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HomeMy WebLinkAboutNC0021971_owner name change_19990422State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 22, 1999 Ms. Barbara Castleberry TransMontaigne Terminating, Inc. 200 Mansell Court East, Suite 600 Roswell, Georgia 30076 kTW*AW'A S 0 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject NPDES Permit Modification - Ownership Change Permit NCO021971 - Paw Creek Terminal (formerly Louis Dreyfus Energy) Mecklenburg County Dear Ms. Castleberry: In accordance with your request received March 11, 1999, the Division is forwarding the subject permit modification. The changes in this permit regard ownership of the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at the telephone number or address listed below. Sincerely, �e T. Stevens cc: Central Files Mooresville Regional Office, Water Quality Section NPDES Unit Point Source Compliance Enforcement Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.slate.nc.us Permit NCO021971 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, TransMontaigne Terminaling, Inc. is hereby authorized to discharge wastewater from a facility located at the Paw Creek Terminal 7401 Old Mount Holly Road Paw Creek Mecklenburg County to receiving waters designated as an unnamed tributary to Paw Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective April 22, 1999. This permit and authorization to discharge shall expire at midnight on August 31, 2001. Signed this day April 22, 1999. err T. Stevens, Director' Division of Water Quality By Authority of the Environmental Management Commission Permit NCO021971 SUPPLEMENT TO PERMIT COVER SHEET TransMontaigne Terminaling, Inc., is hereby authorized to: 1. Continue to discharge stormwater & wastewater from the following collection systems: ♦ Two oil / water separators connected in series with an oil storage tank ♦ The stormwater dikes which feed outfall 009 This facility is located at the Paw Creek Terminal (7401 Old Mount Holly Road) near Charlotte in Mecklenburg County. 2. Discharge at the location specified on the attached maps into as an unnamed tributary to Paw Creek, classified C waters in the Catawba River Basin. Longimd : 82055'5 N C O O 219 71 Facility I.ongimde: 8235'S2" Quad# F15SW Location Receiving Swam: UT Paw Creek Sneam doss: c TransMontaigne Subboin: 30834 Terminaling, Inc. / F SCALE 1:24000 m 00 6/110uAIDtJp� 2E^4EG �7roN IJlsc��-2hE d4n"' v rce /0 O O O oat I I 11 I 119 / 41�" 1, i4 I �� j117 119 rl --- A/ A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0021971 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater/wastewater from outfall(s) serial number 009. Such discharges shall be limited and monitored by the Permittee as specified below: 1sfl7ucnt Characteristics Discharge Limitations-- Monitoring Requirements Measurement Monthly Avg Weekly Avg. Daily Max. Frequency Sample TVpt Sample Location Flow l h lonthl Y l Effluent Total Suspended Solids 45.0 mg/1 Monthly Grab Effluent Oil and Greasez Monthly Grab Effluent Benzene 71.4 ug/I hfonthly Grab Effluent Toluene I1.0 ug/1 Monthly Grab Effluent Ethyl benzene 325.0 ug/I lvlonthly Grab Effluent Xyleue Semi-annually Grab Effluent EPA Methods 624/625 Sena -annually Grab Effluent Acute Toxicity3 Annually3 Grab Effluent Footnotes: l Where no measurable discharge occurs, "no discharge" should be clearly noted on the submitted monthly discharge monitoring report. Flow ma be monito d ' f f y re in one o our ways. a) Measure flow continuously, b) Calculate flow based on the area draining to the outfall, the built upon area, and the total rainfall, (this method of flow measurement should not be used at facilities that have large ponds to collect surface water runoff), c) Estimate by flow measurement at 20 minute intervals during the entire discharge event, or d) Base flow on pump logs. Where possible, the grab sample for oil and grease should be skiuuned from the surface of a quiescent (calm water) zone. Acute Toxicity (Fathead Minnow, 24-hour) Monitoring, Annual, See Part III, Condition E. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no direct discharge of tank solids, tank bottom water, or the rag layer. There shall be no direct discharge of tank contents following hydrostatic testing unless benzene concentration is less than 71.4 ug/1 and toluene concentration is less than 11 ug/1. Part III NPDES No. NCO021971 E. ACUTE TOXICITY MONITORING (ANNUAL) The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Rd. Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test. Failure to submit suitable test results will constitute noncompliance with monitoring requirements. AAM Fathead 24 Version 3196 0sill%09 09:01 FAX 770 518 9510 State of North Carolina Department of Environment and Natural Resources plvlsio0 of Water Quality Jame58. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Pre9ton Howard, Jr., P.E., Directs 1. IL TRANSHONTAIGNE WATER QUALM SEMOA Number. NC r o / o /--2J i /- / -!/- Permit holder's nnute; Louis ➢rav£us Et>aygy_ cnnthPa cr Terminal Mecklenburg County Permit's signing official's name and tide: Orego Poudd (Per�vn legally tespoanbla or permit) Vice President (Title) 200 Mansell Court East Mailing addroa:, Suit j^g.._ City- Ro LEI 30076 770 518-3707 State: GA %p Code Ptnne ( T This request for a tare change is a reWt Of, _a. Change in 0-menhip of property/company Name change only other (please explain) 2. New owners name (name to be put « permit) SransMontail3ae Tensinaling IuC. 3- htev. owner's or signtng ojSdal's name and tfde' (Parson legally rOTQmibl- for Pmvs) ymviromnental Coordlastor (Title) I 200 lsansell Cmwt East City; Ilosveu 4. Mailing address Suite 600 I State; GA Zip Code:., 30076 Phuo( 774S1S-3671 P.O. B% 29535, Plaitigh, NONh Clrof'r`4' 7ti2rrOS1S 50% TMe�ead 1 1 eavumuTpape 34719 An Equal Oovotn+mlq AfNma9vo "m EmploYW Z 007 03/11/99 09:00 FAX 770 518 3510 TRANSHONTAIGNE 16004 � - , • ;'e ' Y�BSr^D HAi�IGE Fl?I�M ItWA PLICATIONPAcKAGRWILL NOT'BEACCMEDBYTHE D"ION OFwATE&QVALtrY UNLESi ALL OF THE APPLICABLE M MS USTED BELOW ACE INC7.UDEO WITH THE SVBNUrrAL 1. Z7tis completed application 2. pZmessing fee of $100.00 (Checks to be made payable to DENR) documentation of the transfer of ownersWp (such as a contract, deed, articles of 3. Legal I the current permit holder and the Cettifjcation m� ustbe completed and f signed rship. l ������pppppp of ownershi .For name change only, complete and new plicant in the case of Change P sign t�e application certification. permitteeia Certification: change has been reviewed h namel�ownership car MY V4-10wledge. I uunderOand that if all requ comp eted and that if all required supporter included, this application package will be re _ attest that this application for td is and complete to the best of parts of this application are not ,information and attachments are not rnedas incomplete. Date: 12/8/98 >�yarbara Castleberry attest that this application for a L has beett reviewed and is accurate and complete to the best of namg/ownership Change my 1prwledge. I understand that s all supporting d Part3 inflt'o and attachments az tnot completed �'Y�t that if all required supporting " as incomplete. . 1 • ..ti.J ��..Iir�Hnn o.ek,£e Will be mu'ed Date' 12/8.� /98 COMPLETED APPLICATION PACKAGE, fl�CT UDLNG ALL SUPPORTING )R1vtATION & MATERIALS, 511OULD BE SENT TO THE FOLLOWING ADDDRFSS: NC DENR, Division of Water Quality NPDES Unit p. O. Box 29535 Raleigh, North Carolina 2.7626-0535 wrrion 9A7 03/11/99 09:01 FAX 770 518 9510 TRANS101MIGNE Z 008 EXECUTION COPY STOCK FURCBA.SE AGREEMENT dated as of September 13, 1998, between Louis Dreyfus Corporation, a New York corporation ("Seller"), and TransMontaigne Inc., a Delaware corporation ("Buyer"). Buyer desires to purchase from Seller, and Seller desires to sell to Buyer, all the issued and outstanding shares of Common Stock, par value $1.00 per share (the "Shames"), of Louis Dreyfus Energy Corp., a Delaware corporation and wholly owned subsidiary of Seller (the "Company", which term shall, prior to the Closing (me defined in Section 2(a)(ii)), unless the context otherwise requires, include all subsidiaries of the Company). Accordingly, Seller and Buyer hereby agree as follows: SECTION 1_ PurChage and Rale of the Share Faccluded Assets- Retained Liabilities (a) Purchase and Sale. On the terms and subject to the conditions of this Agreement, Seller shall sell, transfer and deliver or cause to be sold, transferred and delivered to Buyer, and Buyer shall purchase from Seller, the Shares for a purchase price (the "Purchase Price") of $161,000,000, consisting of (A) 4,500,000 shares (subject to decrease as set forth in Section 2(a)(ii), the "Buyer Shares") of Common stock, par value $.01 per share (the "Buyer Common Stock"), of Buyer and (S) $100,565,000 payable in immediately available funds (subject to increase as set forth in 'Section 2(a)(iii), the "Cash Component"). In addition, Buyer shall pay Seller in immediately available funds an amount equal to the amount of Closing Net, Working Capital (as defined in Section 2(b)(iii)) of the Company. All paymants and deliveries shall be made as set forth in Section 2(a)(i). (b) Excluded Assets At the Closing, the Company shall continue to own all assets presently owned by the company that are used, held for use or intended to be used primarily in, or necessary for the conduct of, the current Business (as defined below) of the Company, other than assets sold in the ordinary course of business. Unless otherwise agreed by the parties as contemplated by Section 8A, from and after the Closing, the Company shall not continue to own (A) any assets relating to (I) the Company's Wilton, Connecticut -based petroleum trading operation or (II) certain real estate parcels located in Wilmington, Delaware, Norwich, Connecticut and Allentown, Pennsylvania and M) any stock in any subsidiary of the [NYCC"P3e664863.7:4732D:D9/13/9$--4 :2$p] 05/11/99 09:02 FAX 770 518 9510 TRANSRONTAIGNE la 009 78 and to be performed entirely within such State, without regard to the conflicts of law principles of such State. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first written above. LOU-IS DREYFUS CORPORATION, by Name. PPeett.�er G�� Title! President TRANSMONTAIGNE INC., bra "_--" Name: w.A. Sikora Title: Executive vice President imew 3. L64963.7:<7320e03/1A/96—•6: 0311 TRANSMONTAIGNE ■.■ TERMINALING INC. November 17, 1998 Mr. Preston Howard NC DEHNR P. O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Howard: On October 30, 1998, TransMontaigne Terminaling Inc. purchased the Louis Dreyfus Energy bulk petroleum terminal facility listed below: Louis Dreyfus Energy Corporation 7401 Old Mt. Holly Road Charlotte, NC 28214 Records show that you are the issuing agency for the following permit which is currently issued in the name of Louis Dreyfus Energy Corporation. Name of Permit: Permit Number: Name of Permit: Permit Number: NPDES Permit NCO021971 NPDES Permit NCG510006 Kindly provide the appropriate forms, procedures, regulations necessary to transfer/reissue this permit to TransMontaigne Terminaling Inc. If further information is needed, please call me at 770/518-3671. Very truly yours, (a(( 0 4Barbaza Castleberry « Environmental Coordinator a,. 200 Mansell Court East Phone: (770) 518-3500 Suite 600 Fax: (770) 518-3567 Roswell, GA 30076-4853