI. NEXT REVIEW
The next Five-Year Review for the Site is required by September 2011, five years from the date
of this review.
16
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Attachment 1: Maps
1 - Site Location
2 - East Bethel Site Groundwater Remedy
3 - East Bethel Site Monitoring Network
-------
Site Location
Superfund
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U.S. Environmental Protection Agency
East Bethel Landfill
Anoka County, MN
MND981088180
Figure 1
Site
f.raMiad to sm
US IPAttipon SonftOWMdG
DjIn 7(133
Legend
Site Boundary
i
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-------
S.S, PAPADOPULOS St ASSOCIATES, INC.
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Extraction We Is
Figure 1 East Bethel Site Groundwater Remedy
-------
>dli S.S. Papadopulos 6c Associates, Inc.
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WL Monitoring Well
COG Monitoring Wei
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Hgure 3 East Bethvl Site Monitoring Network
-------
Attachment 2: Five Year Review Public Notice
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Fast Bethel. Minnesota
U.S. biMiwimcniJil PrrtEtllM Apnc)' it reviewing the dletlivciicu o!
the cleanup tlstt was done at Ike fcjil Bethel Demolition 1 .and Fill
Supertbml »ite. supertax) lav requires ft ve-ycar review* of sites where
lite cleanup is cilhcr done «rr in prioress bul hi/urilniiv uasle remains on
slis nicvc nve-ye*r rcntew* ire done w ensure ihtt the clear up ranatro
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• site Information
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I-._i. Uathci City Hull
Site liifcirtruuion Repwitorj
2341 '21* Ave.
East Bethel
Questions or ecuKcriu regarding the cleanup ur the review khmdd he
directed Iti:
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-------
Attachment 3: MPCA's Landfill Cleanup Program
1999 Annual Report (First Five Year Review Report)
-------
.andfill Cleanup Program
1999 Annua! Report SW-047
East Bethel Sanitary Landfill
DUPUCATfc
RECORDS CE^'i
. ,7TH FLOOR
Minnesota Pollution Control Agency
-------
East Bethel Sanitary Landfill
SW-047
1999 Annual Report
Completed by
October 31, 2000
Project Leader: Jean Hanson
Hydrologist: Joe Julik
Engineer: Peter Tiffany
Regional Representative: Pat Hanson
Closed Unit Annual Report
-------
Table of Contents
I. Site Background
II. Site Engineering Summary
A. Landfill Cover Design/Construction Summary
B. Leachate Management System Summary
1. Leachate Management System Maintenance Summary
2. Leachate Monitoring Summary
C. Landfill Gas Management System Summary
1. Landfill Gas Management System Maintenance Summary
2. Landfill Gas Monitoring Summary
D. Additional Maintenance Summary
E. Site Engineering Recommendations
F. Land Recovered for Beneficial Use
III. Site Environmental Monitoring Summary
A. Ground Water Monitoring/Remediation System Summary
1. Ground Water Monitoring System Maintenance Summary
2. Ground Water Monitoring Summary
3. Ground Water Remediation System Maintenance Summary
4. Ground Water Remediation Summary
5. Monitoring System Modifications
B. Surface Water Monitoring Summary
C. Additional Monitoring Summary
D. Site Monitoring Recommendations
IV. Recommendations Summary
V. Inspections
VI. Required Permits
VII. Certifications
A. Hydrogeologic Certification
B. Engineering Certification
C. Annual Report Certification
D. Field Inspector Certification
E. Statement of Protectiveness (5 Yr Review)
Figures
Site Location Map
Ground Water Elevation Contour Maps
Graphs Showing Trends in Ground Water Quality and Water Table Elevations
Water Levels of Ned's Lake
Table
Ground Water Monitoring Laboratory Data and Water Table Elevations- see MPCA files
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I. Site Background
The East Bethel Sanitary Landfill (Landfill), located in Anoka County, East Bethel Township
(T33N, R23W, Sect. 8), received its first permit to accept waste on 11/18/71. The landfill
reportedly accepted predominantly demolition debris. Limited amounts of industrial waste and
municipal solid waste were accepted between 1969 and 1976 in a seven acre area in the
southwest corner. The demolition landfill was closed in December 1995.
In accordance with the legislation enacted in 1992, (Minn. Laws 1992, Ch. 513, Art. 2, Sec. 2,
Subd. 3), the Minnesota Pollution Control Agency (MPCA) assessed and classified closed
landfills in Minnesota. According to that assessment and classification, the East Bethel Sanitary
Landfill has been rescored with a ranking of B and a score of 35. While this classification may
be revised annually as needed, the rank of B indicates that this landfill may require additional
remedial action to control gas migration and/or ground water contamination.
The East Bethel Sanitary Landfill is 34.7 acres in size and contains approximately 1,241,900
yards of waste. The Landfill was under private ownership when in operation. Sixty acres have
been transferred to the MPCA with additional restrictions and easements on some of the
adjoining property shown on Figure 1. The land titles for this property were recorded for the
MPCA in 1999.
A forum is held annually among the staff members assigned to the East Bethel Sanitary Landfill
to evaluate the status of this site. Additional information regarding the Closed Landfill
Assessment can be found in the Closed Landfill Assessment Report (January 1995).
II. Site Engineering Summary
A. Landfill Cover Design/Construction Summary
The final cover was installed during the summer of 1995 by the owner. A diversion berm on the
west side failed and a new downslope spillway consisting of a catch basin with a 15" pipe
discharging to rip rap and a small sedimentation basin were installed. The landfill cover is
currently maintained by the MPCA and its contractors. The landfill was mowed in August, 1999.
B. Leachate Management System Summary
1. Leachate Management System Maintenance Summary
The East Bethel Sanitary Landfill does not have a Leachate Management System for
leachate collection.
2. Leachate Monitoring Summary
There are no leachate monitoring points at the East Bethel Sanitary Landfill.
C. Landfill Gas Management System Summary
1. Landfill Gas Management System Maintenance Summary
The East Bethel Sanitary Landfill has a passive gas venting system. There are no plans to
install an active system as it is not believed to be technically warranted. This is due to the
fact that most of the waste that went into this landfill was demolition debris, much of
-------
which does not degrade in such a way to produce significant amounts of methane gas.
2. Landfill Gas Monitoring Summary
There are currently no landfill gas monitoring points at the East Bethel Sanitary Landfill.
The MPCA staff will contract to have approximately six methane monitoring probes
installed around the perimeter of the landfill in 2000. This is being done to confirm that
there is no off site migration of methane gas at this site. (Note: As of this writing, the gas
investigative work is in progress) Findings of this monitoring will be available from the
MPCA files and a summary of their findings will be included in next year's annual report.
D. Additional Maintenance Summary
A down slope spillway was added on the east side in 1996 at the owner's expense. The site was
mowed annually since 1997. No trespassing signs were posted around the base of the fill.
E. Site Engineering Recommendations
The site will be inspected after mowing to evaluate the need for possible erosion and settling
repair. New chain link fencing was install around much of the site in 1998. The site was
surveyed at 2 foot contours in 1999. The top slope settlement will be corrected as necessary. Six
gas probes will be installed in 2000.
F. Land Recovered for Beneficial Use
The landfill is currently open space and is used by a variety of wildlife including birds and deer.
The MPCA staff are working with the MDNR, City of East Bethel and Anoka County on a
cooperative project titled the Sandhill Crane Natural Area (SCNA) of which the landfill is a part.
On October 26, 1999 the MPCA signed the SCNA Land Management Plan.
III. Site Environmental Monitoring Summary
A. Ground Water Monitoring/Remediation System Maintenance Summary
1. Ground Water Monitoring System Maintenance Summary
Five of the monitoring wells were redeveloped on September 17,1997. Dedicated pumps
were installed in November, 1997. No significant alterations were made to the ground
water monitoring system in 1999.
2. Ground Water Monitoring Summary
Three rounds of water quality samples were collected by Interpoll Laboratories, Inc.
(Interpoll) in 1999. The landfill monitoring system consists of 56 wells and one surface
water sampling point. Six additional piezometers were used in determining water level
elevations. Thirty-seven (37) wells were sampled as part of the 1999 sampling season.
Some wells were removed from active sampling due to a long sampling record with no
contaminant detection. Locations of each of the monitoring points are shown on the
attached maps.
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A table has been prepared to show groundwater elevation data for each of the wells
monitored. Due to the installation of dedicated pumps and pump caps, the top of casing
elevations may have changed up to two inches. Therefore water levels from these wells
may be high, and the ground water flow contours may also be somewhat off. Review of
ground water data indicates that the groundwater flow direction in the surficial aquifer
was to the south-southwest and the flow direction in the deep aquifer was to the
south-southwest. Based upon the ground water flow data, there were 3 upgradient wells,
29 downgradient wells and 16 wells that were side gradient to flow from the fill area.
The water quality analytical data obtained from the sampling events includes inorganic
and organic sets. Water quality data collected from the existing monitoring system at the
landfill site is tabulated and is found in the excel spreadsheet for this site (The entire
spreadsheet is found in the electronic version of this report and/or in the MPCA files).
Graphs showing trends in water quality and ground water elevations are also included.
Laboratory analyses of inorganic and organic parameters were performed by Minnesota
Department of Health (MDH). Ground water samples collected from monitoring wells
have shown impacts from organic and inorganic parameters. The Health Risk Limits
(HRLs) have been exceeded at the permitted facility boundary for Volatile Organic
Compounds (VOCs). VOC concentrations continue to show fluctuations due to the
disturbances from the cover and pumpout systems. VOCs with the greatest number of
exceedances of the HRLs are: benzene, 1,1-dichloroethane, 1,1-dichloroethylene,
1,2-dichloroethylenecis, and tetrahydrofuran.
The HRL for manganese was revised to a higher value of 1 mg/1 in 1999.. As a result, the
number of HRL exceedances for manganese have been reduced by two-thirds but is still
exceeded at several permitted facility compliance wells.
3. Ground Water Remediation System Maintenance Summary
The ground water remediation system consists of 7 pumpout wells. The wells were
acidized and the pumps and discharge lines cleaned in 1999
4. Ground Water Remediation Summary
Approximately 14.7 million gallons of water were pumped in 1999. The pumpout wells
effectively capture the ground water plume during operation, however improvements in
water quality have not been significant. The pumpout system was constructed during the
summer of 1994, and has been operated during the summers of 1995-1999. Continued
operation of the system is required to prevent the ground water plume from the landfill
from impacting downgradient residences and Ned's Lake.
The system consists of 7 pumpout wells which pump water to an aeration tank for
removal of the VOCs. (Historically, the next treatment steps included cationic and
anionic polymers are added to flocculate the iron and carbonate, and the sludge is settled,
filtered, and excess liquid pressed out. The sludge was stored in a rolloff box until
sufficient volume has been reached for disposal. The final discharge water then flowed
by gravity to Ned's Lake.) Now, since 1998, the iron and carbonate precipitate in a
settling/infiltration pond and the water either infiltrates back into the aquifer and/or in
instances of high precipitation discharges to a constructed wetland and possibly Ned's
Lake.
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An NPDES permit from Water Quality sets the criteria on inorganic parameters and
VOCs for discharge of the treated water into the lake. Pumpout water cannot be
discharged directly to Ned's Lake because of the high levels of VOCs, iron and total
suspended solids (TSS). After the aeration tank removes the VOCs, further treatment is
necessary only because the discharge water is still high in iron and TSS. The East Bethel
treatment system has an average influent containing 18 to 20 mg/L of iron and 43 to 52
mg/L of total suspended solids. New NPDES discharge standards include 30 mg/L of
TSS and 1.245 mg/L of dissolved iron.
The treatment system described above was difficult to operate properly and required
frequent maintenance. The system was designed to operate at 100 gallon per minute
(gpm) for seven months of the year. Therefore the capture zone was modeled based on
these rates and a total of 30 million gallons of water. However, due to cycling of the
pumps off and on in the wells, the average flow rate has been closer to 60 gpm, which
totals about 15 million gallons a year. Increased flow rates do not appear to be feasible
due to lower transmissivities southwest of the landfill. Adverse weather conditions in the
spring during some years have delayed startup of the system until May. However, the
greatest infiltration and runoff occur in April. A longer pumping season of at least eight
months is needed to maintain the capture zone. An earlier startup in the spring is
particularly important in order to capture infiltration from the snow melt.
Since the water quality and geology is very similar to the Isanti-Chisago system, a
decision was made by the East Bethel site team to construct a similar system at East
Bethel. Water is now discharged to a settling /infiltration pond instead of removing the
iron and suspended solids with the present treatment system. Design for the pond size
and placement and modifications to the plumbing system was done in 1997/8, and
construction is now complete. The present pumpout well system and aeration tank and
blowers will be kept. Removal and sale of other portions of the present treatment system
will be made after discharge from the new system has operated for a season and been
proven to meet water quality requirements. Arrangements for this decommissioning of
equipment is now being made.
There have not been treatment system effluent samples taken since the system was
changed as there has not been any water discharged to either the wetlands or Ned's Lake.
This is because all discharge water has either infiltrated into the ground through the base
of the stabilization pond and/or evaporated. A sampling weir is being considered which
would allow for estimating what the discharge water quality would be if discharge
occurred.
5. Monitoring System Modifications
Some of the older shallow monitoring wells east of the fill area are scheduled to be
abandoned. The old "shop well" will be abandoned in 2000.
B. Surface Water Monitoring Summary
One surface water point was monitored at the Ned's Lake. It showed no impacts to water quality
due to the landfill. In addition the effluent from the treatment system is also monitored. A graph
showing the water level of Ned's Lake has been attached.
-------
C. Additional Monitoring Summary
A list of the residential wells which are included in the monitoring system for the East Bethel
Sanitary Landfill included: RW-5, RW-6, RW-7, RW-8, and RW-20. Residential water samples
have shown no impacts from the landfill. Residential well monitoring has been reduced to once
per year.
D. Site Monitoring Recommendations
Continue monitoring in 2000. Add another monitoring well on the southwest side of the landfill
to verify pumpout system effectiveness.
IV. Inspections
Quarterly inspections related to landfill conditions have been completed and reports are in the
files. No outstanding inspection issues were noted in 1999.
V. Required Permits
The DNR Water Appropriation Permit and NPDES Permit have been transferred to the MPCA
Solid Waste Section. Reports are filed annually and quarterly.
IV. Recommendations Summary
Continue monitoring ground water and operating the pumpout system. Some of the older shallow
monitoring wells east of the fill area, as well as an old on-site production well are scheduled to
be abandoned. The MPCA staff will continue working with the MDNR, City of East Bethel and
Anoka County on a cooperative project titled the Sandhill Crane Natural Area (SCNA). Six gas
probes will be installed in 2000. Any erosion and/or settlement of the cover system will be
corrected as needed The SCNA Land Management Plan which includes the East Bethel Landfill
was signed on October 26, 1999.
VII. Certifications
A. Hydrogeologic Certification
I certify, that the hydrogeologic portions of this document and all attachments, were prepared
under my direction or supervision under a system designed to assure that qualified personnel
gathered and evaluated the information submitted. Based upon my inquiry of the person or
persons who managed the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. Furthermore, I certify that I am knowledgeable in the field of hydrogeology.
Name: Joe Julik
Title: Hydrogeologist
Date: October 31,2000
Mailing Addres§*r5?Q Lafayett^ad,$f Paul, MN 55155
Phone: 296-8454
Signature: t fiL 1 //
z
-------
B. Engineering Certification
I certify, that the engineering portions of this document and all attachments, were prepared under
my direction or supervision under a system designed to assure that qualified personnel gathered
and evaluated the information submitted. Based upon my inquiry of the person or persons who
managed the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
Name: Peter Tiffany Title: Engineer
Date: October 31,2000
Mailing Address 5?0 Lafayette Road, St. Paul, MN 55155
Phone: 296-7274
Signature; ^ ^, /A
C. Annual Report Certification
I certify, that this document and all attachments, were prepared under my direction or
supervision under a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based upon my inquiry of the person or persons who
managed the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
Name: Jean Hanson
Title: Project Leader
Date: October 31,2000
Mailing Address: 520
.afayette Road, St Paul, MN 55155
Phone:296-7390
Signature: ^24^
D. Field Inspection Certification
I certify, that this document and all attachments, were prepared under my direction or
supervision under a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based upon my inquiry of the person or persons who
managed the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete
Name: Pat Hanson
Title: Field Inspector
Date: October 31,2000
Mailing Address: 520 Lafayette Road, St. Paul, MN 55155
Phone:296-7740
Signature:
E. Five Year Review
Authority and Purpose
Section 121 (c) of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), as amended by SARA and Section 300.430(f) (4) (ii) of the National Contingency
Plan (NCP), require that periodic (no less often than five years) reviews are to be conducted for
-------
sites where hazardous substances, pollutants or contamination remain at the site above levels that
will not allow for unlimited use or unrestricted exposure following the completion of remedial
actions for the site. The purpose of a statutory five-year review is to evaluate whether the
remedial action remains protective of human health and the environment. This review focuses on
the protectiveness of the East Bethel Landfill, located in East Bethel, Minnesota. This review
will be placed in the Site files and local repository for the East Bethel Landfill at 77 W. Jackson,
Chicago, IL 60604.
The United States Environmental Protection Agency (U.S. EPA) has established a three-tier
(with a sub-tier for Tier 1) approach to conducting Five-Year Reviews, the most basic of which
provides a minimum protectiveness evaluation for sites with on-going response actions at the site
(Level I review). U.S. EPA contemplates that a Level I review will be appropriate in all but a
relatively few cases where site-specific considerations suggest otherwise. The second and third
levels (Level II and Level III) of review are intended to provide the flexibility to respond to
varying site-specific considerations, employing further analysis. Site specific considerations,
including the nature of the response action, the status of the on-site response activities , and the
proximity to populated areas and sensitive environmental areas determine the level of review for
a given site. A Level I review was conducted for this site.
Statement of Protectiveness
The Record of Decision (ROD) for the East Bethel Landfill was signed by the US EPA on
December 30, 1992. The ROD identified two operable unit to be addressed as part of
remediaiton of this site.
The Record of Decision (ROD) for the Operable Unit (Ground Water Contamination) consisted
of the following elements:
1) Ground Water Pump and Treat System and
2) Long term groundwater monitoring program to assess trends in water quality
downgradient of the landfill.
The ROD for the Operable Unit Two (Source of Contamination) consisted of the following
elements:
1) High permeability sand layer to promote passive gas venting;
2) Synthetic landfill cap (40 mil. HOPE) to prevent infiltration of precipitation;
3) Rooting zone soils,
4) Top soils;
5) Passive gas vents connected by lateral lines. By limiting infiltration this cover
system limits the generation of landfill leachate that contributes to groundwater
contamination.
There are no residences impacted by the East Bethel Sanitary Landfill, either by a potential risk
due to drinking groundwater or exposure to landfill gas. However, there is some VOC
contamination in the aquifer downgradient of the fill area. The contamination is limited to within
a few hundred feet of the fill area.
The ground water pump and treat system has been operating since 1994. The treatment system
was redesigned in 1998 to make the operation more cost effective without changing it's
effectiveness.
-------
The Long-term monitoring of the ground water system is ongoing quarterly at the Landfill.
Long-term groundwater monitoring has demonstrated that the chemicals of concern have
declining to below appropriate ARARs. Long-term trends show significant and adequate
improvements in ground water quality.
The source control provided is a low permeability cover over the Landfill which has achieved its
design criteria by significantly reducing both the production of leachate and the toxicity of the
compounds released from the Landfill. Since the cover was constructed, there has been
significant reduction in the contaminant concentrations in the ground water monitoring wells.
A network of gas monitoring probes will be installed around the Landfill during 1999 which are
designed to detect migration of landfill gas, specifically methane, away from the fill area. There
are no buildings or other receptors within 1/4 mile of the fill area. Also, the MPCA will be
conducting studies designed to examine the feasibility of converting the passive gas system to an
active gas system over the next two years.
The landfill cover is mowed annually. The cover is inspected for erosion or other damage and
repairs are made when and where necessary to maintain the integrity of the cover system,
including maintaining proper slopes for positive drainage off the fill area.
The next five year review will be completed by February 11, 2004.
-------
-------
East Bethel A Water Levels (1)
903 00
2/18/82
*
—¦— MW-5A
—A—MW-4A
~ MW-5A
—MW 1bA
—MW-18A
* - MW-104 A
A-MW-105A
- » MW-10bA
X MW 11 1A
+ MW-114A
—MW-115A
—*— MW-1 ItiA
11/14/84
8/11/87
5/7/90
1/31/93
10/28/95
7/24/98
4/19/01
1/14/04
-------
East Bethel A VOCs (1)
1000 0
900 0
800 0
700 0
600 0
o
re
k.
C 500 0
03
O
c
o
° 400 0
300 0
200 0
100 0
0 0
5/25/7S 2/18/82 11/14/84 8/11/87
5/7/90 1/31/93
Date
10/28/95
—Jk—
MW-4A
~
MW-5A
MW-15A
--A—
MW-105A
•
MW-106A
MW 11 1A
+
MW-114A
MW-115A
MW 1 18A
4/19/01 1/14/04
-------
East Bethel Ethyl Ether
3000
2500
2000
©
o
c
o
o
1500
1000
500
0
5/25/79
8/2/81
10/11/83 12/19/85
2/27/88
—H— fvtW- 3A
j —A— MW4A
j * MW-104A
I + MW-114A
| —MW-115A
! —It" MW-3B
i --A- MW-4B
j O MW-5B
; —MW 1C5B
j * MW-1I1B
I —MW-115B
l ¦ • MW-3C
I
j —MW-105C
| MW-120C
| 9 MW-123C
!
A
4/19/01 6/28/03
-------
East Bethel A Water Levels (2)
9ui
TlilSi
0/10186
I 1/19/87
i/2 mio
4/6/02
Date
b/ i h/94
«/.> i/'.lH
11/1/08
i/y/oi
MW-iA
-A—MW-2A
O MW-8A
MW- ISA
*— MW- 103A
MVV 10'/A
*— MW-lOfcA
0 MW-109A
-A- MW 112A
»- MW 1 ISA
*»— MW I 19A
* MW 1 zOA
3/20/03
-------
East Bethel A VOCs (2)
*
1
*
*
m m
3/25/83
6/2/85
8/11/87
¦¦¦ ¦•*—xx ** m
10/19/89 12/28/91 3/7/94
3K3KS! 3K9C
5/15/96 7/24/98
1A
-4—MW-2A
Hi - MW-8A
MW-103A
MW-107A
MW-119A
X MW-120A
10/1/00
Date
-------
East Bethel A Water Levels (3)
I
2/27/88
1/27/90
12/28/91
11/27/93 10/28/95
Date
9/27/97
8/28/99
-•—MW-9A
-m— MW-11A
-~—MW-13A
• -MW-116A
7/28/01
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East Bethel A VOCs (3)
m 11/27/93
¦ 12/28/91
1/27/90
Ji.
__®_MW-9A
_.©_MW-13A
. v MW UbA
a/2W9y
7/2S/01
-------
East Bethel B Water Levels
& 13 00
912 00
311 00
910 00
c 909 00
o
CO
>
UJ 908 00
907 00
906 00
905 00
Hi—MW-3B
MW-4B
~ MW-5B
MW-105B
MW-106B
MW-110B
* MW-111B
-m— MW-1 15B
MW-120B
MW-122B
-A—MW-125B
904 00
4/28/84
3/29/86 2/27/88 1/27/90 12/28/91 11/27/93 10/28/95 9/27/97 8/28/99 7/28/01
Date
-------
East Bethel B VOCs
8/11/87
."lit* »«
10/19/69
12/28/91
3/7/94 5/15/96
Date
7/24/98
10/1/00
-¦—MW-3B
-A—MW-4B
-«-MW-5B
MW-105B
MW-1Q6B
* MW-111B
-M— MW-115B
0 MW-122B
-A—MW-126B
12/10/02
-------
East Bethel C Water Levels
-------
East Bethel C VOCs
2500 0
2000 0
c
o
*-«
re
-*—>
c
o
-------
911 UO
910 00
909 00
908 00
907 00
906 00
905 00
904 00
903 00
East Bethel Bedrock Water Levels
9/11/83 1/28/86 6/16/88 11/3/90 3/22/93 8/9/95
Date
12/26/97
5/14/00
-------
East Bethel Bedrock VOCs
25 0
Date
-------
East Bethel VOCs Medium
3000 D
2500 0
11/10/81 4/28/84
10/15/86
4/2/89 9/19/91
Date
3/7/94 8/23/96
2/9/99 7/28/01 1/14/04
—»-MW*3A
~ * MW 18A
A- MW-112A
--•--MW-113A
—MW-105C
MW-1208
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East Bethel VOCs High
MW-19A
* MW-1Q4A
MW-108A
• MW-109A
MW-11QB
11/10/81 4/28/84 10/15/86
4/2/89 9/19/91
Date
J7/94 8/23/96 2/9/99 7/28/01 1/14/04
-------
16 000
14 000
12 000
10 000
c
0
*4-(
TO
k.
C 8 000
01
o
c
o
O
6 000
4 000
2 000
0
4/24/81 10/11/83 3/29/86
VOCs High
8/19/93
2/5/96
7/24/98
1/9/01
6/28/03
-~-MW-19A
- * "MW-104A
—*— MW-108A
• MW-109A
9 MW-110B
ate
-------
East Bethel Piezometer Water Levels
910 60
9)0 00
909 50
909 00
908 50
Ira 908 00
907 50
907 00
906 50
906 00
905 50
Hi— PZ-2
-A— PZ-4
-m—pzs
P2 &
W-2
9/Z3/S4 4/11/95 10/28/95 5/15/96 12/1/96 6/19/97 1/5/98
Date
7/24/98 2/9/99 8/28/99 3/15/00 10/1/00
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East Bethel Pumpout Wells WL
~m— pv\m
PW-2B
¦ PW-3B
PW-4B
-•— PW-5B
• #-PW-lC
X PW-2C
'•J 00
8/19/93
6/15/94 4/11/95 2/5/96 12/1/96 9/27/9/
Date
7/24/98
5/20/99
3/15/00
1/9/01
-------
East Bethel Treatment System VOCs
8000 0
—PW-1
—A— PW-2B
D PW-3B
PW-4B
—PW-5B
- PW-1C
* PW-2C
® Effluent
-A- - Influent
3/15/00
11/5/01
-------
East Bethel Pumpout Wells VOCs
8/19/&3
4/1 1/95
2/5/96
12/1/96 9/27/97
Date
7/24/98
5/20/99
3/15/00
1/9/01
—•— PW-1
—A— PW-2B
~ PW-3B
—~— PW-4B
—•—PW-5B
PW-1C
* PW-2C
-------
East Bethel Treatment System VOCs
8000 0
»t-00 0
0'iuO 0
X
o -j W
19/91 1/31/93
"N*-
-•%
V
• •
6/15/34
10/28/95 3/11/97
Date
-A J
-f
7/24/98
\
« Effluent
& -- Influent
12/6/99
4/19/01
-------
East Bethel Pumpout Confirmation Water Levels
MW-3A
-A—MW-4A
O MW-5A
-~-MW-15A
MW-18A
-*-MW 104A
105A
MW-108A
MW 109A
* MW-111A
® MW-112A
MW-113A
MW-120A
7/26/94
5/21/95
3/16/96
1(10/97
1116/97
Date
y/2/98
4/24/00
2/18/01
-------
East Bethel Background Water Levels
9
U1
m i oo
910 00
909 00
908.00
907.00
906.00
905.00
904.00
4/24/81
10/11/83 3/29/86 ' 9/14/86
3/3/91 8/19/93
Date
9 MW-106A
MW-116A
-A— MW-1 ISA
J
2/6/96 7/24/98 1/9/01 6/28/03
-------
East Bethel 12 Nest
-------
Ned's Lake Water Levels
909 00
908 80
ill
5 SOS 60
903 40
> 908 20
o>
908 00
907 80
5/11/95
8/9/95
11/7/95
2/5/96
5/5/96
8/3/96
11/1/&6
1/3
Date
-------
Attachment 4: MPCA's Closed Landfill Program
2005Annual Report for East Bethel Sanitary Landfill
-------
Minnesota Pollution
Control Agency's
Closed
Landfill
Program
East Bethel
Sanitary
Landfill
SW-047
-------
Compiled By
Report Dates
MPCA Staff
The Closed Landfill Program
Petroleum & Landfill Remediation Section
Majors & Remediation Division
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, Minnesota 55155-4194
Forums completed: January 5,20046
Report completed: March 31, 2006
Project Leader: Jean Hanson, 651-296-7390
Hydrogeologist: Joe Julik, 651-296-8454
engineer: Peter Tiffany, 651-296-7274
Regional Representative: Pat Hanson, 651-296-7740
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Table of Contents
I. Site Background
II. Site Engineering Summary
A. Landfill Cover Maintenance I Construction Summary
B. Leachate Management System Summary
1. Leachate Management System Maintenance Summary
2. Leachate Monitoring Summary
C. Landfill Gas Management System Summary
1. Landfill Gas Management System Maintenance Summary
2. Landfill Gas Monitoring Summary
D. Additional Maintenance Summary
E. Site Engineering Recommendations
III. Site Environmental Monitoring Summary
A. Groundwater Monitoring / Remediation System Summary
1. Groundwater Monitoring System Maintenance Summary
2. Groundwater Monitoring Summary
3. Groundwater Remediation System Maintenance Summary
4. Groundwater Remediation Summary
5. Monitoring System Modifications
B. Surface Water Monitoring Summary
C. Site Monitoring Recommendations
IV. Costs
V. Inspections
VI. Required Permits
VII. Summary of Site Recommendations
VIII. Land Recovered for Beneficial Use/Assistance to Local Units of Government
IX. Land Use Planning Issues
X. Conclusions and Recommendations
XI. Certifications
A. Hydrogeologic Certification
B. Engineering Certification
C. Annual Report Certification
D. Field Inspector Certification
Figures
Figure 1: Site Map with Monitoring Well and Gas Probe Locations
Figure 2: Groundwater Elevation: Aquifer A Wells
Figure 3: Groundwater Contours: Aquifer A Weils
Figure 4: Groundwater Elevation: Aquifer B Wells
Figure 5: Groundwater Contours: Aquifer B Wells
Figure 6: Groundwater Elevation: Aquifer C Wells
Figure 7: Groundwater Contours: Aquifer C Wells
Figure 8: Total VOCs Trends: A Aquifer Wells
Figure9: Total VOCs Contours: A Aquifer Wells
Figure 10: Total VOCs Trends: B Aquifer Wells
Figure 11: ToW VOCs Contours: B Aquifer Wells
Figure 12: Total VOCs Trends: C Aquifer Wells
Figure 13: Total VOCs Contours: C Aquifer Wells
Figure 14: Total VOCs Trends: PumpoutWells
Figure 15: Select VOC Trends: MW-120B
Figure 16: Select VOC Trends: MW-120C
Figure 17: Select VOC Trends: MW-122C
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Tables
Table 1: Landfill Gas Summary
Table 2: Summary of Groundwater Exceedances
Appendix A: Site Inspection Reports
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I. Site Background
The East Bethel Sanitary Landfill (Landfill), located in Anoka County, East Bethel Township (T33N,
R23W, Sect 8), received its first permit to accept waste on November 18,1971. The Landfill
reportedly accepted predominantly demolition debris. Limited amounts of industrial waste and
municipal solid waste were accepted between 1969 and 1976 in a 7-acre area in the southwest
comer of the site. The demolition landfill was closed in December 1995. The East Bethel Sanitary
Landfill is 34.7 acres in size and contains approximately 1,241,900 yards of waste. The Landfill
was under private ownership when in operation. When the Binding Agreement was signed on
October 11,1995, 60 acres were transferred to the MPCA with additional restrictions and
easements on some of the adjoining property. The Notice of Compliance was issued on October
31,1995. The land titles for this property were recorded for the MPCA in 1999.
In accordance with the legislation enacted in 1992 (Minn. Laws 1992, Ch. 513, Art. 2, Sec. 2,
Subd.3), the Minnesota Pollution Control Agency (MPCA) assessed and classified closed landfills in
Minnesota. According to that assessment and classification, the East Bethel Sanitary Landfill has
been rescored with a ranking of B and a score of 40. While this classification may be revised as
needed, the rank of B generally indicates that this landfill requires remedial action to control gas
migration, ground water contamination, and/or correct a severely inadequate or nonexistent landfill
cover. There are a number of issues at this facility that contribute to the current B classification
including cover issues, landfill gas issues and unregulated waste disposal on property adjacent to
the fill. These problems and the proposed remedial measures to be taken in 2006 are discussed in
detail below.
Additional information regarding the Closed Landfill Assessment can be found in the Closed Landfill
Assessment Report (January 1995).
II. Site Engineering Summary
A. Landfill Cover Maintenance I Construction Summary
The MPCA hired a contractor to conduct a property boundary survey and investigated the
volume of gas being generated by the landfill. A waste investigation of the adjacent Kurak
property was completed in 2001. These investigations led to a decision by the MPCA to
relocate the waste from the adjacent Kurak property and incorporate this waste into the landfill
Subsequently a new state of the art landfill cover will be installed on the landfill. Additionally
the construction of an active gas extraction system and modification of the ground water pump
and treat system will be completed. The design work for the waste relocation, cover upgrade
and groundwater treatment system was completed in 2005. The project was bid and awarded
in the Ml of 2005.
The construction will commence in the spring of 2006 and is scheduled for substantial
completion by the fall of 2006. Details of the final cover design, the active gas extraction
system and the modification to the groundwater treatment system are available in the MPCA
files.
The East Bethel Landfill is mowed annually.
B. Leachate Management System Summary
1. Leachate Management System Maintenance Summary
The East Bethel Landfill does not have a Leachate Management System for leachate
collection. The Landfill is unlined. No leachate seeps around the Landfill have been observed
since closure. The active gas extraction system that is being installed in the summer of 2006
wi bave teachate cofecBon tanks. This leachate will be hauled off site to a waste water
treatment plant for treatment and disposal.
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2. Leachate Monitoring Summary
There are no leachate monitoring points at the East Bethel Landfill.
C. Landfill Gas Management System Summary
1. Landfill Gas Management System Maintenance Summary
The East Bethel Landfill has a passive gas system at this time. The ongoing design includes
the installation of a site wide active gas extraction system. This design incorporates an
enclosed flare that will burn all of the extracted methane along with other non methane
organic compounds.
2. Landfill Gas Monitoring Summary
There are currently eight gas monitoring probes along the south, west and north sides of the
fill area. The gas probes at the East Bethel Landfill were monitored during this reporting
period, with half the gas probes reporting detected exceedances of the lower explosive limit
(LEL). Table 1 summarizes the gas probe monitoring results in 2005. Gas probes GP-2, GP-
3, GP-5 and GP-7have LEL exceedances. These gas probes are located near the waste
along the west, northwest corner and northern limits of waste so that elevated measurements
can be expected. Gas migration is not significant at the other gas probes. No significant
detection of explosive gas was documented beyond the site property, except as noted above
for the Kurak property.
Table 1
2005 Landfill Gas Monitoring Summary
DATECOLLECTED GP-1 GP-2 GP-3 GP-4 GP-5 GP-6 GP-7 GP-8
04/07/2005 0.0000 21.0000 33.5000 0.0000 30.5000 0.0000 0.0000 47.1000
07/20/2005 0.0000 41.6000 44.4000 0.0000 40.7000 0.0000 0.0000 26.5000
12/15/2005 0.1000 26.8000 50.6000 0.1000 51.8000 0.1000 0.1000 42.6000
D. Additional Maintenance Summary
Signage was placed at this site in 2003 as part of signage of the entire Sand Hill Crane Natural
Area. Although there were some cover maintenance needs noted in the 2005 site inspections,
it was decided that all issues would be addressed in the 2006 reconstruction discussed above.
E. Site Engineering Recommendations
Biannual (twice per year) mowing of the Landfill will be conducted after vegetation is
established on the final cover.
III. Site Environmental Monitoring Summary
A. Groundwater Monitoring I Rer.iediation System Maintenance Summary
1. Groundwater Monitoring System Maintenance Summary
No groundwater monitoring system maintenance was conducted in 2005. The Groundwater
Monitoring System currently includes 22 monitoring wells that are sampled quarterly. There are
forty other monitoring wells around the site that are maintained. Some of these wells will be
maintained for water level measurements and/or periodic sampling as needed. Also, some wells
will need to be abandoned for construction of the new landfill cover. Some of these abandoned
wells will be replaced when the construction activities are complete.
-------
These monitoring wells are completed in the water table, at intermediate depths in the drift aquifer
and deep in the drift aquifer. The monitoring well naming convention includes a trailing letter that
designates which depth the well monitors groundwater. The letter "A" designates a water table
monitoring well, "B" designates an intermediate depth monitoring well, and "C" designates a deep
monitoring well. A map showing the locations of the monitoring wells is shown in Figure 1. The
hydrographs of water levels over time and the contoured water table elevations for the various well
groups are shown in figures 2 through 7. The groundwater monitoring system is in good operating
condition. There are several maintenance issues that need to be address including the
abandonment of some of the monitoring wells and piezometers.
2. Groundwater Monitoring Summary
Three water quality sampling events occurred in both 2005. During each of the sampling
events, Interpoll Laboratories collected samples from the groundwater monitoring wells for
analyses by the Minnesota Department of Health Laboratories. The contours on Figures 3,
5, & 7 represent the summer of 2005 measurements of groundwater elevation. As depicted
in Figure 3, groundwater flow beneath the East Bethel Landfill is generally toward the south
towards Neds Lake.
Water elevation trends are apparent in the data for monitoring wells for the three data sets.
All indicate a significant increasing trend from the late 1980s to the mid-1990s, followed by a
steep decreasing trend until early 2001. Trends since 2001 show a rebound of groundwater
elevation data back to average values, f Recent hydrographs for the three sets of data are
presented at the end of this document in Figures 2, 4 and 6.
The results of the laboratory analyses of the groundwater samples collected during 2005
indicate moderate impacts to the groundwater from the East Bethel Landfill. Long-term
downward trends in total volatile organic compounds (VOCs) are evident in data collected
from the water table monitoring wells. See Figures 8,10, & 12.
Figures 8,10, & 12, at the end of this document, display the data for these monitoring wells in
a graphical format. Data for the monitoring wells completed in the intermediate and deeper
portions of the aquifer do not all follow such a dramatic decline as shown in the graphs
displayed at the enc' of this document in Figures 10 and 12. Figures 9,11, & 13 show
approximate contours of Total VOCs in the water table, intermediate and deep drift aquifers,
respectively. Monitoring Well MW-110B continues to behave counter to the general trends
having erratic high and low readings that appear seasonally dependent and may be related to
the seasonality of the pump and treat system. The new ground water pump and treat
system, to be installed in 2066, will be designed to operate year round and may have a
positive effect on these trends. These trends will continue to be monitored. Monitoring data
trends from Monitoring Wells 120B and 120C (figures 15 & 16 respectively), show similar
downward trends over time of individual contaminants within one well. Finally, the trend of
tetrachtoroethene in MW-122C is of concern. It is certainly an aberration to the genera)
understanding of the ground water flow and contaminant distribution under and adjacent to
the site. This trend along with possible other sources of this contaminant will continue to be
evaluated. The exceedances of the health risk limit (HRL) or a health based value (HBV) are
sutnmaiized in Table 2.
-------
T,tb e 2
Summary of GunMKhvalei E*c©eJ>i«i<.tsEi
Well
DATE
03
PARAMETER
RESULT UNITS
11 ufl.
10
HBV
Mr.
&JuMS
. 1+0m>
' a
Bsntww
V i»|4
11 ujd
10
11
5
it;
¦n
2>},U CI*
i'c-J-.i >n
;• iimiiMs
W.-AO--
95
Ml!'*#
flllFtl IS* Wurl
73S
Wt
20
ffi
niilLai
N
iili. m
M
aflL
MMi
li
18
10
if 11II
*, ii
¦j
SMtiMB
1M3w
a
21
19
ugfl.
t»«#l
10
Ifl
i;i"
" 11'
" n
tfr-Atr*
MM*
30
UfA
18
¦o
VI *
lift
V,n>1 cnlnrdj
Vttiyl i^tlortcfe
4,«
f.,4
ugfl.
il|Jt
02
0.2
"jr.
ft?
"" 05
% ¦
7J
ifli
0.2
¦R ""s
mm
tfhlyiMS
ArsPH...
14
iiffl
IS
'0
1
DATE
OAQifclF 7 } .
» ftJMfaftJWfel 1 fcj 1
RESULT
UNITS
URL
HBV
MOL
iiMir
pr-
05
Vinyl chkttia
2.3
*
0?
t
0.2
IS
' M*
&
¦ ¦ ¦ >W>.
&$%*»> rff -ft-*™
W!p 'EfWfMfi
Sill
13
65
ugn.
«®fi
0 2
10
6
n ?
11
W'
m
CMaraMtani
1980
¦ft
1 tftjiiie
llftlM® 1#
««
lift.
10
S
,-
I «kMK»
CMofWtani
M0
lifl.
w
68
¦t ' •fafito.
/eh. r.*\ n
12*
'0;i
10!
»•*
«
UttmiMK
47
10
•J?
ts
¦MBM
300
ugflL
J80
:'R?
HH
t»®
!33
¦HH
llliiiMMt'
v#tij||§
*
«gl
•o
U
¦HH
11©
mi.
00
m
¦BH
¦ *$Mi|ffeliMA
aot
mi.
'00
103
iiWifc,-
¦¦¦¦¦¦
ii
u&L
?
5
?
B^^hhilOl
MM
ii
11,1.
?
?
18
mi
1
t.
r
-------
Well
Name
DATE
PARAMETER
RESULT
UNITS
HRL
HBV
MCL
LIMIT
06-Apr-
MW-105C
05
Tetrahydrofuran
320
ug/L
100
100
MW105C
20-Jul-05
Tetrahydrofuran
200
ug/L
100
100
14-Dec-
MW-105C
05
Tetrahydrofuran
270
ug/L
100
100
14-Dec-
MW-111C
05
Tetrachloroethene
9.8
ug/L
7
5
7
06-Apr-
MW-120C
05
Chloroethane
470
ug/L
280
280
MW-120C
20-Jul-05
Arsenic
58
ug/L
10
10
MW-120C
20-Jul-05
Chloroethane
290
ug/L
280
280
13-Dec-
MW-120C
05
Chloroethane
390
ug/L
280
280
05-Apr-
MW-122C
05
Tetrachloroethene
74
ug/L
7
5
7
MW-122C
18-Jul-05
Tetrachloroethene
92
ug/L
7
5
7
13-Dec-
MW-122C
05
Tetrachloroethene
93
ug/L
7
5
7
MW-3C
19-Jul-05
Arsenic
36
ug/L
10
10
3. Groundwater Remediation System Maintenance Summary
The groundwater remediation system is operating at the East Bethel Landfill. The system is
comprised of a pump and treat system. The system was modified in 2003. The pumpout
wells are now controlled by amp controllers rather than by pressure transducers. As part of
the overall site construction the ground water remediation system will again be modified.
Starting in 2006, after reconstruction, the treatment system will be operated year round
instead of seasonally. Major modification components include replacing and/or rehabilitation
of existing pumpout wells, construction of a new treatment basin and, construction of a new
infiltration basin. These basins will be constructed in the northwest comer of the landfill after
the waste on the adjacent Kurak property is removed and placed in the landfill.
4. Groundwater Remediation Summary
Approximately 4.21 million gallons of contaminated groundwater was withdrawn form the
aquifer in 20Q5. The system is to be modified to run year round and will be modified as part
of the cover upgrade and installation of an active gas extraction system. Construction is
anticipated to commence in spring of 2006. .
5. Monitoring System Modifications
No changes were made to the monitoring system in 2005. A number of monitoring wells will
need to be abandoned as part of the reconstruction of the landfill cover. New wells will be
constructed as necessary after the landfill construction is complete.
-------
B. Surface Water Monitoring Summary
There are no surface water monitoring points currently being sampled at the East Bethel
Landfill. Past sampling at Ned's Lake showed no impacts from the landfill.
C. Site Monitoring Recommendations
Continue sampling the groundwater and landfill gas monitoring system in 2005 to document the
improving groundwater conditions at this site. The pump and treat system discharge to the
detention basin should be lowered to promote increase aeration and iron precipitation.
IV. Costs:
Costs associated with Major Construction projects, O&M activities and, Sampling and Analyses at
all sites in the Closed Landfill Program are reported annually in a report to the Legislature and can
be found on the MPCA web site.
V. Inspections
A number of inspections have been completed at the East Bethel Landfill site. Significant
settlement and slope failure has been documented on the cover and will be addressed in the new
cover design. Site Inspection Reports are attached ir Appendix A.
VI. Required Permits
Minnesota Department of Health monitoring well permits are maintained for monitoring wells at this
site. Also, a ground water appropriation report is submitted to the Minnesota Dept. of Natural
Resources as a requirement of the ground water appropriation permit.
VII. Summary of Site Recommendations
Complete all construction activities schedule at this site for 2006. Continue sampling the
groundwater monitoring system in 2006 to document the improving groundwater trends. Continue
to inspect the Landfill to document potential engineering concerns. Biannual mowing of the
Landfill is also recommended after construction is complete.
VIII. Land Recovered for Beneficial Use/Assistance to Local Units of Government
The landfill and adjacent areas are part of the Sand Hill Crane Natural Area.
IX. Land Use Planning Issues
There are no land use planning issues associated with the East Bethel Sanitary Landfill at this time.
X. Conclusions and Recommendations
The remedtei work to date at the East Betht/ Landfill has significantly reduced groundwater impacts
from Ws closed landfl. Additional construction activities should lead to continued improvement
andtong term reduction of environmental impacts from the Landfill. The MPCA will continue to
operate the groundwater remedial system to improve the groundwater within the aquifer.
-------
XI. Certifications
A. Hydrogeologic Certification
I certify, that the hydrogeologic portions of this document and all attachments, were prepared
under my direction or supervision under a system designed to assure that qualified personnel
gathered and evaluated the information submitted. Based upon my inquiry of the person or
persons who managed the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. Furthermore, I certify that I am knowledgeable in the field of
hydrogeology.
Name: Joe Julik Title: Hydrogeologist
Date: March 31, 2006
Mailing Address: 520 Lafayette Road, St. Paul, MN 55155
Phone: 651-296-8454
Signature:
B. Engineering Certification
I certify, that the engineering portions of this document and all attachments, were prepared
under my direction or supervision under a system designed to assure that qualified personnel
gathered and evaluated the information submitted. Based upon my inquiry of the person or
persons who managed the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete.
Name: Peter Tiffany
Title: Engineer
Date: March 31, 2006
Mailing Address: 520 Lafayette Road, St. Paul, MN 55155
Phone: 651-296-7274
Signature:
C. Annual Report Certification
I certify, that this document and all attachments, were prepared under my direction or
supervision under a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based upon my inquiry of the person or persons who
managed the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
Name: Jean Hanson Title: Project Leader
Date: March 31,2006
Mailing Address: 520 Lafayette Road, SL Paul, MN 55155-4194
Phone: 651-296-7390
Signature:
D. Field Inspection Certification
I certify, that this document and all attachments, were prepared under my direction or
supervision under a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based upon my inquiry of the person or persons who
managed the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete
Name: Pat Hanson | Title: Field Inspector
Date: March 31, 2006
MaMiia Address: 520 Lafavette Road, St Paul. MN 55155-4194
Phone: 651-296-7740
Skinature:
-------
Figure 1
East Bethel Landfill-MPCA Closed Landfill Program
Monitoring Well I Gas Piobe Locallons 2005
-------
EtotBalttftl Landfill
„ .- -
-~-MW-1WA
MW
iim- ita:
* «W-m,v
— MW4A
MW4A
mmmm n#o«£ooi 0504/2102 12/1 two* oiianiis mmmms 08.-01,2004 39.05.7005 t;iii4®i«
-------
Eae: Bethel Landfill-A C losed Laicff it Progi am
A Hortftn A$tt»f SW Contours 3umm«r 200S
« ¦
MPCAPmjttlfty
WfliKjf t
jwFt* Dmctwn •
/
1*1
MM
-------
Figure 4
East Bettief Landfill
GW Elevation - Aquifer B Wells
50S 1
04/19/2001 11X15/2001 05/24/2002 12/10/2002 06/26/2003 01/14/2004 08/01/2004 02/17/2095 09/05J2005 O3j24/2}06
—»~MW-10SB
I— MW-110B
—WW-115B
MW-120R
—MW-122B
—MVA125B
—t— MW-3B
— MW-40
MW-5B
=5
£
>
2
m
-------
F gyre 5
East Bethel Lsnclfi-MPCA Closed Landfill Program
B HwfeMi A
-------
Figure S
S1#
East Beth#! lafliill
OW Elevations - C Aquifer Weils
!
&
m
mt
' />
V J?
,*
- MMM11C
-~-MW.12K
MWM22C
w-MW.«3C
• MIAMC
-MW4C
C4/*!W2Q01 -1/092O0- OS'24'2902 1»1Q/20W 06'28'230J Ql«14.'2004 OS.'OI/IOM 0£i'17.'208S O9'0S.'20G5 Q3W20Q&
-------
" Hw ?-ii em Cfiitits Sumntv 2005
-------
EAST BETHEL DEMOLITION/SANITARY LANDFILL- Toll! VOCs
| lint#"- Jt, j)«i»U*B UIaIU
wHiiwii jpyEjijiifwf wtr ®"iis
Parameter List: 8260
7
liar* t
mw-ma
tss ¦ :
MW-I11A
~ \1W* U2A
fr-IMMltt
— MIAM3A
•—MW-IBA
uhalaa
JWI W V r» »
T 1
W1WW96
mmmmm
iwmtmm
tmtrnwt
mmam
mtwmwmi
-------
Figure 9
East Bethel Landfill-tvPCA Closed Uindfill FToor Jim
a Hij?izi'n Afj'ifc-1 T.?tAtVCf! >ug>!i C -srUcut 500T.
-------
EAST BETHEL DEM0LITJ0N/SANJT4RY LANDFILL: Total VOCs
tSfulilUll 4*>i«»L O If MI»
Paramotor List; 026#
tt&iWISiM
#?Sil«90
mmtmsm
SiBitiifii Ev«nlk
iWtmmt
mwmm
-------
Figure 11
East Bethel t a ndf i II-M PC A Close-J LanJt'lI Rogicirr
P Hotlzoti AquSfii Total \>n>j4 Sunm»r *00 *
I'
MPfAPiopMy I
; W»|l» f
4,\"> f i.
I \\f
I i vo
V." \ V'
y
4fc
-------
BETHf I. DEMO UTJ QN.' SANITARY LAUD FILL: Total VDCs
atMfon urn; c mpitu# mm
PwMMter Ltat: itifl
1SN
!,»
I
05'ISHHfi iffSJWi
Vtr, 1 t*%l
-+-mi.'.asc
- ¦ tm-nm
uw-aac
• -WV-VV
MW-3C
itiiiisiii
»»?«««
Mmwnr
-------
Figure 11
East Bethel Landfill-MP'.'A »1 os-cs' Laivitill Ptoqiarr.
i!" Ht>ifeun Ameft-i TUai VOC Ci-iiUi ir. ""itnijinw 20Cif>
-------
FtgtiK* 14
: FAST BFTHEt. DEMOUTOWSANITARY I.ANQFM I : Total VOC«
Station List: Pump & Treat Wails
Param#f®r list; 8200
i:o
I / ~~-~~
i
0 l - — .*C.~ 1~ - ~~~ " " • tr, n Jf * - *4"^ * —/*w- i
&I.1SJ1W4 10l28.ifl5 iSi'ltiilSl 0T'24(1W, 04:13/200T OS,'01/2002 0114 2904 05.«23'2ilS
Sampling fc vents
-•-PW-tC
PW-21
r ft «<
-------
Figure 16
East Bethel Landfill Street VOC Trends - MW-120B
L
/
-1,
-1 .Z-Otehbrmllist*,. eis
1.2-Dtehbroalwrw, trans
»Elli.fl sthar
TrfcMorarthene
Vlitfl chloride
Xyi»R K t-JWi J I-.,! K-fie! II
2©
-------
East Bethel Landfill Select VOC Trends - MW-120C
TOD
I
"V.
200 ; VV ~ f\ *
~ J ~ ^
\
*
0 — — - - -
05M5MW6 CW24.'1M8 la>01/}0l]0 12/10/302 92/17/200$
~ ' 1 t> c,S.or-J^lh,Hi'r.
i *-0
1 J ?•- i oi.ri.v-n
I 7 5f, - • nin.-f-'; >j
*"• l(2«BicWorBflti®i*
* - ; ' , .V>!N'>f . ...
•- ! i-Did Icr.>>lrv "'if
— A;'f •
Bwmnt
B-jty.bi.'ruiet ,r
; i.mlorrWi'l.io vn;
if>!liS;>"
Mt>'"i n'uti'i; • r 'lis !¦
r -iutinvJitjIi.',(
Tolawne
V::'y! "'liifn'a
V/S'M«: • i
KLLlUt WMMm, 'kiir ...IH- •!!•>!' tfHM»
2?
-------
East Bathe« Lumiffi Select VOC Trends - RJIW-122C
80,0
en
at
60.0
I iJ-Pioi nr,ii',l,M'»
Ti;Mlhbfw! TT"
20.0
0.0 -
O3f07/ift4 mrnnm mmmm nitiaoia mmmm iaiwi«»s »««§§!
Ki.ti«ABM«43!| I.. •« :fep«#iS-E3 liee'ltltW
-------
APPENDIX A
Date: March 7, 2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RE: February 2004 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of February 1, through February 28, 2005. If there are any questions please call me at
(763) 856-5415.
Work Activities Summary
• A monthly inspection of the facility was conducted on 2-24-05.
• The flow from PW-5 dropped to about 4 gpm at the treatment building. The remainder of the
flow was discharging at the well head. We decided to turn the well off until repairs can be
made in the spring.
• The flow rates from wells PW-2B and PW-3B has dropped to 1-2 gpm. We believe that the
pumps or pipes lines may be plugging. Cleaning of both will likely be needed.
• Cleaned flow meters as needed to maintain them in running condition.
• Met with MPCA and URS staff to review comments and concerns for the construction plans.
• Responded to one auto dialer callout for the treatment system lift station. The problem was a
high liquid level in the sump. Adjustments were made to the flow rate for a couple of wells.
Operation of Ihe lift station returned to normal.
• Performed weekly monitoring of the treatment system.
• Flowed snow and shovel snow from the gates and building on one occasion.
KlL)\K:*03M043\Eiet Bethtl 2003 Reporf\R-EB.doc\10000 29
-------
• Monthly report preparation and submittal for January 2005.
Willow Brook Engineering
Facility Inspection Report
East Bethel Landfill
Personnel: SKK
Date: February 23, 2005
Time: 7:00 AM
Weather: 7 F, Clear, Wind Calm
Description of Significant Items Observed.
1. Adjusted well flow rates up to match what the lift station capabilities are and to minimize
well pump cycling.
2. Responded to one auto dialer callout during the month due to a high level alarm in the lift
station wet well. Adjusted a couple of wells down to match the discharge of the lift station
pump. Operation of the lift station is normal. Auto dialer reset.
3. Water is coming to the surface of the ground adjacent to the well head for PW-5. We believe
that there is a leak at the transition fitting on the discharge force main. The flow rate to the
treatment plant has dropped to about 4 gpm with about 10-15 gpm discharging at the well
head. The decision was made to turn the well off until it can be dug up and repaired in the
spring.
4. Snow plowing of the site entrance and perimeter road was completed on one occasion.
5. Shoveling of snow from gates and the treatment building was completed.
6. Cleaned flow meters as needed to maintain them in operating condition.
7. Limited amounts of vehicle activity are present outside the perimeter fence.
8. There is about 3-4 inches of snow covering the landfill.
9. Chain link fencing is in good condition; the south fencing is in moderate to poor condition.
10. Gas vents appear to be in good condition.
11. The infiltration basin appears to have about 2 feet of standing water in it. No problems were
observed. The water level is 6-12 inches lower then last month; this is partially due to
turning off PW-5.
12. Reviewed the operation of the water treatment plant. Operation is normal.
13. Conducted weekly monitoring of well water levels, flow meter readings, hour meters and
other system parameters.
14. Reviewed the flow meters, all are working normally.
15. Reviewed the control panels for the extraction wells, no problems observed.
16. Reviewed the lift station pumps and controj system, no problems observed other then a
leaking check valve on the one of the pumps.
17. Reviewed the auto dialer, no problems observed.
18. Reviewed the building heaters all three are operating normally.
KLLl\K:\03M043\East Bethel 2003 ReporfvR-EB.docUOOOO 3Q
-------
19. No evidence of trespassing, inside the landfill perimeter fence.
20. No evidence of vandalism.
Date: January 9, 2006
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RE: December 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of December 1, through December 31, 2005. If there are any questions please call me at
(763) 753-6038.
Work Activities Summary
• A monthly inspection of the facility was conducted on 12-26-05.
• Cleaned flow meters as needed to maintain them in running condition.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of the treatment system.
• Plowed snow from the site entrance and perimeter road on two occasions.
• Shoveled snow from gates and the treatment building.
• No trespassing or vandalism within the perimeter fence was observed.
Date: April 6,2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
Fran: Steve Kollodge, P.E.
Willow Brook Engineering
RE: March 2004 Operation and Maintenance Activities Summary
KLLl\K;VMM043\E«a BeJhel 2003 Report\R-EB.doc\10000
31
-------
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of March 1, through March 31, 2005. If there are any questions please call me at (763)
856-5415.
Work Activities Summary
• A monthly inspection of the facility was conducted on 3-30-05.
• The flow rates from wells PW-2B and PW-3B have dropped to the point where the flow
meters will not turn. We pulled the pump for PW-2B and found it to be completely sealed in
an iron sludge material. We removed the pump and soaked it in acid to clean it. Following
cleaning the pump was reinstalled and the started. The flow rate measured Vi gpm on the
flow meter which was also taken apart and cleaned with acid. We believe that the well pump
on 2B and likely 3B are worn out and should be replaced. Redevelopment of these wells and
possibly others should be considered.
• PW-5B is currently off, the force main needs to be dug up at the well head to determine why
water is coming up to the ground surface. Plan to dig in April as soon as the frost is out of
the ground.
• Cleaned flow meters as needed to maintain them in running condition.
• Responded to no auto dialer callouts for the treatment system lift station.
• Performed weekly monitoring of the treatment system.
• No trespassing or vandalism was observed.
• Monthly report preparation and submittal for February 2005.
Date: May 9,2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RE: April 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Klil\K:M)3M043\East Bethel 2003 Report\R-EB.doc\10000
32
-------
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of April 1, through April 30, 2005. If there are any questions please call me at (763) 856-
5415.
Work Activities Summary
• A monthly inspection of the facility was conducted on 4-27-05.
• PW-5B is currently off, the force main needs to be dug up at the well head to determine why
water is coming up to the ground surface. We started digging up the piping but encountered
groundwater and were forced to stop prior to reaching the discharge pipe. A much greater
level of effort will be needed to excavate, dewater and perform the repair. Plan to ask
Bergerson-Caswell for a repair quote.
• Designed, received quotes, purchased and installed warning signs for buried electric and
pipelines just outside the west perimeter fence. The signs mark the general area where
extraction well utilities are located.
• Cleaned flow meters as needed to maintain them in running condition.
• Responded to no auto dialer callouts for the treatment system lift station.
• Performed weekly monitoring of the treatment system.
• No trespassing or vandalism was observed.
• Reviewed the site with Conexus Energy personnel to see if the power meter can be converted
to a remote read system. Conexus personnel believed the meter could be converted to a
remote read style.
• Monthly report preparation and submittal for March 2005.
Date: June 5,2005
To; Ms. Jean Hanson
Minnesota Pollution Control Agency
From*. Steve Kollodge, P.E.
WiDowBrook Engineering
RE: May 2005 Operation and Maintenance Activities Summary
KLU\K:^3M043\EasJ Bethel 2003 Report\R-EBJoc\10000
33
-------
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of May 1, through May 31, 2005- If there are any questions please call me at (763) 753-
6038.
Work Activities Summary
• A monthly inspection of the facility was conducted on 5-29-05.
• PW-5B is currently off, the force main needs to be dug up at the well head to repair a
problem with the pipe line. We have requested a repair quote from Bergerson-Caswell, dated
5/11/05 and have talked with them on the phone several times regarding the quote, but we are
still waiting for their response.
• Cleaned flow meters as needed to maintain them in running condition.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of the treatment system.
• Mowed the site entrance, road shoulders, around the treatment building and sedimentation
pond berm top on two c.^sions.
• Met with a land appraiser, URS personnel* and Sunde Engineering personnel and provided
access to the landfill site.
• No trespassing or vandalism was observed.
• Monthly report preparation and submittal for April 2005.
Date: July 3, 2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RJE: Jue 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of June I, through June 30,2005. If there are any questions please call me at (763) 753-
6038.
K1X1 \JC:\03M043\East Bethel 2003 Report\R-EB.doc\10000
34
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Work Activities Summary
• A monthly inspection of the facility was conducted on 6-28-05.
• PW-5B is currently on, the force main was dug up at the well head and the pipe line repaired.
• Wells 2B, 3B and 4B were redeveloped and new pumps installed. Operation of these wells is
normal. The flow from wells 2B and 3B have significantly improved.
• Cleaned flow meters as needed to maintain them in running condition.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of the treatment system.
• Mowed the site entrance, road shoulders, around the treatment building and sedimentation
pond berm top on two occasions.
• Two large trees have fallen on the south perimeter fence.
• Working on flow meter and piping problems with well 4B and 5B.
• No trespassing or vandalism was observed.
• Data entry and monthly report submittal for May and June 2005 was completed so costs
could be included in the correct budget period.
Date: August 3, 2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RE; July 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of July I, through July 30, 2005. If there are any questions please call me at (763) 753-
6038.
Work Activities Summary
• A monthly inspection of tile facility was conducted on 7-27-05.
KXXI \K:\03M043\East Bethel 2003 Report\R-EB.doc\10000
35
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• Cleaned flow meters as needed to maintain them in running condition.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of the treatment system.
• Mowed the site entrance, road shoulders, around the treatment building and sedimentation
pond berm top on two occasions.
• Cut up and disposed of junk piping located near the treatment building.
• Cleaned the electrical room inside the treatment building.
• No trespassing or vandalism was observed.
• Data entry and monthly report submittal for July 2005 was completed so costs could be
included in the correct budget period.
Date: September 1, 2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RE: August 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of August 1, through August 31, 2005. If there are any questions please call me at (763)
753-6038.
Work Activities Summary
• A monthly inspection of the facility was conducted on 8-29-05.
• Cleaned flow meters as needed to maintain them in running condition.
• Pulled the two lift station pumps and pressure washed the impellors to improve pump
performance.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of the treatment system.
KLLl\K:«3M043\£ast Bethel 2003 Report\R-EB.doc\10000
36
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• Mowed the site entrance, road shoulders, around the treatment building and sedimentation
pond berm top.
• Mowed the landfill cover and weed whipped around on-site features.
• No trespassing or vandalism was observed.
• Provided access to the site for Conexus Energy so they could change out the electrical meter.
• Reviewed construction plans for the upcoming gas and water project and attended a meeting
at MPCA offices to discuss the plans.
• Corresponded with URS regarding details and changes to the gas and water construction
project.
• Data entry and monthly report submittal for August 2005 was completed so costs could be
included in the correct budget period.
Date: October 5, 2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RE: September 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of September 1, through September 30, 2005. If there are any questions please call me at
(763) 753-6038.
Work Activities Summary
• A monthly inspection of the facility was conducted on 9-29-05.
• Cteined flow meters as needed to maintain them in running condition.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of die treatment system.
• Installed a hose and fitting on the PW-4B piping inside the treatment building to maintain
flow from this well.
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37
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• Someone drove a car through the entrance gate for the site breaking the latching and locking
mechanism. They then drove in circles, inside the fence near the gate and left the site. No
other damage was observed other then to the gate. A chain was purchased to secure the gate.
• Veit and Ames Construction were both on-site performing test borings for the upcoming
construction project.
• Jetted the 4" discharge force main from the treatment building to the sedimentation pond.
Date: November 3, 2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Eng; "Bering
k
RE: October 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of October 1, through October 31, 2005. If there are any questions please call me at
(763)753-6038.
Work Activities Summary
• A monthly inspection of the facility was conducted on 10-27-05.
• Cleaned flow meters as needed to maintain them in running condition.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of the treatment system.
• Repaired a small piece of PVC piping for PW-4B inside the treatment building. The pipe
developed § small crack.
• Turned off the exhaust fen and started the building heaters.
• PW-2B no longer develops enough pressure to push the water to the discharge header pipe
located near the ceiling of the building. We re-routed the flow to the lift station sump using a
small hose.
• Repaired the barbed wire at the entrance gate, someone had slid it off the support pipe.
KLLl\K:\03M043\East Bethel 2003 ReporftR-EB.docUOOOO
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Date: December 9, 2005
To: Ms. Jean Hanson
Minnesota Pollution Control Agency
From: Steve Kollodge, P.E.
Willow Brook Engineering
RE: November 2005 Operation and Maintenance Activities Summary
East Bethel Landfill
Following is a summary of work activities conducted at the East Bethel Landfill during the time
period of November 1, through November 30, 2005. If there are any questions please call me at
(763)753-6038.
Work Activities Summary
• A monthly inspection of the facility was conducted on 11-23-05.
• Cleaned flow meters as needed to maintain them in running condition.
• There were no auto dialer callouts for the treatment system.
• Performed weekly monitoring of the treatment system.
• Plowed snow from the site entrance and perimeter road on one occasion.
• No trespassing or vandalism within the perimeter fence was observed.
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Attachment 5: Landfill Cleanup Agreement
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LANDFILL CLEANUP AGREEMENT
BETWEEN
PARTIES ASSOCIATED WITH
THE EAST BETHEL LANDFILL
AND
THE COMMISSIONER OF THE
MINNESOTA POLLUTION CONTROL AGENCY
PURSUANT TO MINN. STAT. §§ 115B. 39 to 115B. 44
PREAMBLE
1. The Commissioner of the Minnesota Pollution Control Agency (Commissioner)
has the power and duty to administer and enforce the provisions of the Landfill Cleanup Act,
Minn. Stat. §§ 115B. 39 to 115B. 44 (the "Act"), including the authority to enter into binding
agreements necessary to achieve compliance with the requirements of Minn. Stat. § 115B. 40,
subds. 4 and 5.
2. The East Bethel Landfill ("Landfill") is a qualified facility under the Act because
it was permitted by the Minnesota Pollution Control Agency ("MPCA") as a mixed municipal
solid waste disposal facility under MPCA Permit SW47, stopped accepting solid waste other
than demolition debris prior to April 9, 1994, and stopped accepting demolition waste by April
30, 1995.
3. The East Bethel Landfill is subject to a Consent Order between Sylvester Brothers
Development Corporation ("SBDC") and the MPCA. For a qualified facility subject to a Consent
Order to receive a Notice of Compliance under the Act, the persons identified in the Consent
Order must complete remedy construction as required under the Consent Order and receive
acknowledgment from the MPCA or the Commissioner that such remedy construction
obligations have been met, and the owner or operator of the facility must comply with Minn.
Stat. § 115B. 40. subd. 4(a)(3) to (5) of the Act.
4. In February, 1995, SBDC entered an Asset Purchase Agreement with Clearwater
Land, Inc. providing for transfer of certain assets including ownership of the real property where
the Landfill is located, and certain adjoining parcels of real property, to Clearwater Land, Inc.
The Asset Purchase Agreement also provided for the assumption of all legal obligations of the
Landfill owner and operator by Clearwater Land, Inc. Vernon Sylvester, the sole shareholder of
SBDC and operator of the Landfill under a management contract with Clearwater land, Inc., died
in March. 1995. The Estate of Vernon Sylvester, SBDC, and Clearwater Land, Inc. (collectively
the "Sylvester Family Entities" or "SFE") are considered the owners and operators of the
Landfill for purposes of the Act and this Agreement.
5. In 1993, the East Bethel Phase IIPRP Group ("Group") entered into an agreement
with a number of individuals and entities collectively known as Sylvester Brothers (Phase I
Settlement Agreement) to settle certain litigation against members of the Group in SBDC v.
Burlington Northern Railroad, et al. (U.S.D. Ct. Minn., Civ. Action No. 4-88-692). Under the
East Bethel Landfill Agreement
1
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Phase I Settlement Agreement, the Group agreed to pay to Vernon Sylvester and SBDC certain
environmental response costs and MPCA administrative and legal costs already incurred by
Sylvester pursuant to the MPCA Consent Order, to pay Vernon Sylvester and SBDC a fixed
amount for construction of a cover remedy for the Landfill, and to pay for and implement the
ground water remedy for the Landfill as required by the MPCA Consent Order. Under the Phase
I Settlement Agreement, responsibility for complying with the MPCA Consent Order remains
with SBDC.
6. SFE and the Group desire to enter into an agreement with the Commissioner in
order to provide for the terms and conditions by which disposal of solid waste at the Landfill will
be permanently terminated and real property where the Landfill is located will be conveyed to
the Commissioner; SFE and the Group will obtain a notice of compliance under the Act; and
SFE and the Group may apply under the Act for reimbursement of environmental response costs
which they have incurred at the East Bethel Landfill.
NOW THEREFORE, it is hereby agreed as follows:
A. Parties to the Agreement.
The parties to this Agreement are:
1. Sylvester Brothers Development Corporation ("SBDC"), Clearwater Land,
Inc., and the Estate of Vernon Sylvester (collectively referred to as "Sylvester Family Entities"
or "SFE"). All communications directed to SFE under this Agreement shall be sent to:
Timothy J. Sylvester and Thomas R. Hughes
1701 N. E. 217th Ave. 1230 Landmark Tower
Cedar, Minnesota 55011 St. Paul, Minnesota 55102.
2. The East Bethel Phase IIPRP Group and the members of the Group as
listed in Attachment A to this Agreement (collectively referred to as the "Group"). All
communications directed to the Group under this Agreement shall be sent to:
Kama A. Berg
Briggs and Morgan
2200 First Bank Building
St. Paul, Minnesota 55101.
3. The Commissioner of the MPCA. All communications directed to the
Commissioner shall be sent to:
Thomas Newman
MPCA 520 Lafayette Road
St. Paul, Minnesota 55155.
East Bethel Landfill Agreement
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B. Purpose of the Agreement.
This Agreement sets forth the terms and conditions by which: (1) the Commissioner will
issue a notice of compliance for the East Bethel Landfill under the Act; (2) the Landfill Transfer
Area will be conveyed to the Commissioner; and (3) the Group and SFE may apply under the
Act for reimbursement of environmental response costs incurred by them at the East Bethel
Landfill.
C. Definitions.
1. Unless otherwise explicitly stated, the definitions provided in Minn. Stat.
§ 115B. 39, subd. 2 shall control the meaning of terms used in this Agreement.
2. "Response Action Easement Area" means the parcel of real property
legally described as follows:
(a) The south 565 feet of the East Half of the Southeast Quarter of the Northeast
Quarter (E V2 SE 1/4 NE 1/4) of Section Eight (8), Township Thirty three (33),
Range Twenty three (23), Anoka County, Minnesota, lying west of the east 120
feet thereof.
(b) The north 150.00 feet of the south 565.00 feet of the west 50.00 feet of the east
120 feet of the East Half of the Southeast Quarter of the Northeast Quarter of
Section 8, Township 33 Range 23, Anoka County (Parcel Dl).
The Response Action Easement Area is depicted in Attachment B to this Agreement.
3. "Landfill" means the East Bethel Landfill consisting of 60 acres of real
property as described generally in Paragraph D. I. of this Agreement, and as legally described in
Attachment C and depicted in Attachment D to this Agreement.
4. "Landfill Transfer Area" means the parcels of real property to be
conveyed to the Commissioner consisting of approximately 60 acres legally described as
follows:
(a) The Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4) of Section
Nine (9), Township Thirty-three (33), Range Twenty-three (23), Anoka County,
Minnesota. (Parcel A)
(b) The northern 200 feet of the Northwest Quarter of the Southwest Quarter (NW
1/4 SW 1/4) of Section Nine (9), Township Thirty-three (33), Range
Twenty-three (23), Anoka County, Minnesota. (Parcel B)
(c) The southern 100 feet of the Northwest Quarter of the Northwest Quarter (NW
1/4 NW 1/4) of Section Nine (9), Township Thirty-three (33), Range
Twenty-three (23), Anoka County, Minnesota, lying east of the west 50 feet
thereof, and the south 100 feet of the west 140 feet of the Northeast Quarter of the
Northwest Quarter of said Section 9. (Parcel C)
East Bethel Landfill Agreement
3
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(d) That part of the east 120 feet of the East Half of the Southeast Quarter of the
Northeast Quarter (E V2 SE 1/4 NE 1/4) of Section Eight (8), Township
Thirty-three (33), Range Twenty-three (23), Anoka County, Minnesota, lying
south of the north 50 feet thereof, except the north 150.00 feet of the south 565.00
feet of the west 50.00 feet of said east 120.00 feet. (Parcel D)
(e) The west 140 feet of the North Half of the Southeast Quarter of the Northwest
Quarter (N V2 SE 1/4 NW 1/4) of Section Nine (9), Township Thirty-three (33),
Range Twenty-three (23), Anoka County, Minnesota. (Parcel E)
(f) The west 140 feet of the South Half of the Southeast Quarter of the Northwest
Quarter (S V2 SE 1/4 NW 1/4) of Section Nine (9), Township Thirty-three (33),
Range Twenty-three (23), Anoka County, Minnesota. (Parcel F)
(g) The north 350 feet of the east 120 feet of the Northeast Quarter of the Southeast
Quarter (NE 1/4 SE 1/4) of Section Eight (8), Township Thirty-three (33), Range
Twenty-three (23), Anoka County, Minnesota, (Parcel G)
The parcels constituting the Landfill Transfer Area are depicted in Attachment E to this
Agreement.
5. "Access and Use Restriction Area" means the parcels of real property
legally described as follows:
(a) The West Half of the Southeast Quarter of the Northwest Quarter (W V2 SE 1/4
NW 1/4) of Section Nine (9), Township Thirty-three (33), Range Twenty-three
(23), Anoka County, Minnesota, lying east of the west 140 feet of the Southeast
Quarter of the Northwest Quarter of Section 9, Township 33, Range 23, Anoka
County, Minnesota. (East Area)
(b) The south 323.08 feet of the Northwest Quarter of the Northwest Quarter (NW
1/4 NW 1/4) of Section Nine (9), Township Thirty-three (33), Range
Twenty-three (23), Anoka County, Minnesota and the south 323.08 feet of the
West Half of the Northeast Quarter of the Northwest Quarter (W V2 NE 1/4 NW
1/4) of Section 9, Township 33, Range 23, Anoka County, Minnesota, lying north
of the southern 100 feet of the Northwest Quarter of the Northwest Quarter of
Section 9, Township 33 Range 23, Anoka County, Minnesota, lying east of the
west 50 feet thereof, and the south 100 feet of the west 140 feet of the Northeast
Quarter of the Northwest Quarter of said Section 9. (North Area).
(c) The West Half of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4)
of Section Eight (8), Township Thirty-three (33), Range Twenty-three (23).
Anoka County, Minnesota, lying south of the north 50 feet thereof; and the East
Half of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section
Eight (8), Township Thirty-three (33), Range Twenty-three (23), Anoka County,
Minnesota, lying west of the east 120 feet of said East Half of the Southeast
Quarter of the Northeast Quarter (E V2 SE 1/4 NE 1/4) of Section 8, Township
East Bethel Landfill Agreement
4
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33, Range 23, Anoka County, Minnesota, lying south of the north 50 feet thereof,
and lying north of the south 565 feet thereof, (collectively the West Area)
The parcels constituting the Access and Use Restriction Area are depicted in Attachment B to
this Agreement.
6. "Knode Property" means the real property owned by Robert F. Knode and
Frances V. Knode, husband and wife (legal title) and Timothy J. Sylvester (equitable title),
located immediately Southwest of the Landfill and legally described as follows:
The Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section Eight (8),
Township Thirty-three (33), Range Twenty-three (23), West of the Fourth Principal
Meridian, Anoka County, Minnesota, except for the north 350 feet of the east 120 feet of
said Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section Eight (8),
Township Thirty-three (33), Range Twenty-three (23), Anoka County, Minnesota.
D. Factual Background.
1. The East Bethel Landfill ("Landfill") is a mixed municipal solid waste and
demolition waste disposal facility that is located in the City of East Bethel, Anoka County,
Minnesota, approximately a half mile east of Minnesota Highway 65 along 217th Avenue. The
Landfill is depicted in Attachment D. A legal description of the Landfill is provided in
Attachment C. The Landfill ceased general acceptance of mixed municipal solid waste in 1974,
and thereafter until April 9, 1994, accepted only demolition debris, certain industrial wastes, and
mixed municipal solid waste from residents of the City of East Bethel. From April 9, 1994 until
April 30, 1995, the Landfill accepted for disposal only demolition waste in accordance with the
limitations set forth in Minn. Stat. § 115B. 39, subd. (2)(j)(3), as acknowledged by the MPCA in
a letter from Thomas Newman. Project Manager, dated October 7, 1994.
2. Clearwater Land. Inc. is the owner of the Landfill and owns the real
property where the Landfill is located as well as other real property adjacent to the Landfill.
SBDC is the permittee of the Landfill. SBDC and Vemon Sylvester, who is deceased, operated
the Landfill. The Estate of Vemon Sylvester is responsible for Vemon Sylvester's debts and other
obligations arising out of his status as an operator of the Landfill including a management
agreement for the Landfill between Vernon Sylvester and Clearwater Land, Inc.
3. The Commissioner has determined that there has been and continues to be
a release of hazardous substances from the Landfill into ground water.
4. Pursuant to the Minnesota Environmental Response and Liability Act
(MERLA), Minn. Stat. §§ 115B. 01 to 115B. 24, the MPCA listed the Landfill on its Permanent
List of Priorities in 1985, and entered a Consent Order with SBDC for response actions at the
Landfill in 1987 ("MPCA Consent Order").
E. Recording of the Agreement.
Within 30 days after the effective date of this Agreement, Clearwater Land, Inc.
East Bethel Landfill Agreement
5
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shall record this Agreement with the county recorder or registrar of titles of Anoka County on
those parcels of real property included in the Landfill Transfer Area and shall provide the
Commissioner with proof of such recording.
F. Enforceability.
1. This Agreement shall be governed by and construed under the laws of the
State of Minnesota. The venue of any action under this Agreement shall be in Ramsey County
District Court.
2. This agreement is enforceable by the Parties.
3. The Commissioner retains the right to take any action, legal, equitable or
administrative, that may be available to implement or enforce the terms of this Agreement, or to
take any other action under the Commissioner's authority in the event of any non-compliance
with this Agreement.
G. Liability and Governmental Immunities.
1. Until issuance of the Notice of Compliance for the Landfill, the
indemnification provisions of Part XIX of the MPCA Consent Order shall govern with respect to
any claims brought against MPCA or the Commissioner arising out of any acts or omissions of
SBDC. Clearwater Land, Inc., and its employees, agents or contractors, in implementing
construction of remedial actions required under the MPCA Consent Order.
2. Until issuance of the Notice of Compliance for the Landfill, the Group
agrees to indemnify MPCA and the Commissioner for claims against MPCA or the
Commissioner arising out of acts or omissions of the Group, its employees, agents or contractors,
in implementing construction of remedial actions at the Landfill pursuant to paragraph M.2. of
this Agreement.
3. Except as otherwise provided in Subparagraphs 1 and 2 of this Paragraph
G, each party agrees that it shall be responsible for its own acts and omissions and the results
thereof, and those of its officers, employees and agents, and shall not be responsible for the acts
or omissions of any other party, its officers, employees or agents.
4. Any liability of the Commissioner for acts or omissions of the
Commissioner or employees of the Commissioner in carrying out the Commissioner's
obligations under this Agreement, or in carrying out the Commissioner's duties and authorities
under the Act at the Landfill, shall be governed by the provisions of the Minnesota Tort Claims
Act, Minn. Stat. §§ 3.732, et seq., and other applicable law. Nothing contained in this Agreement
shall constitute a waiver by the Commissioner of any governmental immunity afforded by law.
H. Amendments.
This Agreement may be amended only by written agreement among the parties to
this Agreement.
East Bethel Landfill Agreement
6
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I. Successors and Assigns.
This Agreement is binding upon Sylvester Brothers Development Corporation,
Clearwater Land, Inc., the Estate of Vernon Sylvester and the East Bethel Phase II PR? Group
(and its members as listed in Attachment A to this Agreement) and their successors and assigns,
and upon the Commissioner and his successors and assigns.
J. Severability.
If any provision of this Agreement is held to be void, invalid, unenforceable, or
illegal by a court, the validity and enforceability of the other provisions shall not be affected
thereby.
K. Effective Date.
This Agreement is effective upon the date that it is signed by the Attorney
General.
L. Termination of Waste Acceptance and Disposal.
1. SFE shall permanently cease, and hereby warrants that it has permanently
ceased, accepting all solid waste for disposal at the Landfill on and after April 30,1995.
2. Beginning on the effective date of this Agreement, this Paragraph L shall
govern SFE's rights or privileges to dispose of solid waste at the Landfill, and any rights or
privileges that SFE may have had under any MPCA permit or rule to dispose of solid waste at
the Landfill are hereby revoked. All duties and obligations under any MPCA permit or rule
applicable to the Landfill shall remain in full force and effect until issuance of the Notice of
Compliance for the Landfill. SFE and the successors and assigns of SFE waive any and all rights
to an extension or renewal of any permit for disposal of solid waste at the Landfill or to apply for
any new permit for the disposal of waste in the Response Action Easement Area or in the Access
and Use Restriction Area. This Paragraph L does not affect any rights or privileges that SFE may
have or may be granted in the future to recycle, hold for transfer, store or process solid waste or
yard waste on property owned by SFE; provided that, until issuance of the Notice of Compliance
for the Landfill, SFE agrees not to engage in any expanded waste management activities on
property subject to this Agreement owned by SFE.
3. SFE's agreement in this Paragraph L, shall constitute a Stipulation
Agreement with the MFC A under Minn. Stat. ch. 116. In addition to any other remedy available
to the Commissioner in the event of a breach of any obligation under Paragraph L, Paragraph L
is enforceable in the manner provided for a Stipulation Agreement in Minn. Stat. § 115.071.
M. Completion of Remedy Under Consent Order; Payment of MPCA Expenses.
1. Cover Remedial Action. SFE agrees to meet all obligations under the
MPCA Consent Order for construction of the cover remedial action for the Landfill in
accordance with the remedial action design plan prepared by B. A. Leisch Associates, Inc. and
East Bethel Landfill Agreement
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approved by letter of the MPCA dated April 25, 1995. The approved remedial action design plan
is incorporated as an integral and enforceable part of this Agreement without being attached
hereto. Upon completion of construction, SFE shall submit: (a) a certificate of construction
completion for the cover remedial action in which the engineering consultant for SFE certifies
that construction of the cover remedial action has been completed in accordance with the
approved RA Design Plan; and (b) a final report on completion of construction of the cover
remedial action in accordance with the MPCA Consent Order. The Commissioner will not
consider the construction of the cover remedial: action to be incomplete solely because seeding
of the vegetative cover for the landfill occurs at the end of the growing season and SFE is unable
to demonstrate in the final report that the vegetative cover has been properly established in
accordance with the RA Design Plan; provided that, notwithstanding any other provision of this
Agreement SFE, at its own expense as part of its closure obligations for the Landfill, shall take
all actions necessary for the establishment of the vegetative cover during the growing season
following the seeding of the cover, and shall remedy any erosion of the cover that may occur
prior to the establishment of the vegetative cover. The certificate of construction completion for
the cover remedial action shall include assurance, in the form of a contract for work to be
performed or some other mechanism satisfactory to the Commissioner, that SFE will meet its
obligation with respect to establishment of the vegetative cover and remedy of any associated
erosion.
2. Ground Water Remedial Action. The Group has constructed the ground
water remedial action, and has demonstrated that it is operating, in accordance with: (a) Section
2.0 of the Response Action Plan, Groundwater Operable Unit, East Bethel Landfill, East Bethel
Minnesota, prepared by Liesch Engineering Corporation, dated September 19, 1993, and
approved by letters from the MFC A dated March 4 and March 8, 1994; (b) Minnesota
Department of Natural Resources Water Appropriation Permit #90-6217, dated March 27, 1995;
(c) NPDES Permit #00620265, issued by the MPCA on January 7, 1994; and (d) a total ground
water extraction rate of 90 gpm as described in Response Action Plan, Groundwater Withdrawal
Well Installation and Aquifer Testing, prepared by B. A. Liesch, dated June 1994. The
demonstration has been documented in a final ground water remedial action report based upon at
least 60 calendar days of operation. The final report has been submitted to the Commissioner by
the Group and includes certification by the engineering consultant for the Group that
construction of the ground water remedial action has been completed in accordance with the
provisions of this Subparagraph M.2. The final report for the completion of construction of the
ground water remedial action was approved by letter of the MPCA dated September 26, 1995.
The Group agrees to implement the seasonal shut-down and winterization of the operation of the
ground water remedial action equipment by October 26, 1995, or by the date when the
Commissioner issues the Notice of Compliance for the Landfill, whichever occurs earlier.
3. Commissioner Approval of Submittals. Notwithstanding the termination
of the MPCA Consent Order under Paragraph X, the final report for the ground water remedial
action shall be subject to the review and approval of the Commissioner as set forth in the MPCA
Consent Order. The Commissioner agrees to review and approve, modify or reject the final
report for the ground water remedial action submitted under Subparagraph M. 1. within 60 days
after receipt of the report.
East Bethel Landfill Agreement
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4. Commissioner's Acknowledgment. Within fourteen (14) days after
approval by the Commissioner of the certificate of construction completion for the cover
remedial action submitted pursuant to Subparagraph M.I., the Commissioner shall issue a
determination that all obligations for construction of the cover and groundwater remedial actions
have been met and shall transmit a written acknowledgment of this determination to SFE and the
Group.
5. Payment of MPCA Expenses Under Consent Order. Within 30 days after
the effective date of this Agreement, the Group shall pay to the MPCA, by check payable to the
State of Minnesota, Environmental Response, Compensation and Compliance Account, all
unreimbursed MPCA expenses required to be paid under the MPCA Consent Order, which
expenses total $63,384.93.
N. Liens.
In consideration for the grant to the Commissioner of access rights, easements and
use restrictions on real property adjacent to the Landfill Transfer Area pursuant to Paragraphs Q,
R, S, and T , and the agreement pursuant to Paragraph U with respect to disposition of financial
assurance funds and reimbursement of closure and environmental response costs, the
Commissioner agrees to waive all rights and authority under the Act to attach liens to real
property owned by SBDC, Clearwater Land, Inc., or the Estate of Vernon Sylvester.
O. Insurance.
1. Copies of Insurance Policies. By July 1, 1995, SFE shall provide the
Commissioner with copies of all comprehensive general liability insurance policies and other
liability policies held by Vemon Sylvester or SBDC that provide coverage for property damage
and were in force during the time when the Landfill was in operation or when a release or
discharge of pollution occurred at or from the Landfill. SFE shall provide all such insurance
policies and other evidence of insurance coverage in their possession or which they can
reasonably obtain, including certificates of insurance; canceled checks, invoices, and
correspondence showing payment for or acknowledgment of such coverage or related to such
coverage; and names of others, including insurance agents, who may have information on such
insurance coverage. SFE shall cooperate and work with the Commissioner to identify insurance
policies and coverage.
2. Preservation of Rights. SFE shall take all reasonable actions requested by
the Commissioner to preserve any right to payment or defense under any insurance policies
referenced in Paragraph O, for claims for environmental response costs (but not defense costs)
related to the Landfill. SFE shall send copies of all correspondence with their insurance
companies regarding claims required to be preserved under this paragraph to Thomas Newman,
MPCA, 520 Lafayette Road, St. Paul, MN 55155. SFE shall assign to the State all payments for
environmental response costs related to the Landfill received from an insurer under any
settlement entered into after the effective date of this Agreement. The payment shall be made by
check to the Commissioner and sent to Thomas Newman, 520 Lafayette Road, St. Paul, MN
55155.
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3. Assignment of Rights. When requested by the Commissioner, SFE shall
assign to the Commissioner only those rights, claims, and causes of action that SFE has under
the insurance policies referenced in this Paragraph O, related to environmental response costs
related to the Landfill. SFE shall execute the assignment within 60 days of a request by the
Commissioner, but no earlier than July 1, 1996. The Commissioner shall not request any
assignment before May 1, 1996. SFE shall take all reasonable actions to cooperate with the
Commissioner and the Attorney General's Office in asserting claims and causes of action
assigned to the Commissioner pursuant to this Paragraph O.
4. Insurance Provisions Affecting the Group. Insurance Requests For
Information (RFIs) have been sent by the Commissioner to members of the Group, pursuant to
Minn. Stat. § 115B. 44, subd. 1. SFE and Members of the Group expressly preserve any and all
rights they may have under any policy or policies of insurance of whatever form or kind. The
Commissioner reserves the right to request information under Minn. Stat.§ 115B. 44 regarding
insurance coverage of members of the Group relating to environmental response costs at or
related to any qualified facility as that term is defined in the Act and to take any other action
authorized by the Act with respect to such insurance coverage or rights under such coverage.
Nothing in this Agreement or in the waiver provided by SFE or members of the Group for the
Landfill under Minn. Stat. § 115B. 40, subd. 7(a) is intended to prejudice any rights or interests
of an insurer under any insurance policy held by SFE or a member of the Group.
P. Cooperation with Environmental Response Actions; Access to Records; and
Monitoring Wells Outside of Property Subject to Easements or Transfer to
MPCA.
1. Cooperation. SFE and the Group shall cooperate with the Commissioner
and with employees, agents, and contractors of the MPCA and the Commissioner in taking
environmental response actions at the Landfill that the Commissioner deems necessary to carry
out his duties and authorities under the Act. SFE and the Group shall not take any action that
interferes with such environmental response actions including any actions that disturb or impede
the functioning of the cover, ground water pump and treat system, monitoring system, or the gas
venting system at the Landfill.
2. Access to Records. Clearwater Land, Inc. shall retain and preserve all
records of Vernon Sylvester, SBDC, and Clearwater Land, Inc. relating to the operation of the
Landfill and other businesses related to the Landfill, including but not limited to customer lists,
disposal records and hauling records. The Group and its members shall retain and preserve all
records in their possession relating to transportation to or disposal of waste at the Landfill. The
Group shall retain and preserve all records in its possession relating to transportation to or
disposal of waste at the Landfill by persons who are not members of the Group. Clearwater
Land, Inc., the Group and members of the Group shall retain such records for ten (10) years after
the effective date of this Agreement or until receiving written notice from the Commissioner
releasing them from this requirement, whichever is sooner. Clearwater Land, Inc., the Group and
members of the Group hereby grant to the Commissioner and to employees, agents and
contractors of the MPCA, access to all records required to be retained under this Paragraph P,
regardless of the location of such records, and shall honor all reasonable requests for such access
conditioned only upon presentation of proper identification. If requested by the Commissioner,
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Clearwater Land, Inc. shall transfer to the custody and control of the Commissioner all records
which it has retained and preserved.
3. Monitoring Wells Outside Property Subject to Easement or Transfer to
MPCA. SFE shall allow access by the Commissioner and by employees, agents and contractors
of the Commissioner and of the MPCA for the purpose of sampling all monitoring wells related
to the Landfill located on property owned by SFE which is not subject to an easement or to
transfer to the Commissioner under this Agreement. The Commissioner shall maintain and may
replace the wells to which the Commissioner has access under this subparagraph, shall obtain all
necessary permits for maintenance or replacement, and upon completion of environmental
response actions shall seal the wells in accordance with State law.
Q. Access to Property.
1. Access to Landfill Transfer Area. Clearwater Land, Inc. hereby grants to
the Commissioner, and to employees, agents and contractors of the Commissioner and of the
MPCA, access to that portion of the Landfill Transfer Area owned by Clearwater Land, Inc. for
the purpose of taking any and all actions which the Commissioner deems necessary to carry out
the Commissioner's obligations under this Agreement and his duties and authorities under the
Act at the Landfill, including installation of wells and other remedial action equipment and
structures, and fences or other equipment or structures by which the Commissioner may control
access by unauthorized persons to the Landfill Transfer Area. This grant of access shall continue
and shall run with the property unless and until title to the Landfill Transfer Area is transferred
to the State in accordance with Paragraph AA of this Agreement.
2. Access to Access and Use Restriction Area. Clearwater Land, Inc. hereby
grants to the Commissioner, and to employees, agents and contractors of the Commissioner and
of the MPCA, access to the Access and Use Restriction Area for the purpose of taking any action
which the Commissioner deems necessary to investigate the release of hazardous substances,
pollutants or contaminants or landfill gas, including testing, sampling and monitoring activities.
The Commissioner may install and maintain monitoring wells or other monitoring devices, and
fences or other structures or equipment by which the Commissioner may control access by
unauthorized persons to such wells or monitoring devices, in or on the Access and Use
Restriction Area after consultation with the owner. The Commissioner, in selecting the location
of any such wells, monitoring devices, fences, or other structures or equipment shall attempt to
avoid interference with the owner's use of the property.
3. Permits and Well Closure. The MPCA shall obtain all necessary permits
for installation and maintenance of ground water monitoring wells on property which the
Commissioner installs or to which the Commissioner has access under this paragraph Q, shall
maintain the wells, and upon completion of the environmental response actions including all
monitoring, shall seal the monitoring wells in accordance with State law.
4. Credentials. Clearwater Land, Inc. shall allow access granted under this
Paragraph Q conditioned only upon presentation of proper identification.
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5. Easement Agreements. At the time of signing this Agreement, Clearwater
Land, Inc. shall sign easement agreements in the form provided in Attachment F to this
Agreement granting easements to the State of Minnesota through its Commissioner of the MPCA
for the exercise of the rights provided to the Commissioner under this Paragraph Q in the Access
and Use Restriction Area, and shall provide to the Commissioner a check made out to the county
recorder or registrar of titles of Anoka County to cover the cost of the Commissioner filing the
easements. When the Commissioner determines, in his sole discretion, that the easements are no
longer necessary to carry out his duties or authorities under the Act or under this Agreement, the
Commissioner will file a release of the easements with the recorder or registrar of titles of Anoka
County. The owner may request the Commissioner to release an easement, or to modify its scope
or terms, at any time after issuance of the Notice of Compliance for the Landfill.
6. Property Not Owned by SFE. SFE hereby assigns to the Commissioner all
rights to access to other property adjacent to the Landfill which SFE has obtained for the purpose
of taking, operating or maintaining response actions associated with the Landfill. Such rights
shall include all of SFE's rights with respect to access and use of the following parcels of
property:
a. The Knode Property;
b. That parcel currently owned by Anoka County located
immediately to the south of the Landfill, depicted as Parcel B in Attachment E to this
Agreement, and that parcel currently owned by Robert F. Knode and Frances V. Knode, depicted
as Parcel G in Attachment E to this Agreement, which parcels are to be acquired by Clearwater
Land, Inc. and transferred to the State as part of the Landfill Transfer Area; and
c. Such other portions of the Anoka County property located south of
the Landfill on which monitoring wells related to the Landfill are located on the effective date of
this Agreement.
R. Response Action Easement Area.
1. Scope and Terms of Easement. At the time of signing this Agreement,
Clearwater Land, Inc. shall sign an easement agreement in the form provided in Attachment G to
this Agreement granting to the State of Minnesota through its Commissioner of the MPCA an
easement as provided in this Paragraph R. 1. on the Response Action Easement Area, and shall
provide to the Commissioner a check made out to the county recorder or registrar of titles of
Anoka County to cover the cost of the Commissioner filing the easement The easement shall
allow the Commissioner access to the Response Action Easement Area for the purpose of
investigating the release of hazardous substances, pollutants or contaminants or landfill gas, or
taking any and all environmental response actions to remediate ground water contamination
deemed necessary by the Commissioner to carry out his obligations under this Agreement and
his duties and authorities under the Act related to the Landfill. Such actions may include
maintenance of existing wells and other response action equipment and structures, installation of
additional wells, pipes and equipment related to remediation of contaminated ground water, and
installation of fences or other equipment or structures by which the Commissioner may control
access to such wells, pipes and equipment. The Commissioner shall obtain all necessary permits
for installation and maintenance of wells, shall maintain the wells, and, upon completion of the
environmental response actions including all required monitoring, shall seal the wells in
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accordance with State law. The easement shall also allow the Commissioner, on the South 80
feet of the Response Action Easement Area, to construct, repair, use and maintain a road for
access to the Landfill Transfer Area and to stage environmental response actions to be taken
related to the Landfill. The Commissioner shall consult with the owner before: (a) installing
ground water wells, devices, pipes or equipment, or taking other actions that would physically
disturb the property; or (b) installing fences or structures to control access to such wells, devices,
pipes or equipment. The Commissioner agrees not to exercise the rights with respect to
construction, maintenance and repair of an access road in the Response Action Easement Area if
the owner provides a road for the Commissioner to use to gain access to the Landfill Transfer
Area and maintains and repairs such road in a manner so that it is adequate for the use of the
Commissioner.
2. Release of Easement. When the MPCA Commissioner determines that the
Easement granted pursuant to this Paragraph R is no longer necessary to carry out his duties or
authorities under the Act or under this Agreement, the Commissioner will file a release of the
Easement with the recorder or the registrar of titles of Anoka County.
S. Use Restrictions.
1. Access and Use Restriction Area, and Response Action Easement Area.
At the time of signing of this Agreement, Clearwater Land, Inc. agrees to sign Declarations of
Restrictions and Covenants in the form provided in Attachment H to this Agreement which
impose use restrictions on the Access and Use Restriction Area and the Response Action
Easement Area as provided in Subparagraphs S.2 to 4. When the Commissioner determines, in
his sole discretion, that a use restriction required under this Paragraph S is no longer necessary to
carry out his duties or authorities under the Act or under this Agreement, the Commissioner will
release the restriction by filing a release of the restrictions and covenants with the county
recorder or registrar of titles in Anoka County. The owner may request the Commissioner to
release a use restriction, or to modify its scope or terms, at any time after issuance of the Notice
of Compliance for the Landfill.
2. Installation of Drinking Water Wells. Ground water monitoring wells on
or adjacent to the Landfill indicate that the ground water is currently contaminated with
hazardous substances in concentrations above the Minnesota Department of Health's (MDH)
Health Risk Limits (HRLs). No drinking water well shall be installed in or on the Access and
Use Restriction Area or the Response Action Easement Area without the written approval of the
MFC A Commissioner and the Minnesota Department of Health.
3. Other Restrictions. No excavation, dewatering, or other construction
activity requiring any disturbance of soil, surface water or ground water in or on the Access and
Use Restriction Area or the Response Action Easement Area, including installation of any well
for purposes other than human consumption, may be commenced without first notifying and
obtaining the approval of the Commissioner. The Commissioner shall approve or disapprove of
any such proposed action based on the Commissioner's determination of whether the action
would interfere with any environmental response actions related to the Landfill.
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4. Restrictions Not to Exclude Proposed Recycling Facility. The restrictions
in Subparagraph S.3. shall not prevent the construction or operation of a proposed recycling
drop-off facility, to be located partially within the Access and Restriction Area and partially
within the Response Action Easement Area, provided that construction of the facility does not
require the lowering of the current grade of the property in the Access and Use Restriction Area
or Response Action Easement Area and that construction of the recycling facility is limited to
the area depicted as the recycling facility in Exhibit 1 to the Declaration of Restrictions and
Covenants as provided in Attachment H to this Agreement. Nothing in this Agreement
constitutes an approval by the Commissioner or by the MPCA for construction of the proposed
recycling drop-off facility. Any construction or operation of the proposed recycling drop-off
facility is subject to compliance with all applicable state and local laws, rules and ordinances.
5. Landfill Transfer Area. The restrictions on use of property applicable to
the Access and Use Restriction Area and the Response Action Easement Area as provided in
Subparagraphs 2 and 3 above shall also apply to the Landfill Transfer Area and shall run with
that property unless and until the Landfill Transfer Area is transferred to the State in accordance
with Paragraph AA of this Agreement.
T. Knode Property; Easement and Use Restrictions.
1. Acquisition of Easement and Use Restrictions. Within 60 days after the
effective date of this Agreement, Clearwater Land, Inc. agrees to cause the legal and equitable
owners of the Knode Property to grant to the State of Minnesota, through its Commissioner of
the MPCA, an easement and use restrictions on the Knode Property as provided in this Paragraph
T. The form of the easement and use restrictions shall be as provided in Attachment I to this
Agreement.
2. Rights under Easement. The easement shall grant to the Commissioner,
and employees, agents and contractors of the Commissioner and of the MPCA, access to the
Knode Property for the purpose of investigating the release of hazardous substances, pollutants
or contaminants or landfill gas, or taking any and all environmental response actions to
remediate ground water contamination deemed necessary by the Commissioner to carry out his
obligations under this Agreement and his duties and authorities under the Act related to the
Landfill. The easement shall further grant to the Commissioner authority to install and maintain,
wells, pipes and other equipment related to remediation of contaminated ground water,
monitoring wells or other monitoring devices, and fences or other structures or equipment by
which the Commissioner may control access by unauthorized persons to such wells, monitoring
devices, or equipment in or on the Knode Property. The Commissioner shall consult with the
owner before: (a) installing ground water wells, devices, pipes or equipment, or taking other
actions that would physically disturb the property; or (b) installing fences or structures to control
access to such wells, devices, pipes or equipment. The Commissioner, in selecting the location of
any such wells, monitoring devices, fences, or other structures or equipment shall attempt to
avoid interference with the use of the property.
3. Well Permits and Closure. The MPCA shall obtain all necessary permits
for installation and maintenance of ground water monitoring wells on property which the
Commissioner installs or to which the Commissioner has access under this paragraph T, shall
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maintain the wells, and upon completion of the environmental response actions including all
monitoring, shall seal the monitoring wells in accordance with State law.
4. Credentials. The easement shall provide that the owners shall allow access
as provided in this Paragraph T, conditioned only upon presentation of proper identification.
5. Use Restrictions. The use restrictions to be imposed on the Knode
Property shall be the same as those restrictions incorporated in the Declarations of Restrictions
and Covenants executed by Clearwater Land, Inc. pursuant to Subparagraphs S.2. and S.3. of this
Agreement.
6. Time and Manner of Providing Easement and Use Restrictions; Release
by Commissioner. Clearwater Land, Inc. shall present an executed Easement in the form
provided in Attachment I to this Agreement and a Declaration of Covenants and Restrictions in
the form provided in Attachment J to this Agreement to the Commissioner within 60 days after
the effective date of this Agreement together with checks made out to the county recorder or
registrar of titles of Anoka County to cover the cost of the Commissioner filing the Easement
and Declaration. When the Commissioner determines, in his sole discretion, that the easement or
use restrictions are no longer necessary to carry out his duties or authorities under the Act or
under this Agreement, the Commissioner will file a release of the easement or use restrictions
with the recorder or registrar of titles of Anoka County. The owner may request the
Commissioner to release the easement or use restrictions, or to modify the scope or terms of the
easement or use restrictions, at any tune after issuance of the Notice of Compliance.
U. Disposition of Financial Assurance Funds; Effect on Reimbursement.
1. Anoka County Escrow Account. SBDC has established and funded an
escrow account to assure payment of the cost of closure, and post-closure, monitoring and
maintenance activities at the Landfill pursuant to financial assurance requirements established by
Anoka County. SFE's Compliance with the Anoka County financial assurance requirements has
been accepted by the MPCA as sufficient to satisfy the financial assurance requirements for the
Landfill established pursuant to its MPCA permit. SFE agrees that all requests to Anoka County
to release money from the Anoka County escrow account shall be made jointly by Clearwater
Land, Inc. and the Commissioner.
2. Release of Funds for Closure Costs. The Commissioner agrees to make
joint requests with Clearwater Land, Inc. for release of funds from the Anoka County escrow
account for payment to Clearwater Land, Inc. to the extent of all reasonable and necessary costs
which have been incurred by SFE to take closure actions at the Landfill using funds other than
funds paid by the Group to SFE or to SBDC Trust Fund I or II under the Phase I Settlement
Agreement. The Commissioner agrees to make joint requests for release of funds for closure
costs to Clearwater Land, Inc. within 30 days after Clearwater Land, Inc. provides
documentation to the Commissioner that the costs which Clearwater Land, Inc. seeks to use as
the basis for the joint request meet the requirements set forth in this Paragraph.
3. Release of Balance. The Commissioner agrees to jointly request release to
Clearwater Land, Inc. of any balance remaining in the Anoka County escrow account which has
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not been released pursuant to Subparagraph U.2., upon written request by Clearwater Land, Inc.
after the issuance of the Notice of Compliance for the Landfill.
4. Effect on Reimbursement. Any amount released to Clearwater Land, Inc.
from the Anoka County escrow account pursuant to Subparagraph U.3. shall be added to the
$750,000 "deductible" for the purpose of determining whether SFE is eligible for reimbursement
by the Commissioner under Minn. Stat. § 115B. 43.
V. Claims Against the Commissioner Waived.
1. Waiver by SFE. Notwithstanding any other provisions of this Agreement,
SFE hereby waives any and all claims against the MPCA Commissioner or the State of
Minnesota for any taking of property rights, including inverse condemnation, or for any
restriction of use, diminution of value, or loss of use or enjoyment of any property ownedby
SBDE, Clearwater Land, Inc., the Estate of Vemon Sylvester, or Timothy J. Sylvester, arising
out of: (1) any work to be performed by or under the direction of the Commissioner to carry out
his duties or authorities under the Act with respect to the Landfill; (2) the presence of the
Landfill or any releases or threatened releases of hazardous substances or pollutants or
contaminants or landfill gas from the Landfill; and (3) the construction, installation, operation or
maintenance of any structures or equipment associated with performance of environmental
response actions at the Landfill or on the Landfill Transfer Area, the Response Action Easement
Area, the Access and Use Restriction Area, or the Knode Property.
2. Waiver by SFE and the Group. In consideration of the agreements
contained herein, SFE and the Group covenant not to bring any claim for response costs under
CERCLA or under Minn. Stat. §§ 115B. 01 to 115B. 18 (MERLA) against the Commissioner for
any release or threatened release from the Landfill where such claim is based solely on the
theory that the Commissioner is an owner or operator of the Landfill under such laws either by
virtue of the Commissioner carrying out his obligations under this Agreement and his duties and
authorities under the Act, or by virtue of the Commissioner's ownership of the Landfill after
ownership has been transferred pursuant to Paragraph Z of this Agreement. Nothing in this
paragraph shall be construed to prevent SFE or the Group from bringing any other type of claim
for any act or omission of the Commissioner or employees of the Commissioner or of the MFC
A in carrying out the Commissioner's obligations under this Agreement or his duties and
authorities under the Act. This paragraph does not apply to any claim which SFE or the Group
may make for reimbursement of eligible environmental response costs under Minn. Stat. § 115B.
43.
W. Issuance of Notice of Compliance.
Subject to the provisions of Minn. Stat. § 115B. 40, subd. 7(a), the Commissioner
agrees to issue to SFE and the Group a Notice of Compliance for the Landfill pursuant to Minn.
Stat. § 115B. 40, subd. 7, upon issuance of the acknowledgment of completion of remedial
action construction under Subparagraph M. 4. of this Agreement; provided that, if the
Commissioner determines that SFE or the Group are not in compliance with any obligations
under this Agreement, the Commissioner may, in his discretion, delay the issuance of the Notice
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of Compliance until the Commissioner determines that SFE or the Group has complied with their
obligations.
X. Effect of Issuance of Notice of Compliance.
Upon issuance of the Notice of Compliance and thereafter:
(1) the Commissioner shall assume all obligations and undertake all further
environmental response actions at the Landfill in accordance with Minn. Stat. § 115B. 40, subd.
7(b)(1);
(2) the Commissioner shall not seek to recover any costs incurred by the
Commissioner for environmental response actions at the Landfill from SFE, the Group, any
member of the Group, or any other responsible person pursuant to Minn. Stat. §§ 115B. 04 or
115B. 17, subd. 6, 42 U.S.C. § 9607, or any other law, except to the extent of insurance coverage
or for illegal disposal of hazardous substances as provided in Minn. Stat. § 115B. 402;
(3) SBDC and Clearwater Land, Inc. shall have no further obligations under
the MPCA Consent Order, and the MPCA Consent Order shall be terminated; and
(4) SBDC and Clearwater Land, Inc. shall have no further obligations under
MPCA Solid Waste Permit SW47, and MPCA Permit SW47 shall be terminated.
Y. Continuing Obligations of SFE and the Group.
The issuance of the Notice of Compliance for the Landfill does not affect any
obligations of SFE or the Group (or members of the Group) under this Agreement which have
not yet been completed at the time when the Notice of Compliance is issued or which, by the
terms of this Agreement, are intended to be continuing obligations of SFE or the Group,
including but not limited to: Paragraphs L (Termination of Waste Acceptance and Disposal); O
(Insurance); P (Cooperation and Access); U (Disposition of Financial Assurance Funds: Effect
on Reimbursement); V (Claims Against the Commissioner Waived); and Z (Transfer of Title to
Property).
Z. Transfer of Title to Property.
1. Property To Be Transferred. In consideration of and to effect the
purposes of this Agreement, Clearwater Land, Inc. hereby agrees to transfer ownership of the
Landfill Transfer Area to the State of Minnesota, acting through its Commissioner of the MPCA.
Parcel B of the Landfill Transfer Area is currently owned by Anoka County; and Parcel G is
currently owned by Robert F. Knode and Francis V. Knode (legal title) and Timothy J. Sylvester
(equitable title). Clearwater Land, Inc. agrees to acquire Parcels B and G from the current
owners for transfer to the MPCA Commissioner in accordance with this Paragraph Z. Clearwater
Land, Inc. agrees to transfer and grant to the MPCA Commissioner all of its right, title and
interest to all real property in the Landfill Transfer Area in fee simple absolute without
restrictions and without any reservations by the grantor, including ownership and the right to
freely use, recover and sell, or contract for use, recovery and sale, any material disposed of at the
Landfill, including landfill gas.
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2. Abstract. By 90 days after the effective date of this Agreement,
Clearwater Land, Inc. shall provide the Commissioner with a currently updated Abstract of Title
or, if the property is registered, an Owner's Duplicate Certificate of Title and Registered Property
Abstract, covering all property in the Landfill Transfer Area. The cost of providing and updating
the abstract or certificate shall be paid by Clearwater Land, Inc. The Commissioner shall have
sixty (60) business days after receipt of the updated abstract or certificate to examine the title
and notify Clearwater Land, Inc. of any title objections or issues that need resolution. Failure to
deliver an updated abstract or certificate by the time required in this Paragraph Z.2. shall not
void this Agreement or otherwise preclude the Commissioner from demanding an abstract or
certificate.
3. Title Corrections. If the Minnesota Attorney General's Office is of the
opinion that Clearwater Land, Inc. does not have marketable title to the Landfill Transfer Area,
Clearwater Land, Inc. shall have one hundred twenty (120) days after notice thereof to make title
marketable. After all title issues are resolved so that, in the opinion of the Minnesota Attorney
General's Office, Clearwater Land, Inc. has marketable title, and upon issuance by the
Commissioner of a Notice of Compliance for the Landfill, the Commissioner will request
Clearwater Land, Inc. to execute and deliver title to the Landfill Transfer Area.
4. Title. Within 10 days after the Commissioner's request Clearwater Land,
Inc. shall execute and deliver a warranty deed or deeds conveying the Landfill Transfer Area, to
the Commissioner, free and clear of all taxes, liens, encumbrances, restrictions, rights, or
exceptions except those of record which are acceptable to the State.
5. Real Estate Taxes and Special Assessments. All delinquent real estate
taxes, all current real estate taxes, all Green Acres taxes and all levied assessments are the
responsibility of Clearwater Land, Inc. and shall be satisfied of record by Clearwater Land, Inc.
before conveyance of the Landfill Transfer Area to the Commissioner. The full amount of
current real estate taxes due in the year the deed(s) is(are) dated shall be paid by Clearwater
Land, Inc. Under no circumstances shall such current taxes be prorated but instead their payment
shall be the sole responsibility of Clearwater Land, Inc.
6. Condition of the Property. Clearwater Land, Inc. shall not transfer,
encumber, or grant any interest in the Landfill Transfer Area after the effective date of this
Agreement and prior to conveyance to the Commissioner. Before transfer of title, Clearwater
Land, Inc. shall remove from the Landfill Transfer Area, at no expense to the MPCA, all
buildings, structures, equipment, personal property of any kind, and uncovered waste. In
removing such items from the Landfill Transfer Area, Clearwater Land, Inc. shall not interfere
with or disturb any structure, installation or equipment that is part of the closure or remedial
action for the Landfill. Clearwater Land, Inc. shall keep the Landfill Transfer Area in its
condition as of the effective date of this Agreement, except as required under this Subparagraph
AA. 6. or to complete construction of response actions as required under this Agreement.
7. Right of Entry and Inspection. The Commissioner and employees, agents
and contractors of the MPCA shall have the right to enter upon the Landfill Transfer Area at
reasonable times prior to transfer of the property for surveying and for other purposes related to
this Agreement.
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AA. Transfer of Title and Assignment of Claims, Warranties and Licenses
Related to Completed Response Actions
SFE and the Group agree, upon issuance of the notice of compliance for the Landfill, to
transfer to the Commissioner all right, title, and interest in all response action equipment and
structures related to the Landfill, including all monitoring wells wherever located, and to assign
to the Commissioner any and all rights arising out of contracts for the design, construction,
installation or purchase of response actions or response action components related to the Landfill
including rights with respect to deficient or defective design, construction, or installation; rights
under warranties; and licenses to use any equipment or processes.
BB. Reimbursement of Environmental Response Costs and Other Assistance.
1. Eligibility for Reimbursement for Certain Costs. For purposes of applying
the reimbursement provisions of the Act, the Commissioner agrees that:
(a) amounts paid by the Group for environmental response costs for
the Landfill, whether paid directly by the Group for environmental response action taken by the
Group, or paid to SBDC Trust Fund I or II, or to SBDC pursuant to the Phase I Agreement, or to
any other person for environmental response actions taken by SBDC, Clearwater Land, Inc., or
the Estate of Vernon Sylvester shall be considered amounts paid by the Group and not by SFE,
and therefore any reimbursement of such amounts to the Group shall not be subject to Minn.
Stat. § 115B. 43, subd. 3(a)(l)(ii) or 3(b)(1); and
(b) environmental response costs shall be deemed to have been
reasonable and necessary if paid for environmental response actions taken pursuant to the
Consent Order or to a plan or document submitted by or on behalf of SBDC or Clearwater Land,
Inc. under the Consent Order, which plan or document was approved by the Commissioner; and
(c) the Commissioner will accept and process an application for
reimbursement on behalf of the Group, rather than from individual members of the Group, on the
following conditions: (i) counsel for the Group shall make reasonable efforts to obtain waivers of
claims as required under Minn. Stat. § 115B.43, subd. 2(a)(2)(ii) from all members of the Group;
(ii) the amount of any reimbursement paid to the Group shall be reduced by the amount of the
Group's reimbursable environmental response costs that were paid by any members of the Group
who do not execute the waiver; and (iii) the Group shall not pay any portion of any amount
received as reimbursement from the Commissioner to any member of the Group who did not
execute the waiver.
2. Other Requirements for Reimbursement Retained. SFE and the Group
shall document all amounts of environmental response costs for which they may seek
reimbursement as required by the Act, and shall be subject to all other requirements of Minn.
Stat. § 115B.43 with respect to any reimbursement of environmental response costs.
3. Other Assistance. Nothing in this Agreement shall prevent the Group from
applying for or receiving assistance from the Commissioner for mediation services and legal
costs under Minn. Stat. § 115B.414 to the extent and subject to the limitations provided in that
section.
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BY THEIR SIGNATURES BELOW, THE UNDERSIGNED REPRESENT THAT THEY
HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT, THEIR AGENTS,
SUCCESSORS AND ASSIGNS.
IT IS SO AGREED:
EAST BETHEL PHASE IIPRP GROUP
By. C,1
Title: Common Counsel
Date: f)P fkIhaj S.
On this 5~^"~ day of fycJ-oktY , 19^^, before me a notary public within
and for said County and State, personally appeared A, to me
personally known, who, being duly sworn by me on oath, did say that he/she is the person who
signed the foregoing instrument and acknowledged that he/she signed the same as free act and
deed for the uses and purposes therein set forth.
*
My commission expires:
\ HHUUum >
i!&j£ NANCY A. RUIZ
i IflUMftltfttliBi Ilk yuiMkui
iPtiw W^WIC'liKSOtt
: ^Cwntoob(lniJB.«,aoB
East Bethel Landfill Agreement
20
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SYLVESTER BROTHERS DEVELOPMENT CORPORATION
By: ^
Timothy J. Sylvester ^
Title: President
Date: (Q
/ \/ /99-fr
On this day of noAofio-B. , \qq-s~ , before me a notary public
within ana for said County and State, personally appeared Timothy J. Sylvester, to me personally
known, who, being duly sworn by me on oath, did say that he is the person who signed the
foregoing instrument and acknowledged that he signed the same as free act and deed for the uses
andjaiirposes therein set forth.
, Public, -^t-5 tt <.«-/-/ County, MN
My commission expires: }¦
CLEARWATER LAND INC. .
By: ^ c\
Timothy J. Sylvester
Title: President
; JUDY N. ZIEBARTH ::
(Vffl notarypubu<>m,nnesota -
; %£y ISANTI COUNTY :
< My Commission Exp. Jan 31 ?nnn
Date:
If/4/ /
On this day of
-------
ESTATE OF VERNON SYLVESTER
By: ""7^^
Thomas R. Hughes /
Title: Personal Representative
Date: /fl/v/? *T
LI t*T
J_ day of fZ/2^ /9*7 £
On this / day of a before me a notary public
within and for said County and State, personally appeared Thomas R. Hughes, to me personally
known, who, being duly sworn by me on oath, did say that he is the person who signed the
foregoing instrument and acknowledged that he signed the same as free act and deed for the uses
and purposes therein set forth.
IVAMMAMMAAAWAAAMMAMVWMI
,.x KRISTI L. JOHNSON
NOTARY PUBLIC - MINNESOTA
y RAMSEY COUNTY
My Comm. Expires Jan. 31, 2CC0}
b'ywvwvwvwvwwwwvvwvvwv vv ¦
Notary Public, Wl WKlfy
My commission expires:
By:
County, MN
Timothy J. Sylvester
Title: Personal Representative
Date:
On this
, before me a notary public
within and for said County and State, personally appeared Timothy J. Sylvester, to me personally
known, who, being duly sworn by me on oath, did say that he is the person who signed the
foregoing instrument and acknowledged that he signed the same as free act and deed for the uses
Doses therein set forth.
, I^jblic, County, MN
My commission expires: / ~ ~.*OCtCCj
mJU£Y n- ziebarth
NOTARY PUBLIC-MINNESOTA
ISANTI COUNTY
My Commission Exp. Jan. 31, 2000
ii ¦ if ^ irtyfrtin * -
East Bethel Landfill Agreement
22
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MINNESOTA POLLUTION CONTROL
AGENCY
CHARLES,W. .LIAMS, COMMISSIONER
By
Title
Delegee of the Commissioner
Date
On this 11 day of 0 ; / 99 6 , before me a notary public within and for
said County and State, personally appeared Gary A. Pulford, the Delegee of the Commissioner of
the Minnesota Pollution Control Agency, to me personally known, who, being duly sworn by me on
oath, did say that he is the person who signed the foregoing instrument and acknowledged that he
signed said instrument as the free act and deed of the State of Minnesota.
7f<1
Notary Publics A /);7>lM^V> jCounty, MN
My commission expires: 3 i $000
'""HI
^B,eV PATRICIA A. KOSHEN1NA
—iMt NOTARY PUBLIC'MINNESOTA
RAMSEY COUNTy
Expires Jag. 3t, 2000 ;
MMW»
As to form and execution by the
ATTORNEY GENERAL
By OjLs- Q-
Date
(Name of Attorney)
Assistant Attorney General
/ O -//-*? ^
Landfill Cleanup Agreement between Parties Associated With the East Bethel-Landfill and the
Commissioner of the MPCA.
AG:7207 vl
East Bethel Landfill Agreement
23
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ATTACHMENT A
EAST BETHEL PHASE II PRP GROUP
Abbott Northwestern Hospital
Acme Metal Spinning. Inc.
Alliant Techsystems. Inc.
American Linen Supply Co.
APA Dissolution Corporation
Blue Cross/Blue Shield of Minnesota. Inc.
Bureau of Engraving. Inc.
Burlington Northern Railroad Co.
Chicago & North Western Transportation (
Dalton Gear Dealers Manufacturing Co.
Eastman Kodak Company
Electric Machinery Company
Excel Metal Finishing Company
Fairview Hospital and Healthcare Services
Federal Cartridge Company
Flint Ink Corporation
Flintkote Company
FMC Corporation
Ford McNutt Glass Company
G&K Services. Inc.
GAP Corporation
General Mills. Inc.
Georgia-Pacific Corporation
The Glidden Company
Globe Building Materials. Inc.
H. B. Fuller Company
Hansord Pontiac
Hawkins Chemical. Inc.
Kurt Manufacturing Company. Inc.
Leroy Signs. Inc.
Lewis Bolt &. Nut Company
Menard. Inc.
Metal-Matic. Inc.
Minnesota Bearing
Minnesota Department of Administration
Division Surplus Properties
Navistar International Transportation Corp.
Pako Corporation
Paper, Calmenson & Co.
Park Printing. Inc.
The Pillsbury Company
Portec. Inc.
Pride Machine. Inc.
Quebecor Printing St. Paul Inc.
Scott-Atwater Foundry Co.
Soo Line Railroad Company
Sterling Electric Company
Technical Tooling. Inc.
Twin City Die Casting Co.
United States Gypsum Company
Unitog Company and Unitog Rental
Services. Inc.
Vista Resources. Inc.
Warren Shade Company
Western Electric C0./AT& T
Whittaker Corporation
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ATTACHMENT C
LEGAL DESCRIPTION OF
THE EAST BETHEL LANDFILL
PER 1985 MFC A PERMIT
The Southwest Quarter of the Northwest Quarter of Section 9, Township 33, Range 23, Anoka
County, Minnesota and the East Half of the Southeast Quarter of the Northeast Quarter of
Section 8, Township 33, Range 23, Anoka County, Minnesota.
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-------
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ATTACHMENT F
EASEMENT
THIS INDENTURE, made this day of 0 , 19 , between
Clearwater Land, Inc., party of the first part, and the STATE OF MINNESOTA, a sovereign body,
by its Commissioner of the Minnesota Pollution Control Agency ("MPCA"), party of the second
part,
WITNESSETH:
WHEREAS, Clearwater Land, Inc. entered into a Landfill Cleanup Agreement ("Cleanup
Agreement") on a with the Commissioner of the Minnesota Pollution Control
Agency pursuant to the Landfill Cleanup Act, Minn. Stat. §§ 115B.39-115B.46 (1994) (the "Act"),
related to the East Bethel Landfill (the "Landfill"), which is located in Section 9, Township 33,
Range 23, Anoka County, Minnesota; and
WHEREAS, the Commissioner has the authority to acquire an interest in real property
necessary for environmental response actions under Minn. Stat. §§ 115B.412, subd. 3 and 115B.17,
subd.15; and
WHEREAS, under the Cleanup Agreement, Clearwater Land, Inc. agreed to convey to the
it
STATE OF MINNESOTA an Easement to certain described parcels of property that it owns and
which are hereinafter described.
NOW THEREFORE, the said party of the first part for valuable consideration does hereby
grant a perpetual easement to the STATE OF MINNESOTA acting through its Commissioner of the
Minnesota Pollution Control Agency ("Commissioner") for the purposes and under the terms and
-------
conditions as hereinafter described in the following described premises situated in the County of
Anoka and the State of Minnesota (the "Property"), to-wit:
The West Half of the Southeast Quarter of the Northwest Quarter (W 1/2 SE 1/4
NW 1/4) of Section Nine (9), Township Thirty-three (33), Range Twenty-three
(23), Anoka County, Minnesota, lying east of the west 140 feet of the Southeast
Quarter of the Northwest Quarter of Section 9, Township 33, Range 23, Anoka
County, Minnesota.
The south 323.08 feet of the Northwest Quarter of the Northwest Quarter (NW 1/4
NW 1/4) of Section Nine (9), Township Thirty-three (33), Range Twenty-three
(23), Anoka County, Minnesota and the south 323.08 feet of the West Half of the
Northeast Quarter of the Northwest Quarter (W 1/2 NE 1/4 NW 1/4) of Section 9,
Township 33, Range 23, Anoka County, Minnesota, lying north of the southern
100 feet of the Northwest Quarter of the Northwest Quarter of Section 9,
Township 33 Range 23, Anoka County, Minnesota, lying east of the west 50 feet
thereof, and the south 100 feet of the west 140 feet of the Northeast Quarter of the
Northwest Quarter of said Section 9.
The West Half of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4)
of Section Eight (8), Township Thirty-three (33), Range Twenty-three (23),
Anoka County, Minnesota, lying south of the north 50 feet thereof.
The East Half of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of
Section Eight (8), Township Thirty-three (33), Range Twenty-three (23), Anoka
County, Minnesota, lying west of the east 120 feet of said East Half of the Southeast
Quarter of the Northeast Quarter (El/2 SE 1/4 NE 1/4) of Section 8, Township 33,
Range 23, Anoka County, Minnesota, lying south of the north 50 feet thereof, and
lying north of the south 565 feet thereof.
THE PURPOSE AND INTENT OF THIS EASEMENT IS TO allow the Commissioner,
and employees, agents and contractors of the Commissioner and of the MPCA, to enter the
Property and to take the following actions thereon which the Commissioner deems necessary to
carry out his duties and authorities under the Act and under the Cleanup Agreement with respect
to the Landfill:
1. To investigate the release of hazardous substances, pollutants or
contaminants or landfill gas, including testing, sampling and monitoring activities.
2
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2. To sample and maintain monitoring wells existing in or on the Property on
the date of this Agreement.
3. To install, sample and maintain additional monitoring wells or other
monitoring devices in or on the Property, and to install and maintain fences or other structures or
equipment by which the Commissioner may control access by unauthorized persons to such
wells or monitoring devices.
THE EASEMENT IS SUBJECT TO THE FOLLOWING COVENANTS AND
CONDITIONS:
A. The Commissioner shall consult with the owner before installing monitoring wells or
devices, or fences or structures to control access to those wells or devices. The Commissioner, in
selecting the location of any such wells, monitoring devices, fences, or other structures or
equipment shall attempt to avoid interference with the owner's use of the property.
B. The MPCA shall obtain all necessary permits for installation and maintenance of
ground water monitoring wells on property which the Commissioner installs or to which the
Commissioner has access under this Easement, shall maintain the wells, and upon completion of
the environmental response actions for the Landfill, including all monitoring, shall seal the
monitoring wells in accordance with State law.
C. The owner shall allow access granted under this Easement conditioned only upon
presentation of proper identification.
D. When the Commissioner determines, in his sole discretion, that the Easement is no
longer necessary to carry out his duties or authorities under the Act or under the Cleanup
Agreement, the Commissioner will file a release of the Easement with the recorder or registrar of
3
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titles of Anoka County. The owner may request the Commissioner to release the Easement, or to
modify its scope or terms, at any time after issuance of the Notice of Compliance for the Landfill
under the Act.
This Easement and the covenants contained herein shall run with the land and shall be
binding on all persons and entities who shall come into ownership or possession of the Property as
described herein.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands the
day and year first above written.
(Title)
STATE OF MINNESOTA
COUNTY QV _/4:* J k.'S
On this day before me a notary public within and for said
—y, !/ <" / / v ^
County and State, personally appeared h^ ^J/^,-pto me personally known, who,
—' C7
being duly sworn by me on oath, did say that he/she/they is/are the persons who signed the
foregoing instrument and acknowledged that they signed the same as his/her free act and deed for
the uses and purposes therein set forth.
'ISANTI COUNTY
ublic, County, MN
My commission expires _
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Accepted by the Commissioner of the Minnesota
Pollution Control Agency pursuant to Minn. Stat.
§§ 115B.412, sub/CTaki 115ft. 17, si^d. 15.
Delegee of the Comm sioner
ACKNOWLEDGMENT
STATE OF MINNESOTA
COUNTY OF RAMSEY
On this j 1 day of , 1 W, before me a notary public within and for said
County and State, personally appeared C-,AlPV *~P()L fD ft 1) , Delegee of the
Commissioner of the Minnesota Pollution Control Agency, to me personally known, who, being
duly sworn by me on oath, did say that he is the person who signed the foregoing instrument and
acknowledged that he signed said instrument as the free act and deed of the State of Minnesota.
J&
fMPJjOjCX 7\ mkjYUMOJ
Notary Publicr ^^J^i-M^County, MN
My commission expires L fbJY!. ¦,
THIS INSTRUMENT WAS DRAFTED BY:
Alan C. Williams
Assistant Attorney General
900 NCL Tower
445 Minnesota Street
St. Paul, Minnesota 55101
.iSWfe. PATRICIA A. KOSHENINA
_y,4|£ NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY
ktyComrtssion Expires Jin. 31,2000
AG:7319 vl
5
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ATTACHMENT G
EASEMENT
THIS INDENTURE, made this day of O crt-s , 19 °> , between
Clearw ater Land, Inc., party of the first part, and the STATE OF MINNESOTA, a sovereign body,
by its Commissioner of the Minnesota Pollution Control Agency ("MPCA"), party of the second
part,
WITNESSETH:
WHEREAS, Clearwater Land, Inc. entered into a Landfill Cleanup Agreement ("Cleanup
Agreement") on Q(>abtv^ f^-Swith the Commissioner of the Minnesota Pollution Control
Agency pursuant to the Landfill Cleanup Act, Minn. Stat. §§ 115B.39-115B.46 (1994) (the "Act"),
related to the East Bethel Landfill (the "Landfill"), which is located in Section 9, Township 33,
Range 23, Anoka County, Minnesota; and
WHEREAS, the Commissioner has the authority to acquire an interest in real property
necessary for environmental response actions under Minn. Stat. §§ 115B.412, subd. 3 and 115B.17,
subd. 15; and
WHEREAS, under the Cleanup Agreement, Clearwater Land, Inc. agreed to convey to the
STATE OF MINNESOTA an Easement to certain described parcels of property that it owns and
which are hereinafter described.
NOW THEREFORE, the said party of the first part for valuable consideration does hereby
grant a perpetual easement to the STATE OF MINNESOTA acting through its Commissioner of the
Minnesota Pollution Control Agency ("Commissioner") for the purposes and under the terms and
-------
conditions as hereinafter described in the following described premises situated in the County of
Anoka and the State of Minnesota (the "Property"), to-wit:
The south 565 feet of the East Half of the Southeast Quarter of the Northeast
Quarter (E 1/2 SE 1/4 NE 1/4) of Section Eight (8), Township Thirty three (33),
Range Twenty three (23), Anoka County, Minnesota, lying west of the east 120 feet
thereof.
The north 150.00 feet of the south 565.00 feet of the west 50.00 feet of the east 120
feet of the East Half of the Southeast Quarter of the Northeast Quarter of Section 8,
Township 33 Range 23, Anoka County.
THE PURPOSE AND INTENT OF THIS EASEMENT IS TO allow the Commissioner, and
employees, agents and contractors of the Commissioner and of the MPCA, to enter the Property and
to take the following actions thereon which the Commissioner deems necessary to carry out his
duties and authorities under the Act and under the Cleanup Agreement with respect to the Landfill:
1. To take any and all environmental response actions to remediate ground
water contamination, or to investigate the release of hazardous substances, pollutants or
contaminants or landfill gas.
2. To maintain existing wells and other response action equipment and
structures, install additional wells, pipes and equipment related to remediation of contaminated
ground water, and install fences or other equipment or structures by which the Commissioner may
*
control access to such wells, pipes and equipment.
3. To construct, repair, use and maintain a road for access to the Landfill
Transfer Area, as that area is defined in the Cleanup Agreement, and to stage environmental
response actions to be taken related to the Landfill, on the South 80 feet of the Property.
2
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THE EASEMENT IS SUBJECT TO THE FOLLOWING COVENANTS AND
i
CONDITIONS:
A. The Commissioner shall consult with the owner before:- (1) installing ground
water wells, devices, pipes or equipment, or taking other actions that would physically disturb the
Property; or (2) installing fences or structures to control access to such wells, devices, pipes or
equipment.
B. The Commissioner agrees not to exercise the rights with respect to an access
road pursuant to paragraph 3 above if the owner provides a road for the Commissioner to use to gain
access to the Landfill Transfer Area as defined in the Cleanup Agreement and maintains and repairs
such road in a manner so that it is adequate for the use of the Commissioner.
C. The Commissioner shall obtain all necessary permits for installation and
maintenance of wells which the Commissioner installs or to which the Commissioner has access
under this Easement, shall maintain the wells, and, upon completion of the environmental response
actions including all required monitoring, shall seal the wells in accordance with State law.
D. The owner shall allow access granted under this Easement conditioned only
upon presentation of proper identification.
E. When the Commissioner determines that this Easement is no longer
necessary to carry out his duties or authorities under the Act or under the Cleanup Agreement the
Commissioner will file a release of the Easement with the recorder or registrar of titles of Anoka
County.
3
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This Easement and the covenants contained herein shall run with the land and shall be
binding on all persons and entities who shall come into ownership or possession of the Property as
described herein.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands the
day and year first above written.
For Clearwater Land, Inc. t
(Name)
(Title)
STATE OF MINNESOTA
COUNTY OF /jnohct
On this H' day oilAicht r- 199^before me a notary public within and for said
County and State, personally appeared "Tjtncfi^ /^s TcVN to me personally known,
who, being duly sworn by me on oath, did say that he/she/they is/are the persons who signed the
foregoing instrument and acknowledged that they signed the same as his/her free act and deed for
the uses and purposes therein set forth.
MM
JUDY N. 2IEBARTH
NOTARY PUBLIC-MINNESOTA
ISANTI COUNTY
My Commission Exp. Jan. 31, 2000
Notary ffubllc^T^g h County, MN
My commission expires j C
4
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Accepted by the Commissioner of the Minnesota
Pollution Control Agency pursuant to Minn. Stat.
§§ \\5Q4\2, suK3^and lljp.l7^d. 15.
Qy
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ATTACHMENT H
DECLARATION OF RESTRICTIONS
AND COVENANTS
THIS DECLARATION, made this day of19 , by Clearwater
Land, Inc., ("Declarant"):
WITNESSETH:
WHEREAS, Declarant is the fee owner of the real property legally described herein; and
WHEREAS, Declarant entered into a Landfill Cleanup Agreement on
with the Commissioner of the Minnesota Pollution Control Agency (the "Commissioner")
pursuant to the Landfill Cleanup Act, Minn. Stat. §§ 115B.39-115B.46 (1994) (the "Act"),
related to the East Bethel Landfill (the "Landfill") which Declarant owns and which is located in
Section 9, Township 33, Range 23, Anoka County, Minnesota; and
WHEREAS, under the Landfill Cleanup Agreement ("Cleanup Agreement"), Declarant
agreed to place a Restrictive Covenant on portions of certain parcels of property that it owns and
which are hereinafter described.
NOW THEREFORE, in consideration of the foregoing, Declarant makes the following
declarations as to limitations and restrictions with respect to the use of the Property as hereinafter
rf • ~
described, and specifies that such declarations shall constitute covenants to run with the land as
provided by law and shall be binding on all parties and all persons claiming under them.
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1.
As used in this Declaration, "Property" means and refers to the following
legally described parcel of real property owned by the Declarant:
The West Half of the Southeast Quarter of the Northwest Quarter (W 1/2 SE
1/4 NW 1/4) of Section Nine (9), Township Thirty-three (33), Range Twenty-
three (23), Anoka County, Minnesota, lying east of the west 140 feet of the
Southeast Quarter of the Northwest Quarter of Section 9, Township 33, Range
23, Anoka County, Minnesota.
The south 323.08 feet of the Northwest Quarter of the Northwest Quarter (NW
1/4 NW 1/4) of Section Nine (9), Township Thirty-three (33), Range Twenty-
three (23), Anoka County, Minnesota and the south 323.08 feet of the West
Half of the Northeast Quarter of the Northwest Quarter (W 1/2 NE 1/4 NW
1/4) of Section 9, Township 33, Range 23, Anoka County, Minnesota, lying
north of the southern 100 feet of the Northwest Quarter of the Northwest
Quarter of Section 9, Township 33 Range 23, Anoka County, Minnesota, lying
east of the west 50 feet thereof, and the south 100 feet of the west 140 feet of
the Northeast Quarter of the Northwest Quarter of said Section 9.
The Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section Eight
(8), Township Thirty-three (33), Range Twenty-three (23), Anoka County,
Minnesota, lying west of the east 120 feet of the East Half of the Southeast
Quarter of the Northeast Quarter (El/2 SE 1/4 NE 1/4) of Section 8, Township 33,
Range 23, Anoka County, Minnesota, lying south of the north 50 feet thereof.
The north 150.00 feet of the south 565.00 feet of the west 50.00 feet of the east
120 feet of the East Half of the Southeast Quarter of the Northeast Quarter of
Section 8, Township 33 Range 23, Anoka County.
2. No drinking water well shall be installed in or on the Property without
the written approval of the Commissioner and the Minnesota Department of Health.
3. No excavation, dewatering, or other construction activity requiring any
disturbance of soil, surface water or ground water in or on the Property, including installation
of any well for purposes other than human consumption, may be commenced without first
notifying and obtaining the approval of the Commissioner. The Commissioner shall approve
or disapprove of any such proposed action based on the Commissioner's determination of
whether the action would interfere with any environmental response actions related to the
Landfill.
2
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4. The restrictions in Paragraph 3 shall not prevent the construction or
operation of a recycling drop-off facility, proposed to be located within the boundaries of the
Property as depicted in Exhibit 1 to this Declaration; provided that, construction of the proposed
recycling facility does not require the lowering of the current grade of the Property and that
construction of the recycling facility is limited to the area depicted as occupied by the recycling
facility in Exhibit 1. Nothing in this Declaration constitutes an approval by the Commissioner or
by the MPCA for construction of the proposed recycling drop-off facility. Any construction or
operation of the proposed recycling drop-off facility is subject to compliance with all applicable
state and local laws, rules and ordinances.
5. When the Commissioner determines, in his sole discretion, that any
restriction or limitation imposed under this Declaration is no longer necessary to carry out his
duties or authorities under the Act or under the Cleanup Agreement, the Commissioner will
modify or release the restriction and release all or a portion of the Property from all or any part of
the terms and conditions of this Declaration, by filing a modification or release of this
Declaration with the county recorder or registrar of titles in Anoka County. The owner may
request the Commissioner to release this Declaration, or to modify its scope or terms, at any time
3
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after issuance of the Notice of Compliance for the Landfill.
IN WITNESS WHEREOF, the undersigned being the Declarant herein has caused this
declaration to be executed on the day and year first above written.
For Clearwater Land, Inc.
/ ^ -v
(Name)
• Land, Inc.
(Title)
ACKNOWLEDGMENT
STATE OF MINNESOTA
COUNTY OF
On this day o
\1~ 4-n h
C , / Wbefore me a notary public within and
—f - -J-! 4- X J
for said County and State, personally appeared /; * J!A j -J / V •> 7ZT, to me personally
known, who, being duly sworn by me on oath, did say that he/she/they is/are the persons who
signed the foregoing instrument and acknowledged that they signed the same as free act and deed
for the uses and purposes therein set forth.
__ JUDY N. ZSE3ARTH
fei,NOTARY 'MINNESOTA
ISANTi COUNTY
My Commission Exp. Jan. 31,2000
Notary Ptfblii, ^ County, MN
My commission expires '* /- / -ex. OOC
4
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Accepted by the Commissioner of
the Minnesota Pollution Control Agency
pursuant to Minn. Stat. §§ 115B.412. subd. 3
and 115B.17, sul:
ACKNOWLEDGMENT
STATE OF MINNESOTA
COUNTY OF RAMSEY
On this IJ day of 19 c/5\ before me a notary public within and for said
County and State, personally appeared ~?LlLFO;£D , Delegee of the
Commissioner of the Minnesota Pollution Control Agency, to me personally known, who being
duly sworn by me on oath, did say that he is the person who signed the foregoing instrument and
acknowledged that he signed said instrument as the free act and deed of the State of Minnesota.
VMd) (X AmhfY)ifrLD>j
Notary Public, ^ A/OJlwOUa-r' County, MN
My commission exp/ires \ JY) 3K
PATRIC,A a. koshenina
THIS INSTRUMENT WAS DRAFTED BY: 'RAMSEYCOUnty*
My Commtelon Expires iu. 3t. 2000 .
"¦¦¦ miiimuj
Alan C. Williams
Assistant Attorney General
900 NCL Tower
445 Minnesota Street
St. Paul, Minnesota 55101
AG:7323 vl
5
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ATTACHMENT I
EASEMENT
THIS INDENTURE, made this day of O 6 L>-*v 19 °> , between
Robert F. Knode and Frances V. Knode, husband and wife, party of the first part, and the STATE
OF MINNESOTA, a sovereign body, by its Commissioner of the Minnesota Pollution Control
Agency ("MPCA"), party of the second part,
WITNESSETH:
WHEREAS, a Landfill Cleanup Agreement ("Cleanup Agreement") was executed on
Oct-* between Clearwater Land, Inc., Sylvester Brothers Development Corporation,
the Estate of Vernon Sylvester, the East Bethel Phase II PRP Group, and the Commissioner of the
Minnesota Pollution Control Agency pursuant to the Landfill Cleanup Act, Minn. Stat.
§§ 115B.39-115B.46 (1994) (the "Act"), related to the East Bethel Landfill (the "Landfill"), which
is located in Section 9, Township 33, Range 23, Anoka County, Minnesota; and
WHEREAS, the Commissioner has the authority to acquire an interest in real property
necessary for environmental response actions under Minn. Stat. §§ 115B.412, subd. 3 and 115B.17,
subd. 15; and
"V ^
WHEREAS, under the Cleanup Agreement, Clearwater Land, Inc. agreed to obtain from the
party of the first part an Easement granting certain rights to the STATE OF MINNESOTA in
certain described parcels of property owned by the party of the first part and which are hereinafter
described.
NOW THEREFORE, the said party of the first part for valuable consideration does hereby
grant a perpetual easement to the STATE OF MINNESOTA acting through its Commissioner of the
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Minnesota Pollution Control Agency ("Commissioner") for the purposes and under the terms and
conditions as hereinafter described in the following described premises situated in the County of
Anoka and the State of Minnesota (the "Property"), to-wit:
The Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section
Eight (8), Township Thirty-three (33), Range Twenty-three (23), West of the
Fourth Principal Meridian, Anoka County, Minnesota, except for the north
350 feet of the east 120 feet of said Northeast Quarter of the Southeast
Quarter (NE 1/4 SE 1/4) of Section Eight (8), Township Thirty-three (33),
Range Twenty-three (23), Anoka County, Minnesota.
THE PURPOSE AND INTENT OF THIS EASEMENT IS TO allow the Commissioner, and
employees, agents and contractors of the Commissioner and of the MPCA, to enter the Property and
to take the following actions thereon which the Commissioner deems necessary to carry out his
duties and authorities under the Act and under the Cleanup Agreement with respect to the Landfill:
1. To take any and all environmental response actions to remediate ground
water contamination, or to investigate the release of hazardous substances, pollutants or
contaminants or landfill gas.
2. To maintain existing wells and other response action equipment and
structures, install additional wells, pipes and equipment related to remediation of contaminated
ground water, install monitoring wells and devices, and install fences or other equipment or
structures by which the Commissioner may control access to such wells, devices, pipes and
equipment.
THE EASEMENT IS SUBJECT TO THE FOLLOWING COVENANTS AND
CONDITIONS:
2
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A. j The Commissioner shall consult with the owner before: (1) installing ground
water wells, devices, pipes or equipment, or taking other actions that would physically disturb the
Property; or (2) installing fences or structures to control access to such wells, devices, pipes or
equipment. The Commissioner, in selecting the location of any such wells, monitoring devices,
fences, or other structures or equipment shall attempt to avoid interference with the owner's use of
the property.
B. The Commissioner shall obtain all necessary permits for installation and
maintenance of wells which the Commissioner installs or to which the Commissioner has access
under this Easement, shall maintain the wells, and, upon completion of the environmental response
actions including all required monitoring, shall seal the wells in accordance with State law.
C. The owner shall allow access granted under this Easement conditioned only
upon presentation of proper identification.
D. When the Commissioner determines, in his sole discretion, that this
Easement is no longer necessary to carry out his duties or authorities under the Act or under the
Cleanup Agreement, the Commissioner will file a release of the Easement with the recorder or
registrar of titles of Anoka County. The owner may request the Commissioner to release the
Easement, or to modify its scope or terms, at any time after issuance of the Notice of Compliance
for the Landfill under the Act.
This Easement and the covenants contained herein shall run with the land and shall be
binding on all persons and entities who shall come into ownership or possession of the Property as
described herein.
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; IN TESTIMONY WHEREOF, the parties of the first part have hereunto set their hands the
day and year first above written.
Robert F. Knode
Frances V. Knode
STATE OF MINNESOTA
COUNTY OF J^rtdkct
On this day oifCJ? p , / before me a notary public within and for said
County and State, personally appeared Rphzf't' dj& and $~rd t-rc-.t J^nede, to
me personally known, who, being duly sworn by me on oath, did say that he/she/they is/are the
persons who signed the foregoing instrument and acknowledged that they signed the same as his/her
free act and deed for the uses and purposes therein set forth.
MM
JUDY N. ZIEBARTH
zdu'iA NOTARY PUBLIC-MINNESOTA
ISANTI COUNTY
2 My Commission Exp. Jan. 31,2000
V
Nojary TjVi „ // County, MN
My commission expires /-?/- £15
4
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With the consent of the Contract for Deed Vendee
of the Property
Timothy J. Sylvester,
STATE OF MINNESOTA
COUNTY OY/fytcka
On this day of ¦P/~, i^before me a notary public within and for said
County and State, personally appeared ' me personally known,
who, being duly sworn by me on oath, did say that he/she/they is/are the persons who signed the
foregoing instrument and acknowledged that they signed the same as his/her free act and deed for
the uses and purposes therein set forth.
JUDY ft
HOTary
Notaj/Putflic,^trV(vCounty, MN
My commission expires /- ^C
OTA
Jan.
3».
2000
5
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Accepted by the Commissioner of the Minnesota
Pollution Control Agency pursuant to Minn. Stat.
§§ 115B.412, sub#3Vd 1153-l^subd. 15.
By.
fJ^>
Delete of me Commissioner
ACKNOWLEDGMENT
STATE OF MINNESOTA
COUNTY OF RAMSEY
On this 11 day of , 19^.5" , before me a notary public within and for said
County and State, personally appeared QiftlC-V ^lALfDPP Delegee of the
Commissioner of the Minnesota Pollution Control Agency, to me personally known, who, being
duly sworn by me on oath, did say that he is the person who signed the foregoing instrument and
acknowledged that he signed said instrument as the free act and deed of the State of Minnesota.
Notary Public/ ^jrAii.^rCoxmty. MN
My commission expires u[ MV) .?/
T
THIS INSTRUMENT WAS DRAFTED BY:
Alan C. Williams
Assistant Attorney General
900 NCL Tower
445 Minnesota Street
St. Paul, Minnesota 55101
NOTARY PUBLIC - MINNESOTA '•
: RAMSEY COUNTY j
vfeC? My Comirtoion Expires Jan. 31.2009 J
'-i'wmWMMMMWMMWMWWW1
AG:11046 vl
6
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j ATTACHMENT J
DECLARATION OF RESTRICTIONS
AND COVENANTS
THIS DECLARATION, made this ^ day of QcfoW- , 19 by Robert F.
Knode and Frances V. Knode, husband and wife, ("Declarants"):
WITNESSETH:
WHEREAS, Declarants are the fee owners of the real property legally described herein;
and
WHEREAS, a Landfill Cleanup Agreement ("Cleanup Agreement") was executed on
O ck. H > I f 1 ^ between Clearwater Land, Inc., Sylvester Brothers Development
Corporation, the Estate of Vernon Sylvester, the East Bethel Phase II PRP Group, and the
Commissioner of the Minnesota Pollution Control Agency pursuant to the Landfill Cleanup Act,
Minn. Stat. §§ 115B.39-115B.46 (1994) (the "Act"), related to the East Bethel Landfill (the
"Landfill"), which is located in Section 9, Township 33, Range 23, Anoka County, Minnesota;
and
WHEREAS, under the Landfill Cleanup Agreement ("Cleanup Agreement"), Clearwater
Land, Inc. agreed to obtain from Declarants a Declaration of Covenants and Restrictions placing
a Restrictive Covenant on portions of certain parcels of property owned by Declarants and which
are hereinafter described.
NOW THEREFORE, in consideration of the foregoing, Declarants make the following
declarations as to limitations and restrictions with respect to the use of the Property as hereinafter
described, and specifies that such declarations shall constitute covenants to run with the land as
provided by law and shall be binding on all parties and all persons claiming under them.
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1. ; As used in this Declaration, "Property" means and refers to the following legally
described parcel of real property owned by the Declarants:
The Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section
Eight (8), Township Thirty-three (33), Range Twenty-three (23), West of
the Fourth Principal Meridian, Anoka County, Minnesota, except for the
north 350 feet of the east 120 feet of said Northeast Quarter of the
Southeast Quarter (NE 1/4 SE 1/4) of Section Eight (8), Township Thirty-
three (33), Range Twenty-three (23), Anoka County, Minnesota.
2. No drinking water well shall be installed in or on the Property without the written
approval of the Commissioner and the Minnesota Department of Health.
3. No excavation, dewatering, or other construction activity requiring any
disturbance of soil, surface water or ground water in or on the Property, including installation of
any well for purposes other than human consumption, may be commenced without first notifying
and obtaining the approval of the Commissioner. The Commissioner shall approve or
disapprove of any such proposed action based on the Commissioner's determination of whether
the action would interfere with any environmental response actions related to the Landfill.
4. When the Commissioner determines, in his sole discretion, that any restriction
or limitation imposed under this Declaration is no longer necessary to carry out his duties or
authorities under the Act or under the Cleanup Agreement, the Commissioner will modify or
release the restriction and release all or a portion of the Property from alljpr any part of the terms
and conditions of this Declaration, by filing a modification or release of this Declaration with the
county recorder or registrar of titles in Anoka County. The owner may request the
Commissioner to release this Declaration, or to modify its scope or terms, at any time
2
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after issuance of the Notice of Compliance for the Landfill.
IN WITNESS WHEREOF, the undersigned being the Declarant herein has caused this
declaration to be executed on the day and year first above written.
ryyCVvv c- m.
Frances V. Knode
ACKNOWLEDGMENT
1' ,-u
STATE OF MINNESOTA
COUNTY OF jfncfcti
On this vr day foh-Cr , }(J<^
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With the consent of the Contract for Deed Vendee
of the Property
Yr ^ H
ster, v
Timothy J. Sylves
STATE OF MINNESOTA
COUNTY OF A^rjkcX
On this V day , /y'V/jbefore me a notary public within and for
said County and State, personally appeared ClJj/£me personally
~^ Z)
known, who, being duly sworn by me on oath, did say that he/she/they is/are the persons who
signed the foregoing instrument and acknowledged that they signed the same as his/her free act
and deed for the uses and purposes therein set forth.
JZLiT- 31-2000
/ County, MN
My commission expires / T/"•QOCs 0
4
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Accepted by the Commissioner of
the Minnesota Pollution Control Agency
pursuant to Minn. Stat. §§ 115B.412, subd. 3
and 115B.17, subd. 15
By zrs;
Delegee/df
ACKNOWLEDGMENT
STATE OF MINNESOTA
COUNTY OF RAMSEY
On this 11 day off^lWW 19_j[f>_, before me a notary public within and for said
County and State, personally appeared '^ULLFD^T) , Delegee of the
Commissioner of the Minnesota Pollution Control Agency, to me personally known, who being
duly sworn by me on oath, did say that he is the person who signed the foregoing instrument and
acknowledged that he signed said instrument as the free act and deed of the State of Minnesota.
Notary Public, Q A/y/y^PMiL County, MN
My commission expires r })//! •, T/' 3000
|7'^ HATBICKAKOSHBiWi':
S /Jfe _L"«u* wrrrABvpiiri ic_
THIS INSTRUMENT WAS DRAFTED BY:
Alan C. Williams
Assistant Attorney General
900 NCL Tower
445 Minnesota Street
St. Paul, Minnesota 55101
tv&rjlWi N0TARY PUBLIC - MINNESOTA
% SPHAMSEY COUNTY
$ My Ccmmbaon Expires Jin. 31 jpaj
-*** minim
AG:7778vl
5
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Attachment 6: Implemented Institutional Controls
Map and Attachment
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Institutional Control {IC> Review Superfund
implemented institutional Control* U.S. Environmental Protection Agency
'< p»oi*6
East Bethel Demolition Landfill
Anoka County, MN MND981G88180
Legend*
[ j/_\ Landfill Boundary
<¦> * * *»
Response Action Easement Area
Landfill Transfer Area
Access and Use Restriction Area
P .mm mm
L _ J Knode Properly
Declaration of Restrictions and Covenants
* Plrase»« AKichmf nt 1 lot Summary of Institutional Cwwcsls
0 300 600
II Feet
i
Gj5s
EPA DladMner be aftnaed Mu araaa *B.aad n *w
on ami my r^ma ntursetcta cry any (xny. mr/w
nag ham bem ertfmeil TJw map don
or cruri^o irn ani ant map m my mm
Cntlml ty Sara- Bartteuia
Ui EP«.npotr 8 a- 62VJOX
Im^aDsa W
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Attachment 1: Summary of Institutional Controls
The following summary is based on the Landfill Cleanup Agreement between Parties
Associated with the East Bethel Landfill and the Commissioner of the Minnesota Pollution
Control Agency Pursuant to Minn. Stat. 115B. 39 to 115B. 44 (10/1995)
Response Action Easement Area
A: The Commissioner shall consult with the owner before installing ground water wells,
devices, or taking any other actions that would physically disturb the property and before
installing fences or structures to control access to such devices.
B: The Commissioner agrees not to exercise the rights to an access road if the owner
provides a road and maintains and repairs such road for the Commissioner to use to gain
access to the Landfill Transfer Area.
C: The Commissioner shall obtain all necessary permits for installation and maintenance of
wells and will maintain and seal wells in accordance with state law.
D: The owner shall allow access under this easement.
E: The Commissioner may determine to file a release of the Easement when it is no longer
necessary.
Access and Use Restriction Area Easement
A: The Commissioner shall consult with the owner before installing ground water wells,
devices, or taking any other actions that would physically disturb the property and before
installing fences or structures to control access to such devices.
B: The MFC A shall obtain all necessary permits for installation and maintenance of wells
and will maintain and seal wells in accordance with state law.
C: The owner shall allow access under this easement.
D: The Commissioner may determine to file a release of the Easement when it is no longer
necessary.
Landfill Transfer Area
A: No drinking water well shall be installed on the property without approval of the
Commissioner or MDH.
B: No excavation, dewatering, or construction requiring disturbance of the soil, surface or
groundwater in or on the property, including installation of any well for purposes other
than human consumption, may be commenced without approval of the Commissioner.
C: These restrictions shall run with the property unless and until the Landfill Transfer Area
is transferred to the State.
Knode Property Easement
A: The Commissioner shall consult with the owner before installing ground water wells,
devices, or taking any other actions that would physically disturb the property and before
installing fences or structures to control access to such devices.
B: The Commissioner shall obtain all necessary permits for installation and maintenance of
wells and will maintain and seal wells in accordance with state law.
C: The owner shall allow access under this easement.
D: The Commissioner may determine to file a release of the Easement when it is no longer
necessary.
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Knode Property Declaration of Restrictions and Covenants
A: No drinking water wells shall be installed without approval of the Commissioner.
B: No excavation, dewatering, or construction requiring disturbance of the soil, surface or
groundwater in or on the property, including installation of any well for purposes other
than human consumption, may be commenced without approval of the Commissioner.
C: The Commissioner may modify or release any restriction imposed under this declaration
if it is no longer necessary.
Declaration of Restrictions and Covenants
A: No drinking water well shall be installed on the property without approval of the
Commissioner or MDH.
B: No excavation, dewatering, or construction requiring disturbance of the soil, surface or
groundwater in or on the property, including installation of any well for purposes other
than human consumption, may be commenced without approval of the Commissioner.
C: restrictions shall not prevent the construction or operation of a recycling drop-off facility,
proposed to be located partially within the Access and Restriction Area and Response
Action Area.
D: The Commissioner may modify or release any restriction imposed under this declaration
if it is no longer necessary.
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