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NCGNE0632_COMPLETE FILE - HISTORICAL_20140725 (2)
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE DOC TYPE El HISTORICAL FILE DOC DATE ❑ D YYYYMMDD STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v (� DOC TYPE ❑ HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ YYYYMMDD 1 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Sabrina Pittillo G&W NC Laboratories, LLC 1877 Kawai Road Lincolnton, N.C. 28092 Dear Ms. Pittillo: July 18, 2014 John E. Skvarla, III Secretary RECE! V P� JUL 2 5 2014 CENTRAL FILES DW41BOG Subject: Name/Ownership Change Request No Exposure Certification NCGNE0632 G&W NC Laboratories, LLC Formerly Actavis Mid Atlantic LLC Lincoln County The Division has reviewed your submittal of the permit name/ownership change form for the subject No -Exposure Certification, which we received on July 3, 2014. Division personnel have reviewed and approved your request to transfer the exclusion from NPDES stormwater permitting requirements. Please note that by our original acceptance of the No -Exposure Certification and by our approval of your request to transfer it, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for the no - exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un- permitted discharge. Annual re -certification is required, and we have enclosed one blank Annual No Exposure Exclusion Self Re -Certification form for your use. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal,ncdenr.orq/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 807-6300. Sincerely, for Tracy E. avis, F.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office, Z. Khan Stormwater Permitting Program Files Central Files CG iW LABORATORIES, INC. June 16, 2014 TO WHOM IT MAY CONCERN 1877 Kawai Road, Lincolnton, North Carolina 28092 Telephone: 704-735-5700 Facsimile: 704-735-3327 www.gwlabs.com RKEIVED JUL o 3 2014 DENR-LAND QUALITY STORMWATER PERMITTING I would like to inform you that on June 13, 2014, G&W Laboratories, Inc. announced that it had completed the acquisition of Actavis Mid Atlantic LLC in Lincointon, North Carolina. Our company will be headquartered in South Plainfield, New Jersey. The combination of our businesses will occur over time and we are working hard to fully integrate our operations and functions as rapidly as possible. At this time, there are no changes in contacts at our site for the North Carolina Department of Environment and Natural Resources, Mooresville Regional Office related issues. Our systems remain in place as they were before the acquisition; there are no changes in current procedures and practices. We are committed to keeping you informed about the integration progresses and we expect a smooth transition due to our extensive integration planning. If you have any questions or concerns, please contact me at 704-276-7130. Sincerely, Sabrina Pittillo Environment, Health and, Safety Manager cc: Greg Sherwood BILL OF SALE THIS BILL OF SALE is made as of the 13th clay of June, 2014 by and between ACTAVIS MID ATLANTIC LLC ("Seller") and 1877 KAWAI ROAD LLC and G&W NC LABORATORIES, LLC ("Buyer"). WITNFSSETH: For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree as follows: 1. Seller hereby sells, transfers and conveys to Buyer and Buyer hereby accepts, the following: a. All right, title and interest of Seller in and to all of the Assets described in the attached Schedule A to the extent such Asset is located on, and used in connection with former manufacturing operations on and in those lands and improvements located at 1877 Kawaii Road, Lincolnton, North Carolina ("Personalty"). 2. This Bill of Sale is given pursuant to that certain Asset Purchase and Sale Agreement between Seller and Buyer dated as of May 23, 2014. 3. TIME PERSONALTY IS BEING TRANSFERRED "AS IS", "WHERE IS", AND "WITH ALL FAULTS" AS OF THE DATE OF THIS BILL OF SALE, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. 4, This Bill of Sate may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. S. "Seller" and "Buyer" shall be used for singular or plural, natural or artificial. which terms shall include the heirs, legal representatives, successors and assigns of Seller and Buyer whenever the context so requires or admits. (Signature page follows.l IN WITNESS WHEREOF, the Parties hereto have executed this Bill of Sale as of the date first above written. "SELLER": ACTAVIS MID ATLANTIC LLC By: - �k 6✓ , 4Y�— 10 W. LaRocca, V ce President Legal - America "BUYER": G&W NC LABORATORIES, LLC By: — Name: Title: IN WITNESS WHEREOF, flie Parties hereto have executed this Bill of Sale as of (he date finitabove written. "SELLER": ACTAVIS N111) ATLANTIC LLC By - John V. LaRocca, Vice President Legal - America -BUYER": G&OA' N-C LABORATORIES. LLC By: Name: fille: CEO SCHEDULE A ASSETS 1. Facility. That certain real property located in the City of Lincointon, Lincoln County, North Carolina, commonly known as 1877 Kawai Road, as more particularly described on Exhibit A attached. hereto (the "Land"), together with the building and all other improvements and fixtures of any nature located and/or erected thereon (collectively, the "Improvements"). 2. Real Property Interests. Seller's interest, if any, in and to all rights, privileges, easements and appurtenances to the Land and the Improvements, including, without limitation, (i) all minerals, oil, gas, and other hydrocarbon substances thereon; (ii) all vault and subterranean space, adjacent strips, streets, roads, alleys and rights -of -way, public or private, open or proposed, land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining the Land, to the centerline thereof; (iii) all easements, appurtenance, tenements, privileges, and hereditaments; and (iv) all access, air, water, riparian, development, utility, and solar rights (the Land, the Improvements .and all such rights in such easements and appurtenances are collectively referred to as the "Real Property"). 3. Intangible P=crty. Seller's interest, if any, in and to all intangible personal property (collectively, the "Intangible Property") pertaining to the Real Property including, without limitation, the following, if any: (a) all governmental agreements, licenses, approvals, authorizations, development rights and obligations relating to the Land and the Improvements to the extent assignable; (b) all drawings, plans, specifications, surveys and manuals, and warranties; and (c) all guaranties and warranties in effect with respect to any portion of the Real Property or Intangible Property. For purposes of clarity, the Parties acknowledge and agree that Intangible Property does not include any intellectual property {whether or not patented), including without limitation, patents, patent applications, know-how, trade secrets, copyrights, trademarks, designs, concepts, technical information, manuals, standard operating procedures, instrtictions or specifications related to any of the Products and nothing in this Agreement shall be construed to convey any ownership, license or other rights in such intellectual property. 4. Contracts. Seller'.s rights and obligations under the contracts, agreements, purchase orders. instruments, undertakings, commitments and understandings relating to the operation and maintenance of the Facility, including, without limitation, that certain Manufacturing Services Agreement dated December 6, 2013 between Seller and Taro Pharmaceuticals Noah America, Inc. (collectively, the "Contracts"). Subject to Article 3 below, the assignment and assumption of rights and obligations under the Contracts pursuant to this Section 2.1.4 shall not include any claims by the counterp ulics to such Contracts for monies Schedule A -I owed or breach by Seller thereunder that accrue prior to the Closing Date, and Seller shall retain and remain responsible for liabilities for such third party claims under the Contracts which accrued prior to the Closing Date. S. Equipment. The equipment and furnishings used in connection with the Facility (collectively, the "Equipment"). Buyer acknowledges and agrees that Seller does not convey, and Buyer shall have no rights, title or interests in or to, any of the equipment described in Schedule 2.2 as an Excluded Asset. 6. Permits. Seller's rights in all permits, licenses, registrations, certificates, consents, orders, notices, approvals or similar rights from any governmental authority that are necessary to the operation of. the Facility (collectively, the "Permits"), to the extent assignable or transferable. To the extent not assignable or transferable, Seller will provide, at no cost to Seller, such assistance as Buyer may reasonably request in Buyer's efforts to obtain comparable Permits. Books and Records. (a) The records, manuals, documents, manual and computer spreadsheets, material safety data sheets, studies, and reports relating to the use, maintenance and/or operation of the Facility, originals or copies of which have been made available to Buyer prior to the Effective Date. if Buyer identifies a need in the Facility for documents, books or records of the Facility that are not included in the foregoing files or archives, Seller shall, on the receipt of Buyer's Written request, make reasonable efforts to locate such documents, books or records, and Buyer shall reimburse Seller for Seller's costs in doing so. (b) Records of the Facility in the form of computerized data shall be delivered by delivering copies thereof electronically or on transportable media. Where computerized data are commingled with other data, Bttyer shall be entitled to have reasonable access to such commingled data by way of extracts created therefrom at its cost. (c) With respect to any books and other written records containing information that is relevant both to the Facility and to other facilities or businesses conducted by Seller or its Affiliates, Seller shall, if not otherwise specifically provided herein, use reasonable efforts to make extracts therefrom and provide access on the same terms provided herein for computerized data or, at Seller's option, Seller may deliver such books and records to Buyer, retaining such copies as it may determine, and Buyer shall provide Seller with access to such books and records on the same terms. 8. Systems. tems. Seller's rights, title and interest in the current hardware, software, databases, systems and other information technology (including all rights under any Contracts with respect to any of the foregoing) that are exclusively used in the operation of the Facility. to the extent transferable under the Contracts applicable thereto, including, without limitation, the existing ERP system (collectively, the "Systems"). EXHIBIT A �;s � ��' � F ,���� 11 L' ��3 �~ ? ,� 4 ��` ` • �,�` � ;1 „�2. ,.'� , V� � BEING ALL THAT CERTAIN PARCEL OF LAND LOCATED IN LINCOLNTON TOWNSHIP. LINCOLN COUNTY, NC, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN ACCORDANCE WITH AN ACTUAL SURVEY PREPARED Be W. BRADLEY FREEMAN, REGISTED LAND SURVEYOR DATED AUGUST 4, 1994 AND UPDATED ON APRIL 24, 2014 AS FOLLOWS BEGINNING AT A RAILROAD SPIKE SET AT THE immRSECTION DF S.R. 12J6 AND S.R. 1554; THENCE 19 CALLS WITH THE CENTERLINE OF S.R. 1554 AS FOLLOWS ; 5 07-34-22 E 198.76' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE S. 13-00-48 E 683.12' TO A PK NAIL SET CENTERLINE OF ROAD, THENCE 5 /0-19-08 E 35.72' TO A MAG NAIL SET CENTERLINE OF ROAD,- THENCE S 03-30—JO E 32.00' TO A MAC NAIL SET CENTERLINE OF ROAD,' THENCE S 11-49-45 W 35.16' TO A MAC NAIL SET CENTERLINE OF ROAD; THENCE S 31-22-41 W 28,71 ' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE S 5 1 — I I-14 W J6.00' TO A MAG NAIL SET CENTERLINE OF ROAN THENCE 5 70—J6-06 W 55,79' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE"S 85-58-17 W 53.62' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE N 84-19-49 W 54.45' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE N 76-5B-19 W 15J.17' TO A MAG NAIL SET CENTERLINE OF AVAD; THENCE N 70-29-58 W 43.00' TO A MAG NAIL SET CENTERLINE OF ROAp THENCE N 49-01-25 W 52.42' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE N 24-28-13 W 92.06' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE N 2I-41-46 W 495,83' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE H 19-45-28 W 160.00' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE N 17-4J-3B W 109.66' TO A AIAG NAIL SET CENTERUNE OF ROAD; THENCE N 14-19-30 W 52.07' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE N 12-22-48 W 1J5.6J' TO A RAILROAD SPIKE FOUND 3.5' NORTHWEST OF CENTERLINE INTERSECTION OF S.I. 1554 AND S.R. 1764. THENCE WITH S.R. 1764, N 68-46-22 E 493.37' TO A RAILROAO SPIKE FOUND 3.5' NORTHWEST OF THE CENTERLINE INTERSECTION OF S.R. 1764 AND S.R. 1236. THENCE 2 CALLS WITH THE CENTERLINE OF S.R 12J6 ; S 29-54-41 E 140.96' TO A MAG NAIL SET CENTERLINE OF ROAD; THENCE S 54-06-01 E 1D5.22' TO THE POINT OF BEGINNING, CONTAINING 1J.575 ACRES. - Akjr-�WA/ rw NCDENR Nq CARq M-E4T a E—.R .EH —w NMtfE'L Rl3 .cC] Division of Energy, Mineral & Land Resources Land Quality SectionlStormwater Permitting National Pollutant Discharge Elimination System PERMIT NAMEIOWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Day N? I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G S 0 11. Permit status prior to requested change. N N C G E 0 6 3 2 a. Permit issued to (company name): Actavis Mid Atlantic LLC b. Person legally responsible for permit: Gregory RPOEIVED JUL 0 3 2014 DENR-LAND QUALITY STORMWATER PERMITTING c. Facility name (discharge): d. Facility address: e. Facility contact person: Sherwood First Ml Last General Manager Title 1877 Kawai Road Permit Holder Mailing Address Lincolnton NC 28092 City State Zip (704) 276-7009 (704) 735-3327 Phone Fax Actavis Mid Atlantic LLC 1877 Kawai Road Address Lincolnton NC 28092 City State Zip Sabrina Pittillo (704) 276-71.30 First 1 MI 1 Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: d. Facility name (discharge): e. Facility address: f. Facility contact person: G&W NC Laboratories, 1-1 C Gre or ' Sherwood First Ml Last General Manager `title 1877 Kawai Road Permit !Molder Mailing Address Lincolnton NC 28092 City State Zip (704) 276-7009 gsherwood rr gwlabs.cotn Phone F-mail Address G&W NC Laboratories, LLC 1877 Kawai Road Address Lincolnton NC 28092 City State Zip Sabrina Pittillo First Ml Last (704) 276-7130 spittillo cr gwlabs.cotn Phone E-mail Address Revised Jan. 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM _• - Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Sabrina Pittillo First Ml Last Environment. Health and Safety Manager Title 1877 Kawai Road Mailing Address Lincolnton NC 28092 Citv state Zip (704) 276-7130 spittillo@,-wlabs.com Phone ]E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change. and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Gregory Sherwood, attest that this application for a narne/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. �,- '2, Signature Date APPLICANT CERTIFICATION I, Gregory Sherwood, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. 1/0 C> 7 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy. Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27. 2014 A�� w�- NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Sabrina Pittillo G&W NC Laboratories, LLC 1877 Kawai Road Lincolnton, N.C. 28092 Dear Ms. Pittillo: John E. Skvarla, ill Secretary July 18, 2014 Subject: Name/Ownership Change Request No Exposure Certification NCGNE0632 G&W NC Laboratories, LLC Formerly Actavis Mid Atlantic LLC Lincoln County The Division has reviewed your submittal of the permit name/ownership change form for the subject No -Exposure Certification, which we received on July 3, 2014. Division personnel have reviewed and approved your request to transfer the exclusion from NPDES stormwater permitting requirements. Please note that by our original acceptance of the No -Exposure Certification and by our approval of your request to transfer it, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for the no - exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un- permitted discharge. Annual re -certification is required, and we have enclosed one blank Annual No Exposure Exclusion Self Re -Certification form for your use. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:llportal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 807-6300. Sincerely, ORIGINAL SIGNED BY BETHANY GEORGOULIAS for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Mooresville Regional Office, Z. Khan Stormwater Permitting Program Files Central Files BEA ±0 RCDENR *bRni G�O�iH� ocr.aarMeNr or eMnnouMc�ar .no Ncw.� rMsou�+cea Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Day Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage 11. Permit status prior to requested change. a. Permit issued to (company name): b. Person legally responsible for permit: RPCEIVED JUL 0 3 2014 N N C G >✓ 0 b 3 2 Actavis Mid Atlantic LLC Gregory Sherwood First M1 last General Manager` Title 1877 Kawai Road Permit Holder Mailing Address gENR-LAND QUALITY STORMWATER PERMITTING Lincointon NC 28092 City State Zip (704) 276-7009 (704) 735-3327 _ Phone Fax c. Facility name (discharge): Actavis Mid Atlantic LLC d. Facility address: 1877 Kawai Road Address Lincointon NC 28092 City State Zip e. Facility contact person: Sabrina Pittillo (704) 276-7130 First / MI 1 Last Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): G&W NC Laboratories, LLC c. Person legally responsible for permit: Gregory Sherwood , First MI Last General Manager Title 1877 Kawai Road Permit Holder Mailing Address Lincointon NC 28092 City State Zip (704) 276-7009 gsherwood@)? wlabs.com Phone E-mail Address d. Facility name (discharge): G&W NC Laboratories, LLC e. Facility address: 1877 Kawai Road Address Lincolnton NC 28092 City State Zip f. Facility contact person: Sabrina Pittillo First Ml Last (704) 276-7130 spittillo(a-,)gwlabs.com Phone E-mail Address Revised Jan. 27, 2014 • NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Sabrina Pittillo First Ml Last Environment, Health and Safety Manager Title 1877 Kawai Road Mailing Address Lincolnton NC 28092 City State Zip 704276-7130 s ittillo ,wlabs.com Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior V. to this ownership or name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Gregory Sherwood, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. ,g,-2, ?loto Signature Date APPLICANT CERTIFICATION 1, Gregory Sherwood, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all requir d supporting information is not included, this application package will be returned as incomplete. d 7 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 No Exposure Certification Questions Permit No.: NCG NCSO NCGNE O(t3Z Facility Name: %f- VJ LAS&-APr-o1449_S WC - AKA Permit Effective; NA Discharges to: Inspection Date: 1121ZO114 Inspection Type CEI CSI Complaint Other Inspector(s): Agency: MRO MCWQP - . Entry Time: �,3J Facility Contact (s) S�Ba "�� p`z-rtit4a Exit Time Work Days Facility Status: Compliant Non -Compliant Neither I?EQuC.'Jr FRom ComfA-41 Foa £r-,Suh?z l�m[�Au`� {Z�cC�(`fn`+ �iXLCrEf�Sgp. AFmbZ eAQ5, NAME CfA A,4 C r 5nL S Page 1 of 3 Rev. 1, 6109 No Exposure Certification Questions If you answer "Yes" to any of these questions the facility is not eligible for No Exposure (or for question #10 might not be ell ible) Yes No I NA 1. Does the facility/site use, store, or clean industrial machinery or equipment and are those areas, where residuals from using, storing, or cleaning industrial machinery or equipment remain exposed to ❑ V ❑ stormwater? 2. Is there any evidence of materials or residuals on the ground or in stormwater inlets from spills or ❑ 9- ❑ leaks? 3. Is there any evidence of materials, residuals, or products from past industrial activity (past sources of ❑ 'p, ❑ contamination that have remained on site which could cause a condition of exposure)? 4. Are any materials or final products (including improperly maintained material handling equipment, transformers, cooling towers, and air compressors) exposed to precipitation during material handling, loadinglunload ing, or transporting activities, now or in the foreseeable future? [The containers, racks, ❑ 10 ❑ and other transport platforms (e.g., wooden eats) used for the storage or conveyance of these final products can also be stored outside, providing the containers, racks, and platforms are pollutant -free]. ' 5. Are any materials or products contained in open, deteriorated or leaking storage drums, barrels, ❑ 9 ❑ tanks, and similar containers exposed to precipitation, now or in the foreseeable future? 6. Are any materials or products exposed to precipitation handled or stored on roads or railways owned ❑ ;4 ❑ or maintained by the discharger? 7. Is any waste material (except waste in covered, non -leaking containers, e.g., dumpsters) ❑ U�S- ❑ exposed to precipitation, now or in the foreseeable future? 8. Is there application or disposal of process wastewater (unless otherwise permitted) exposed to ❑ �4 ❑ precipitation, now or in the foreseeable future? 9. Is there particulate matter or visible deposits of residuals from roof stacks/vents not otherwise ❑ ❑ regulated, i.e., under an air quality control permit, exposed to precipitation? 10. Does the facility have an Emissions permit with the Division of Air Quality? What pollutants does it ❑ �d{ I� 11 cover? Does the facility file a TRI report? What chemicals are released? Comments: Page 2 of 3 Rev. 1, 6109 No Exposure Certification Questions If you answer "No" to any of these questions the facility is not eligible for No Exposure Yes No NA 11. Are drums, barrels, tanks, and similar containers exposed to precipitation labeled, tightly sealed, in ❑ ❑ good condition, free of leaks and any deterioration, and properly stored? 12. Are materials stored in original containers with original labels? [f ❑ ❑ 13. Are incompatible materials stored separately? [� ❑ ❑ 14. Do drums, barrels, tanks, and similar containers exposed to precipitation meet DOT specifications, Rl- ❑ ❑ including compatibility? 15. If empty containers that previously contained materials are exposed to precipitation are they properly stored (i.e., closed and stored upside down to prevent precipitation from accumulating on top of Z ❑ ❑ the drums around the bung)? 16. For facilities or sites with exterior ASTs and drums, barrels, tanks, and similar containers stored ❑ 9 ❑ outside., has the facility been free of any releases in the past 3 years? 17. Is the storage area secured to prevent unauthorized entrances? ❑ ❑ ❑ 18. Are exterior ASTs physically separated from and not associated with vehicle maintenance?] ❑ ,� 19. Are piping, flanges, valves, pumps or other equipment exposed to precipitation free of any evidence 0 ❑ ❑ of leaks and spills? 20. Are exterior ASTs and piping exposed to precipitation protected from traffic lanes to minimize ❑ ❑ exposure? 21. Are exterior AST coatings free of signs of bubbled, cracked, damaged, or weathered coating? ❑ ❑ 22. Are exterior ASTs or piping/supports free of rust, pits or deterioration or evidence of leaks? ❑ ❑ 23. Are exterior AST leak detection systems operating properly? ❑ ❑ 24. Are exterior AST capacity indicating equipment operating properly? ❑ ❑ 25. Is secondary containment provided for all exterior ASTs? Is secondary containment free of any ❑ ❑ cracks, holes, or evidence of leaks? 26. is exterior AST secondary containment enclosure free of accumulated water? ' ❑ ❑ 27. Are exterior AST secondary containment drain valves maintained locked shut? ❑ ❑ 28. Are drain logs being maintained for all exterior AST secondary containment? 0 ❑ 29. Are spill kits available and adequate? ❑ ❑ 30. For facilities or sites with exterior ASTs and drums, barrels, tanks, and similar containers stored outside, has the facility developed and implemented an SPCC plan, an inspection and maintenance 2r ❑ ❑ program, material handling procedures, and site specific loading and unloading procedures? 31, For facilities or sites with ASTs and drums, barrels, tanks, and similar containers stored outside, has the facility developed and implemented an employee training program addressing spill prevention control ❑ ❑ and countermeasures, inspection and maintenance, material handling procedures, and site specific loading and unloading procedures? Comments: 1L. -SitvE Fxo,,,. -WcnnS SVWzc'n Hors{(.)c WtfH -k U'A.' NG': h� Q���y �rt14atlb�. �nti� CZl1P1►. lay ccr.�x�r ; kborr06b. (0-5r IIF t-L) 1r�u tcl - W w, SLvocle TANK OU Fwwc:�j - Ci�ati�-n 'r� • 1�o;rF+��� Drlurvt 7ro¢AL)6 kjrW +�-j�T! S�ro.-nr��y STVZ'GE: Page 3 of 3 ,I Rev, 1, 6109 CG LABORATORIES, INC. June 16, 2014 TO WHOM IT MAY CONCERN 1877 Kawai Road, Lincolnton, North Carolina 28092 sw . Telephone: 704-735-5700 Facsimile: 704-735-3327 www.gwlabs.com NC CEPlr� V-F EN'/5r'©F? "!FNT AND JUN 1 8 2014 DIVISION OF AIR QUtiiL1,TY I would like to inform you that on June 13, 2014, G&W Laboratories, Inc. announced that it had completed the acquisition of Actavis Mid Atlantic LLC in Lincolnton, North Carolina. Our company will be headquartered in South Plainfield, New Jersey. The combination of our businesses will occur over time and we are working hard to fully integrate our operations and functions as rapidly as possible. At this time, there are no changes in contacts at our site for the North Carolina Department of Environment and Natural Resources, Mooresville Regional Office related issues. Our systems remain in place as they were before the acquisition; there are no changes in current procedures and practices. We are committed to keeping you informed about the integration progresses and we expect a smooth transition due to our extensive integration planning. If you have any questions or concerns, please contact me at 704-276-7130. Sincerely, Sabrina Pittillo Environment, Health and Safety Manager CC' Greg Sherwood LL n Co(h C_a . North Beverly Eaves Perdue Governor �.� ®gip NCDENR Carolina Department of Environment and Division of Water Quality Coleen H. Sullins Director September 9, 2009 Mr. Greg Sherwood, Managing Director Actavis Mid Atlantic, LLC 1877 Kawai Road Lincolnton, NC 28092 Natural Resources Subject: No -Exposure Certification NCGNE0632 Actavis Mid Atlantic, LLC Lincoln County Dear Mr. Sherwood: Dee Freeman Secretary The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form. Based on your submittal and signed certification of no exposure at the above referenced facility and a site visit conducted on September 4, 2009, by Mr. Michael Parker with this Office, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no -exposure certification, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no -exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no - exposure exclusion expires in five years (September 4, 2014). At that time you must re -certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Mr. Michael Parker at (704) 663-1699, or at Michael. Parker@ncdenr.gov. Sincerely, for Coleen H, Sullins cc: Mooresville Regional Office Stormwater Permitting Unit, No -Exposure Files Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCaj-ol Ina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 L FAXT 919-807-64941 Customer Service: 1-877-623-6748 Natul"hily Internet: www.ncwalerquality.org An Equal Opportunity 1Affirmalive Acfon Employer yWto ✓5Y A &r QW]VA NCDEN'R 4-- . CAft u . Cvrw,Mer or F1Mi4HM*+R "m H+ . Fb-'0JAcra Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion NCGNE0000 NO EXPOSURE CERTIFICATION FOR AGONCY USE ONLY Date Received Year I Month I Day ificateof overage N G N is Please check here if this is a renewal: ❑ R National Pollutant Discharge Elimination System application for exclusion from a Stormwater Perm on NO EXPOSURE: Submission of this No Exposure Certification constitutes notification that your facility does not regkr•%a permit for stormwater discharges associated with industrial activity in the State of North Carolina b , se it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means industrial materials and activities are protected by a storm resistant shelter (with some exceptions) prevent exposure to rain, snow, snowmelt, and/or runoff. For permitted facilities in North Carolina, DWQ must approve your application for No Exposure Certification before this exclusion is effective. Until you are issued a No Exposure Certification and your NPDES permit is rescinded, your facility must continue to abide by the terms and conditions of the current permit. Industrial materials or activities include, but are not limited to: material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means banded or otherwise secured and with locked or non -operational taps or valves; adequately maintained vehicles used in material handling; and final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual outfalls. If any industrial activities or materials are, or will be, exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you certify that a condition of no exposure exists at this facility or site and are obligated to comply with the terms and conditions of 40 CFR 122.26(g). You are required to reapply for the No Exposure Exclusion once every five (5) years. For questions, please contact the DWQ Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of owner/operator (address to which all certification correspondence will be mailed): Name Actavis [did Atlantic L Contact Sabrina Pittillo Street Address 1877 Kawai Road g,�a,, ra.:.4 City Lincolnton State NC ZIP Code- 28092 Telephone No. (704) 276-71 30 Fax: (704) 735=3327 . SEP - 3 2009 Page 1 of 7 SW U-NE-021309 Last revised; )i k609 '"i�? Fes. - r• .• 'l,T i. q NCGNEOOOO No Exposure Certification 2) Location of facility producing discharge: Facility Name Act_avis Mid Atlantic LLC Facility Contact Sabrina Pittillo Street Address City County Telephone No. 1877 Kawai Road Lincolnton State LTc ZIP Code 2ROc)2~ _ Lincoln (704) '276-71 30 Fax: (704) 735-3377 _ 3) Physical location information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and VLance and directi n from a roadw y intersection). Travel on Hwy 1 50 West from inclnton �IC, turn eft onto Riverview Rd and right onto Kawai (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes 5) is this a Federal facility? ❑ Yes X No 6) Latitude Longitude 0 No (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility ❑ Existing Date operation is to begin Date operation began IX Renewal of existing No Exposure Certification Certification No.: NCGNE Category xi Exemption 8) Was this facility or site ever covered under an NPDES Stormwatter Permit? ❑ Yes ❑ No If yes, what is the NPDES Permit Number? NCG060086 --ern td ^ Lid 9) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 2 8 3 4 10) Provide a brief description of the types of industrial activities and products produced at this facility: Production of semi solid and liquid 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? IX No 0 Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 5WU-NE-021309 Last revised 211312009 NCGNE0000 No Exposure Certification Exposure Checklists (12. - 14.) 12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? (Please check either "Yes" or "No.") It you answer "Yes" to any of these items, you are not eligible for the no exposure exclusion. a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes q No ❑ NIA residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater b. Materials or residuals on the ground or in stormwater inlets from spills/leaks c. Materials or products from past industrial activity d. Material handling equipment (except adequately maintained vehicles) e. Materials or products during loading/unloading or transporting activities f. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where exposure to stormwater does not result in the discharge of pollutants) g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by the discharger ❑ Yes Z No ❑ NIA ❑ Yes l No ❑ NIA ❑ Yes No ❑ NIA ❑ Yes 1No El N/A Cl Yes No ❑ NIA ❑ Yes g No ❑ NIA ❑ Yes _4 No ❑ NIA i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes 7 No ❑ NIA j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes K7 No ❑ NIA k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes k No ❑ NIA otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow I. Empty containers that previously contained materials that are not properly stored ❑ Yes {7 No ❑ NIA (i.e., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes] No ❑ NIA stored outside, has the facility had any releases in the past three (3) years? 13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. a. Are exterior ASTs or piping free of rust, damaged or weathered coating, pits, or IX Yes ❑ No ❑ NIA deterioration, or evidence of leaks? b. Is secondary containment provided for ail exterior ASTs? If so, is it free of any ER Yes ❑ No ❑ NIA cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SWU-NE-021309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification 14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. a. Is secondary containment provided for single above ground storage containers E Yes ❑ No ❑ NIA (including drums, barrels, etc.) with a capacity of more than 660-gallons? b. Is secondary containment provided for above ground storage containers stored ❑ Yes ❑ No CR NIA in close proximity to each other with a combined capacity of more than 1,320- gallons? c. Is secondary containment provided for Title III Section 313 Superfund ❑ Yes ❑ No �j NIA Amendments and Reauthorization Act (SARA) water priority chemicals'? d. Is secondary containment provided for hazardous substances" designated in 40 ❑ Yes ❑ No R NIA CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No ❑ NIA Containment structures discharge to an onsite waste water treatment system permitted by the City of Lincolnton 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes CXNo ❑ NIA b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes 57 No ❑ NIA generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste CR Yes ❑ No ❑ NIA generated per month) of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: D001 , D002, Misc Lab Pack Chemicals How is material stored: Storage drums, containers Where is material stored: Inside storage location How many disposal shipments per year: about 6 Name of transport 1 disposal vendor: AES, Inc . Vendoraddress: 9741—I Southern Pine Blvd, Charlotte, NC 28273 Footnotes to Questions 14) c. & d. 'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR §372.38. '"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR §117.3. Page 4 of 7 SWU-NE-021309 Last revised 2/1312009 NCGNE0000 No Exposure Certification 16) Other information: If you answer "Yes" to any of the following items, you might not be eligible for the no exposure exclusion. A more in-depth evaluation of the site circumstances may be required. a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes M No ❑ NIA b. Does your facility have coal piles on site? c. Does your facility store other fuel sources outside in piles, such as wood chips, sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., degreasing operations, plating, painting and metal finishing)? If so, describe the - industrial activity: e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? Please specify: f. Please list any other environmental program permits (federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: Waste Water Treatment; Program: CityofLincolnton Permit: Program: Permit: Program: Permit: Program: Permit: Program : Permit: Program: Permit: Program: ❑Yes No ❑NIA ❑ Yes No ❑ NIA El Yes RNo ❑NIA ❑ Yes ❑ No IR NIA Page 5 of 7 SWU-NE-021309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification 17) Certification: I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an exclusion from NPDES stormwater permitting. I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure certification form once every five (5) years to the North Carolina Division of Water Quality and, if requested, to the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage 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. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Greg Sherwood Title: Managing -Director (Signature of Applicant) n � (Date Signeol Please note: This application for the No Exposure Exclusion is subject to approval by the NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for compliance with no exposure conditions prior to that approval. The Regional Office may also inspect your facility at any time in the future for compliance with the No Exposure Exclusion. North Carolina General Statute 143-215.6 B(i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management) Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). There is currently no fee for a No Exposure Exclusion. Page 6 of 7 SWU-NE-021309 Last revised 2/13/2009 1877 Kawai Road, Lincolnton, NC 28092 - Google Maps 'Google- maps Address 1877 Kawai Rd Lincolnton, NC 28092 Get Google Maps on your phone A/ Tent the word "GMAPS" to 466453 "�407 \\ J�__I Be>sy I/ 129T 1228 Ross Park od O Q F 1257 1 a - l \21 150 12" \.r 1222 � Q r, 0 c 1298 Lx 321 I'1 150/ l �a� 1424 tf jul as 1222 1407 / 150 tlap �e'.4o you hTnrR R� 1243 14471236 321 a' jV 4 A � 1554 P �.°r 1243 1242 Wr ^,t:ar,r• 6 1244 Souttt FnA �/ n IE 1Z52 caiawr,aRiver �i 1176 � p �r s OS'� Long,Shaal'S r f �{ uL�fo2009 Google Map data`02009 TeleiA[raTt iTerm 15_ e_ r_. T_ Page 1 of 1 littp://maps.google.com/maps?l'=q&source=s_q&h1=en&geocode=&q=1877+Kawai+Road,+Lincol nton,+ 6/17/2009 f (0'ea-ctavis creating value in pharmaceuticals August 14, 2009 Division of Water Quality Mooresville Regional Office 610 Center Ave Mooresville, NC 28115 Dear Sirs; Actavis Mid Atlantic LLC is in the process of expanding our facility due to changing and increasing production needs. To assure that we maintain compliance with the North Carolina Stormwater rules, we have undergone a review of our Category xi Exemption for Stormwater Permitting. From a review of these changes we believe that we are still eligible for the exemption to stormwater permitting. However, it is unclear as to whether the Category xi Exemption is still in effect or if a No Exposure Certification is called for, hence this correspondence. Our exterior tanks are either double walled with secondary containment that discharges to our wastewater treatment system, permitted by the City of Lincolnton, or enclosed in secondary housing as in the case of our emergency generator (previously assessed by the Air Quality Division as not requiring an air permit). Our empty drums are triple rinsed before being stored upside down outside our building. We have a boom lift which is currently stored outside under cover with the intention of securing housing at a later time. We have included a No Exposure Certification to request continued exemption from the stormwater permitting rules. In the event you have questions regarding the attached No Exposure Certification, please contact Sabrina Pittillo at 704-276-7130 or myself at 704- 276-7009. Thank you in advance for your assistance in helping Actavis Mid Atlantic LLC maintain compliance with regulatory matters. Best Re aids, Greg Sherwood I (�o � �-6 010, Actavis Mid Atlantic LLC j 1877 Kawai Road Lincolnton, NC 28092 USA t 704 735 5700 f 704 735 3030 www.actavis.com