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
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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. /
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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