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<br />~ Minnesota Pollution Control Agency <br />..... <br /> <br />,,- <br /> <br />An owner or operator need not be a Minnesota <br />business to use the fund, but the site must be located <br />in the state. <br /> <br />What criteria must be met for owners andlor <br />operators of drycleaning facilities to receive <br />reimbursement for investigation and cleanup <br />expenses? <br /> <br />The criteria include: <br /> <br />. the contamination at the property must have resulted <br />from current or former drycleaning operations; <br /> <br />. if non-drycleaning operations are determined to be <br />contributing sources to the contamination, then only <br />the portion of costs allocated to the drycleaning <br />operation contamination will be reimbursed; <br /> <br />. the cleanup activities must have begun on or after <br />July 1, 1995; <br /> <br />. the cleanup must be conducted by the fonner or <br />current owner or operator of the drycleaning facility; <br /> <br />. the owner or operator had to have complied with all <br />state or federal laws and regulations regarding <br />disposal of drycleaning solvents in effect at the time <br />of the release; <br /> <br />. the investigation and response actions, as well as the <br />costs submitted for reimbursement, must be reviewed <br />and approved by the MPCA; <br /> <br />. the response actions at the site must include cleanup <br />activities. Sites where only investigation activities <br />have been conducted are not eligible for <br />reimbursement If the site investigation confinns the <br />need for cleanup, the investigation activities would <br />then also be eligible for reimbursement. Sites where <br />cleanup is not necessary, as determined by the MPCA. <br />are not eligible for reimbursement. In assessing the <br />need for a response action, the MPCA will evaluate <br />the quality of the investigation, relevant VIC guidance <br />documents, current professional practice and <br />reasonable exercise of professional judgment; and <br /> <br />. <br /> <br />the current or former owner or operator must <br />document all expenditures (totalling at least $10000) <br />in reasonable investigation and cleanup costs, as' well <br />as any payments received or coverages for all <br />applicable insurance associated with the investigation <br />and cleanup of the site (or assign, the MPCA those <br />insurance rights). The owner or operator is <br />responsible for the first $10,000 in costs. In <br />evaluating the reimbursement request, the J\1PCA wjIJ <br />consider MPCA guidance, current professional <br />practice, sound professional judgment, and the range <br />of prices currently in effect for similar activities and <br />services. <br /> <br />Owners or operators are eligible to apply for <br />reimbursement when the MPCA has determined that a <br />response action is necessary and has approved a <br />response-action plan. <br /> <br />If the owner or operator of the drydeaning facility <br />declines to conduct the investigation and cleanup of a <br />release at a site, the MPCA will assess the site, <br />prioritize the site, and conduct an investigation and <br />any necessary cleanup. Once the NlPCA has incurred <br />costs with respect to the site that are final or exceed <br />$10,000, the agency will request payment from the <br />owner or operator of$10,000 (or l~ss. if it is <br />detennined that no further investigation or cleanup <br />activities are needed). The drycIeaning facility owner <br />or operator must also assign all applicable insurance <br />coverages to the MPCA Commissioner. <br /> <br />What facilities are not eligible for reimbursement <br />from the Drycleaner Fund? , <br /> <br />. <br /> <br />Drycleaning facilities located on a U.S. military <br />base; <br /> <br />Unifonn services, linen-supply facilities or other <br />drycleaning operations serving businesses or <br />institutions; <br /> <br />Coin.operated drycleaning operations; <br /> <br />Drycleaning services at prisons or other penal <br />institutions; <br /> <br />Drycleaner Fund: Help for Environmental Cleanup Costs <br /> <br />Page 2 <br /> <br />--- <br />