CCP 03-28-1994 - Laserfiche WebLink

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. Oak Grove Trust Members . March 22. 1994 Page 6 The Trust's lawyers will soon be meeting with Ames' lawyers in an attempt to resolve the stonn damage issue. and as previously reponed, since the Trustees and Common Counsel believe the Trust's arguments are strong we are hopeful that the issue can be resolved with minimal or no additional cost to the Trust If the stonn damage issue cannot be successfully negotiated. it appears likely that litigation or some fonn of AOR will ensue. VIl. MPCA ISSUES. As reported in my December 7, 1993 status report, MPCA was and is very interested in landfill gas. odors, and potential VOC emissions from the Site. Because in the view of the EP A Remedial Project Manager and the Trust landfill gas was a nonissue. and MPCA felt otherwise. MPCA went over the Remedial Project Manager's head and wrote directly to Jodi Traub at EP A to seek further gas study. Enclosed as Exhibit L is a copy of the Trust's response to MPCA's letter to Jodi Traub. The Trust's letter takes the position that there is no landfill gas issue at the Site and that MPCA's letter to Jodi Traub is factually inaccurate. Enclosed as Exhibit M is EPA's fonnal response to MPCA. which also takes the position that landfill gas is a flonissue at the Oak Grove Site. As of the date of these letters, the facts clearly supported the position taken by the Trust and EP A. - - -~ ,~ VIIl. HORIZONTAL MIGRATION OF LANDFILL GAS. . On February 17, 1994, landfill gas did became a bie issue at the Oak Grove Site. o. Thus far the landfill gas issue is related to horizontal migration. and support for concerns related to odors and VOC emissions have not materialized. As has previously been reported, the Trust installed two gas probes north of the Site and south of the Egan and Wells residences. During the regular monitoring round conducted on February 17, landfill gas was for the first time found in both of these probes. These results were immediately reponed to EP A and MPCA, and the Trust began daily monitoring of the probes as well as the basements of the nearby homes. MPCA immediately attempted to take advantage of this situation by - writing the Trust with a request to conduct sampling related to emissions rather than horizontal migration (see Exhibit N). The Trust responded with Exhibit 0, a letter to EP A indicating that MPCA is welcome to be on-Site, but that the Trust will not be paying for its costs associated with the proposed sampling activities. The Trust developed an immediate action plan in order to alleviate any explosion risk at the nearby residences. See Exhibit P. The plan calls for daily monitoring until continuous alarm monitors can be installed in the basements of the six nearby residences. and indicates that a plan will be developed to collect data to evaluate what, if any, steps are necessary to mitigate gas migration. The Trust also requested pennission from the owners of nearby residences to install active ventilation systems in their basements, in order to eliminate the 350/22040059 312~4 .