The Leech Lake Band of Ojibwe Brownfields Response Program Diane Thompson Hazardous Waste Manager Division of Resource Management (218)

Leech Lake Band of Ojibwe Reservation

Development of the Band’s Brownfields Response Program Launched in 2003 Addresses hazardous substances, pollutants and contaminants that pose a risk to the health of the Reservation Population and the quality of the Reservation’s Environment Sites vary widely – industrial sites, waste transfer stations, abandoned housing and equipment storage sites, open dumps, and meth labs.

Example No 1: Enbridge Pipeline Spill – Cass Lake Site Discovery: Leaking flange in May of crude oil and other petroleum products – trust or fee land! Release: Following initial remedial efforts, approximately 48,000 gallons of light non-aqueous phase liquid (LNAPL) consisting of residual crude oil is currently “floating” on the top of the water table Authority: DRM has asserted regulatory jurisdiction over the Cass Lake Site as it is within the exterior boundaries of the Leech Lake Reservation

Enbridge Site New Wells

Enbridge Working Cooperatively with DRM DRM issued a letter notifying Enbridge of its status as a potentially liable party Enbridge accepted responsibility for the release and cleanup of the site DRM and Enbridge are working collaboratively to identify viable remedial options As an example, at DRM’s request, Enbridge installed additional monitoring wells and hired a new consultant to conduct additional feasibility studies

USGS Study of the Cass Lake Site DRM identified significant data gaps regarding the nature, extent and scope of the contamination; Enbridge agreed more data was needed DRM entered into negotiations with the U.S. Geological Society’s (USGS) Toxic Substances Hydrology Program USGS proposed conducting geological and hydrogeologic studies at the Cass Lake Site Study costs would be split between USGS & DRM DRM applauded Enbridge, which agreed to fund DRM’s half of the study (approx. $100K/first year)

Benefits of the USGS Study Provides a neutral third-party perspective regarding remediation options Provides DRM and Enbridge access to the USGS’ broad scientific expertise and particularized knowledge regarding petroleum contaminated sites Information and analyses generated would provide a highly credible, reliable and useful tool that will be used by DRM to make an informed decision about optimal remedial options for the Cass Lake Site

Enbridge – Next Step USGS developing a scope of work for the study DRM and Enbridge are negotiating an Agreed Order

Example No 2: Tom’s Harbor Site Site involves a leaking underground storage tank on fee land located within the exterior boundaries of the Leech Lake Reservation State of Minnesota initiated an enforcement action Tom’s Harbor will use money from the State’s Petroleum Fund to remediate the site

Tom’s Harbor

Proposed Band-State Communication MOU Both the State and DRM are exerting enforcement authority over the site DRM sent a letter suggesting that the Band and State work collaboratively and share information regarding this site and future sites Proposed MOU designed to improve communication and cooperation between the agencies State met internally recently to discuss the proposal

Conclusion Exerting the Band’s inherent sovereignty and civil regulatory authority at several sites Enhancing the Band’s governmental credibility Strong, positive working relationship with EPA Region 5 The Band, through DRM, is working with EPA and the State to protect its homeland for future generations