HomeMy WebLinkAboutNCS000312_COMPLIANCE_20180716STORMWATER DIVISION CODING SHEET
PERMIT NO.
NCSD
DOC TYPE
❑ FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
COMPLIANCE
❑ OTHER
DOC DATE
❑ 1-�) 10 0-1 M b
YYYY M M D D
i
DISPOSAL AND RECYCLING TECHNOLOGIES
� v
July 16, 2018
LU
Ms. Annette Lucas, PE
CID .North Carolina Department of Natural Resources
® Division of Energy, Mineral and Land Resources
Stormwater Program
217 West Jones Street
Raleigh NC 27603
Re: Transfer of Stormwater Permit
Dart Acquisition, LLC
CIO 4132 Pompano Road,
L" Charlotte, North Carolina
Permit No: NCS000312
Dear Ms. Lucas:
Lo
z
M■
rv,
r-;-: -.1
FReCF-:1V
CD
JUL 17 2018
STORMGU
ATER AL17Y
WA7PERA1T.ING
DART Acquisition, LLC (DART) currently operates a stormwater permitted facility,
located at 4132 Pompano Road, Charlotte, North Carolina 28216 (the "Facility"). The
permit identification number for the Facility is NCS000312.
DART will be acquired by AERC Acquisition Corporation, d/b/a DART, A Clean Earth
Company ("AERC"), which is a wholly owned subsidiary of Clean Earth, Inc. Attachment
A provides a written agreement for the transfer of permit responsibility between the current
permittee, DART, and the new permittee, AERC (the "Stormwater Permit Transfer
Agreement"). The Stormwater Permit Transfer Agreement contains the expected closing
date of the transaction, August 15, 2018, which is the date that is expected to be the
effective date ("Effective Date") for the transfer of permit responsibility between DART
and AERC. Upon the successful completion of the contemplated transaction the parties
will enter into the Stormwater Permit Transfer Agreement.
After the acquisition, AERC plans to continue operating the Facility in compliance with
the Stormwater permit without any operational changes. In accordance with Part III
Section B.2 of the Stormwater Permit, a change in ownership or operational control can be
made with prior Director approval.
Based on the foregoing, DART requests that all duties related to the Stormwater Permit be
transferred to AERC as of the Effective Date, unless DART or Clean Earth, Inc. notify the
NCDENR that the acquisition has been delayed or cancelled.
8647 Lyndon Street
Detroit, Michigan 48238
P: 313.491.2072 F: 313.491.2092
EPA ID: MIK 153 892 922
WWW.DARTWORLDWIDE.COM
(45
4132 Pompano Road
Charlotte, North Carolina 28216
P: 704.395.9559 F: 704.395.9579
EPA ID: NCD 121 700 777
1`
�RRT
DISPOSAL AND RECYCLING TECHNOLOGIES
W if you have any questions, feel free to contact me at (704) 395-9559.
a�; Sincerely,
Erik Bomireto
DART Acquisition, LLC
CJ Cc: ATTORNEY
W M. Harmon, CE Attorney
IMM Clean Earth
,rrr.r�
a
V3
0
a.
V3
8647 Lyndon Street W W W. D A R T W O R L D W I D E. C OM 4132 Pompano Road
Detroit, Michigan 48238 Charlotte, North Carolina 28216
P: 313.491.2072 F: 313.491.2092 P: 704.395.9559 F: 704.395.9579
EPA ID: MIK 153 892 922 0 EPA ID: NCO 121 700 777
Attachment A
Agreement for Transfer of Permit Responsibility
PFIDATA 6457519.1
STORMWATER PERMIT TRANSFER AGREEMENT
This National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Transfer
Agreement (the "Agreement') is made and entered into this _13_ day of _July_ 2018, by
and between DART Acquisition, LLC ("Transferor"), a North Carolina limited liability company
and AERC Acquisition Corporation, dlbla DART, a Clean Earth Company, ("Transferee"), a
Delaware corporation. (Transferor and Transferee are hereinafter collectively referred to as the
"Parties.")
WITNESSETH:
WHEREAS, on August 24, 2011 the North Carolina Department of Environment and Natural
Resources (the "NCDENR") issued to Transferor a Final NPDES Stormwater Permit with
Identification Number NGS000312 (as amended to date, the "Stormwater Permit'), pursuant to
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
October 15, 2007.
WHEREAS, the Stormwater Permit became effective on August 24, 2011, and expired on April
30, 2014. Transferor submitted a permit renewal application in 2013 with no response to -date
from NCDENR.
WHEREAS, Transferor and Transferee have entered an Asset Purchase Agreement, dated
_July 13 , 2018 (the "APA"), pursuant to which Transferor intends to transfer certain assets to
Transferee, including certain facilities and the Stormwater Permit. The targeted closing date for
the proposed acquisition is August 15, 2018 or such later date as may be agreed to by the
Parties (the "Effective Date").
NOW THEREFORE, in consideration of the premises and for other good and valuable
consideration the receipt and sufficiency of which are hereby acknowledged by both parties
hereto, the Parties hereby agree as follows:
1. Pursuant to Part III Section B.2 of the Stormwater Permit, Transferor hereby agrees to
transfer to Transferee the Stormwater Permit, and Transferee hereby agrees to accept such
transfer. Transferee agrees to assume coverage, responsibility and liability under the
Stormwater Permit subject to the terms and conditions listed below.
2. The effective date of the Stormwater Permit transfer as it refers to the operation of the Facility
and compliance with the Stormwater Permit conditions and requirements thereof, shall be on
the Effective Date, unless the proposed acquisition is delayed or canceled, of which
NCDENR will be promptly informed by Transferor or Transferee, if it occurs.
PHDATA 6457519_3
3. From the Effective Date and thereafter, Transferee shall assume the duties, responsibilities,
coverage, and liabilities included in the RCRA Permit, and Transferor shall be released and
discharged from all such responsibilities, coverage, and liabilities. However, until notified by
NCDENR that Transferee has demonstrated compliance with the financial assurance
requirements and Transferor is no longer required to comply with such requirements
Transferor shall maintain the financial assurance currently in place related to the RCRA
Permit.
4. Nothing herein is intended to affect any other agreements between the Parties.
5. This Agreement shall be governed by and construed in accordance with the laws of the
State of North Carolina.
6. Any notice or communication shall be sent to the Party's respective address set forth below.
7. If any provision or obligation of this Agreement is determined to be contrary to law then
the validity, legality and enforceability of the remaining provisions or obligations shall not in
any way be affected or impaired.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
duly authorized representative as of the day and year first above written.
AERC Acquisition Corporation,
dlbla DART, a Clean Earth Company
b
DART Acquisition, LLC
Name: 1
Title: Y 'ee lReaSU,[(+2Title:
Address: 334 South Warminster Road Address: 4132 Pompano Road
Hatboro, PA 19040 Charlotte, NC 28216
III IDA I'A (AS7.519 3
CeeJUE w j S kAtl a 41c (a 4 8) SGo - gR o 3 G (11)
• C lei cG 06, Crj a d t, s CA , .Is ma� I. lu M Pi.
• Ow" vicmi Ci'1+5(d 1 +1�•
AVIS4. zts � kl !! WLo r +T-SA Lam, q w,�o�lti, bey; cc �` s
d
• peso �r�; a+ o� duw -�-1�y w�Dw►� Sw penJ . ,
rows[s an 1,�„�L! S:te shim GMiu(�0, 14&o 14v, rr d�,vL.) of
Pill �'11141f,6j
dow Toa- 2d--------------
ken �
• Over v &m as 9rwa l n w xhd-- f ran.S4 Ko w' o
• j i -- ��7- f -- a 54ctogt4 Cree k
C UAss C ba l�r �asih
fTOw� C� 1 W Th 91Q1w, �af+ r WOVO,d r
• �� G Syu e, • 9.l i lu ws jw rtcov1s raw S poe,; e s . ch,% r
Za V AG �s � &&A"-) �,1to 4 a v-y I M,
C"wS .2vl�+ )Mc�r�a 1 4 cwrrX 61
ajj rrS S how &wu � d. W /Ye .
oS4,r C,, ? 4 e0ac4,y, W �J jZGw &oo ?
An �17 VJ T171 1�/N�r�r�
TI
err u+n►,s p,, h� l sow L d r
" CWAS caS };;,r 3gn+ ?0 s 6w-t/ CU > `o+cl•"wlc k Ro A ub••t
_�_Ll�,,,a
G�wsws �ns� ae� w l•�r� 1� � �,nc�..�.r c�.
Coo ow p� V!DL
C lwL tM) ' rLt4 Lei► d C kSw 4�7,. rya„µ _o f mw-b rt od t ri F P44 C�
�. d� k1� � �.1►4 �$ ham; h.
' 1u 1A a S �ii�w �5 - p +►�� J wy �, ir***� arr e�y Sr A+
&i4cLe d'+^ �r;n. 4ko
Bennett. Bradley
From: Broadway, Chad < Chad, Broadway@mecklenburgcountync.gov>
Sent: Tuesday, May 22, 2018 8:09 AM
To: Bennett, Bradley
Subject: [External] RE: [External]DART Acquisitions LLC - NCS000312
Hi Bradley,
You're correct, the pond at DART is a concrete lined basin that is equipped with a manually activated gate valve, and the
valve remains closed except during a planned discharge. I think keeping the language specifying sample collection
within 30 minutes of initial discharge is probably fine. If the site had more of a TSS issue, then I might be interested in
the sample being collected closer to the initial release to ensure that the lower portion of the water column is sampled
and see what may be sorbed to the sediment, but I'm not sure that is a big factor here. The nature of this pond probably
prevents a true "first flush" sample, but I think it yields a pretty consistent sample.
For BOD, the 6.0 mg/L is our In -Stream action level, so I wouldn't necessarily consider their 13.6 value to be an issue for
us (considering the size of the receiving stream) or that it necessitates the addition of a BOD parameter. After reading
over our monitoring results table, I probably need to update the notes to more clearly specify these are in -stream action
levels. I'll defer to your judgement on copper... I think I've become somewhat desensitized to lower level exceedances
considering how regularly we see it. From approximately 120 sites and 10 years of monitoring, copper at this site is in
our lower 251h percentile and represents half of our median value and approximately 20% of the average value. I think
the source of copper at this site is likely from heavy trucks for material delivery more so than site materials/processing
exposure. Let me know if you need any additional information. Thanks for keeping us in the loop.
Chad Broadway, Environmental Specialist
Charlotte -Mecklenburg Storm Water Services
Mecklenburg County Water Quality Program
2145 Suttle Avenue
Charlotte, NC 28208
704-280-1497 (mobile)
chad.broadway@mecknc.eov
A Consider the environment before printing this email or the attachment.
From: Bennett, Bradley[mailto:bradley.bennett@ncdenr.gov]
Sent: Monday, May 21, 2018 9:22 PM
To: Broadway, Chad <Chad.Broadway@mecklenburgcountync.gov>
Subject: (External)DART Acquisitions LLC - NCS000312
CALiTION Thls email originated from outside of the organization. Do not click links or open attachments unless you
recognize the�sender andknow the content is safe F'b,
Hey Chad,
I've been look at the info we have on this facility (4132 Pompano Road) and the information you provided on
the facility. Just had a couple of quick questions, First is related to the pond that collects their stormwater. It
appears that they manually discharge from the pond, is that correct or does it discharge in response to a.storm
event in some way? Just trying to figure out if there need to be any specific criteria for sample collection? Do
you still thing it s okay to say within first 30 minutes of discharge? Second question is on monitoring results
you guys found in January. Looks like your monitoring showed they were over the benchmark for CU. Would
you recommend that we add CU monitoring to their permit? Your data also showed BOD over your action
level but less than our benchmark. The permit already has COD. Right now I plan to keep COD. Would you
suggest instead requiring BOD?
Thanks for your thoughts on this.
Bradley Bennett
Stormwater Program Phone: (919) 807-6392
NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494
1612 Mail Service Center Email: brad ley. ben nettOncdenr.pov
Raleigh, NC 27699-1612
Email correspondence to and from this address may be subject to public records laws
Gharkue-Mecklenburg
STORM
- WATER 21°45 Suttle Avenue
Charlotte, NC 28208
January 30, 2018
Scott Madix, Lab Manager
Dart Acquisitions
4132 Pompano Road
Charlotte, NC 28216
Subject: Stormwater Monitoring
Dart Acquisitions
Dear Mr. Madix:
On December 20, 2017, Chad Broadway and Matthew Storosh of Charlotte -Mecklenburg
Storm Water Services (CMSWS) sampled stormwater runoff from the subject facility
located at 4132 Pompano Road in Charlotte, North Carolina. The monitoring was
conducted under authority granted by Charlotte City Code Chapter 18, Section 18-82.
The monitoring was also conducted as part of a cooperative working agreement between
Mecklenburg County and the North Carolina Department of Environmental Quality
(NCDEQ) — Division of Energy, Mineral and Land Resources (DEMLR). NCDEQ —
DEMLR has been copied on this report and made aware of monitoring results regarding
the facility's NPDES permit.
Total rainfall during the rain event in which samples were collected at your facility was
0.84 inch. Rainfall data was reported by the United States Geologic Survey (USGS) real-
time station CRN-05 (Rain Gauge at Charlotte Water Administrative Building). CMSWS
sampled stormwater runoff from the discharge point of the facility's retention pond. A
summary table of results is attached to this report.
CMSWS analyzed the monitoring results from your facility by comparing them to local
and state stream standards (CMSWS Action Levels and North Carolina Water Quality
Standards). The results indicate elevated concentrations of copper and biochemical
oxygen demand (BOD) in your facility's stormwater runoff. Since the stormwater
sample was not collected from a stream, the local and state stream standards do not apply;
however, they indicate the potential of polluted runoff from the facility to negatively
impact the receiving stream.
Based on this analysis, CMSWS recommends that you conduct an evaluation of your
facility to identify potential sources of these pollutants. CMSWS also recommends
improving housekeeping, pollution prevention, and preventative maintenance measures in
order to minimize contamination in your facility's stormwater runoff.
To report pollution or drainage problems call: 3'11
QIARIMM http://stormwa ter. charmeck.org V.
V�4
Mr. Scott Madix, Lab Manager
Page 2
January 30, 2018
Please contact me at (704) 280-1497 if you have any questions or need additional
information. For questions specifically regarding your NPDES stormwater permit, please
contact Mr. James Moore with NCDEQ — DEMLR at (704) 663-1699.
Sincerely,
Chad BrZayt
Environmental Specialist
Charlotte -Mecklenburg Storm Water Services
Attachment
cc: Kristen O'ReilIy, City of Charlotte
James Moore, NCDEQ — DEMLR
N
k�1
�x
Chadoft4h eAbu►g
STORM 2145.Suttle Ave
WATERCharlotte, NC 28202
Servlces '^--
Summary of Stormwater Monitoring and Anal sis
Facility: Dart Acquisitions
Sample Date: December 20, 2017
Rain Event Total: 0.84 inch (CRN-05)
Industrial
CMSWS
NC Water
Stormwater
Quality
Parameter
Units
Outfall 001
Permit
Action Level
Standard
Discharge
(In -stream)
(In -stream)
Benchmarks
Temperature
(°C)
12.2
-
32
32
Dissolved
(mg/L)
10.05
-
-
4.0
Oxygen
Conductivity
(umho/cm)
54.3
-
550
-
pH
7.31
6,0 to 9.0
-
6:O to 9.0
Fecal Coliform
100mL
181
1000
3000
200
E-Coll Bacteria
(mpn/
100mL)
520
-
-
-
Total Suspended
(mg/L)
51
100
-
-
Solids
Turbidity
(NTU)
60
-
-
50.0
Copper*
(mg/L)
0.016.
0.010
-
0:0036
Zinc*
(mg/L)
< 0.010
0.126
-
0.036
Chromium
(mg(L)
0.0076
0.05
-
0,016
Lead*
(mg(L)
<0.005
0.075
-
0.014
Oil and Grease,
(mg/L)
< 5.0
15
-
-
and TPH
BOD
(mg/L)
13.6
-
6.0
-
COD
(Mg/L)
57
120
-
-
Yellow indicates exceedance of Permit Benchmark Value, CMSWS Action Level or NC Water Quality
Standard,
*Monitoring data collected during this event is based on total recoverable metals.
The values for the Industrial Stormwater Permits Discharge Benchmarks are also based on total
recoverable metals. The NC Water Quality Standard for in -stream is based on dissolved metals with an
assumed in -stream hardness value of 25 mg/L.
•
�h To report pollution or drainage problems, call: 311
..� http://stormwater.charmeck.org
CHAIUA M,. OF
Charlaffe•Mecklenburg
STORM
WATER
^.r•%�yn.,�.r,
Services
September 26, 2016
Jim Kreger, Compliance Manager
Dart Disposal and Recycling Technologies
4132 Pompano Road
Charlotte, NC 28216
Subject: Industrial Facility Inspection
Dart Disposal and Recycling Technologies
Dear Mr. Kreger:
1147 Suttle Avenue
Charlotte. INC 28208-5237
On September 9, 2016, Chad Broadway and Preston Hines of Charlotte -Mecklenburg
Storm Water Services (CMSWS) conducted an inspection. of the above referenced facility as a
requirement of the City of Charlotte's NPDES Permit, NCS000240, Part 11 Section H. Inspection
authority is granted by Charlotte City Code Chapter] 8, Article III, Section 18-82. At the time of
inspection, the facility was observed to be in compliance with the City of Charlotte Storm Water
Pollution Control Ordinance.
The inspection was also conducted as part of a cooperative working agreement between
Mecklenburg County and the North Carolina Department of Environmental Quality (NCDEQ) —
Division of Energy, Mineral and Land Resources (DEMLR). NCDEQ -- DEMLR has been copied
on this report and made aware of the following observations regarding the facility's NPDES
stormwater permit:
1) Stormwater Pollution Prevention Plan SPPP
A Stormwater Pollution Prevention Plan (SPPP) has been developed and implemented; however,
several elements of the SPPP have not been updated and documented as required by the facility's
NPDES permit.
2) Qualitative Monitoring
Qualitative monitoring has been conducted and recorded.
3) Analytical Monitoring
Analytical monitoring has been conducted and recorded.
1"0 report pallrItion or drainage probleins, call, 31.1.
�,.. littp•.1/storinwa,ter.ch,,irnieck.org
cirARIAtrrr:
G.
Mr. Jim Kreger
Page 2
September 26, 2016
Thank you for the assistance and cooperation with the site inspection. 'Hie attached
report provides details about inspection observations and should be self-explanatory. Please
contact me at (704) 280-1497 if you have any questions or need additional information. For
questions specifically regarding your NPDES stormwater pennit, please contact Zahid Khan with
NCDEQ — DEMLR at (704) 663-1699.
Sincerely,
f c
Chad Broadway
Environmental Specialist
Charlotte -Mecklenburg Storm Water Services
cc: Kristen O'Reilly, Charlotte Storm Water Services
Zahid Khan, NCDEQ — DEMLR
Attachment
r
Chartntto lMecklenDvrg 2 14 5 5 u t L l e A v e n u e
STORMCliarIoIte, NC 29208
%ATER Facility Inspection
SeNicas
Facility Name: Dart Disposal and Recycling Technologies Inspection # : 26495
Contact: Jim Kreger, Compliance Manager Permit #:
Inspector: Chad Broadway Receiving Stream: Irwin Creek
Inspection Date: 09/09/2016 Entry Time: 9:35 am Exit Time: 11:66 am SIC #:
Facility Description: Dart Disposal and Recycling Technologies is a permitted treatment, storage, and disposal facility
for hazardous and non -hazardous materials. The facility accepts various products for either onsite disposal or
consolidation and shipment to other facilities for processing. Received materials undergo profiling and analysis prior to
storage or processing at the facility.
File ReviewlHistory: Chariotte-Mecklenburg Storm Water Services (CMSWS) previously conducted an inspection at this
facility on 11/1412013.
inspection Summary: At the time of inspection, this facility was observed to be in compliance with the City of Charlotte
Storm Water Pollution Control Ordinance. Please see the report for recommendations and comments.
0 0
=DeficiencyAP' .,r,G,;.{' i,`i.Co nments�r .',f e !!. i d,i ,,�, ;h�;;. ,; �r, ,3i, ;i
��
Stormwater system (catch basins,
No
Stormwater flows through the site via sheet flow to a concrete
inlets, ou€falls, etc.)
retention pond where Stormwater is contained until it is
manually discharged to outfall #001 via a gate valve.
Erosion issues
Recommendation
Erosion was observed at the discharge point of outfall #001.
CMSWS recommends stabilizing the area with an energy
dissipator (ie. dprap) or another means of stabilization to
prevent ongoing erosion.
Structural stormwater BMPs
No
The facility has one concrete retention pond that collects flow
from the facility grounds. The basin outlet is controlled with a
gate valve that remains closed, providing a containment point
for any potential spills occurring on site. Per facility
personnel, the capacity of the basin is 22,500 cubic feet,
Illicit discharges/connections
No
No illicit discharges or connections were observed during the
ins action.
Aboveground storage tanks) - list
No
The facility has four 25,000-gallon tanks and three
tank sizes & contents
10,000-gallon tanks indoors associated with the facility's
wastewater treatment process. Additional vessels
associated with the facility's thermal stripper are located
under canopy cover at the rear of the facility. 55-gallon
drums, totes, and other tanks containing various chemicals
to be processed or shipped to another facility are located
indoors.
Underground storage tank(s) - fill port.
NIA
The facility does not have underground storage tanks:
area; list tank sizes & contents
To report pollution or drainage problems call: 31.1
CILVIIIIA TL' http:Ilstorniwater.charmeck.org .
9126/2016 6:13:50AM Page 1 of
1
Site Inspection,.,_ .. _ . '�. ,'.., F , �'D'aficiency r�,. , <<:..'� ,.Comments. .`:..
Outdoor material storage area(s)
Recommendation
At the time of inspection, a large tank previously used for
chemical processing was observed to be stored outdoors with
the lid slightly askew, allowing accumulation of stormwater.
All valves were closed and no discharge was observed around
the vessel; however, CMSWS recommends the tank be
covered to prevent stormwater accumulation and potential
unintended discharge. Additionally, an empty 55-gallon drum
of unknown previous contents was stored outdoors with the
lid not properly placed.
Outdoor processing area(s)
No
Loadinglun loading area(s)
No
Vehicle/equipment area(s) - fueling,
No
The facility does not conduct vehicle fueling, washing, or
washing, storage, etc.
maintenance on site.
Oillwater separator andlor
No
As apart of primary facility operations, certain types of
pretreatment
chemicals received by the facility are processed using an air
sparger, thermal treatment, and platelpress treatment. Upon
final treatment, the waste stream is then discharged to the
sanitary sewer via two "outfalls" that are monitored by the
facility and inspected periodically by Charlotte Water
(formerly Charlotte Mecklenburg Utilities).
Waste storageldisposal area -
No
dum stars, scrap metal bins, etc.
Food service area(s)
NIA
Indoor material storage area(s)
No
The facility stores 55.gallon drums, totes, and other
containers of various caustics, corrosives, flammables, and
other chemicals. The chemical storage areas were observed
to be well kept and organized based on type I reactive nature.
Dikes were located at each point of ingress/egrass to prevent
a potential spill from discharging outdoors, and
chemical -specific storage areas were also divided by dikes.
Indoor processing area(s)
No
Indoor processing areas consist of components related to
waste processing/treatment, including an air sparging unit,
Plate press filter unit, and associated tanks.
Floor drains
No
Grated trench drains I floor drains were observed in several
areas of the facility. Per the facility manager, these drains
are "dead sumps" and any accumulated product is vacuumed
out and placed into a tank for on -site treatment.
Spill response equipment
No
Spill response equipment was observed in a shed at the rear
of the facility. The facility has contracted with Shamrock
Environmental to provide emergency response services in the
event of a significant spill.
tomwater Pollution Plan Observed Comments
Does the facility have a stormwater
Yes
pollution preventionplan?
General location (USGS) map
Yes
Narrative description of practices
Yes
Detailed site map
Yes
List of significant spills (past 3 years)
No
Per the facility manager, no significant spills have occurred
within the previous three years. However, the facility should
be making an annual "notation of no spills" in year when no
spills have occurred, as per Part ill, Section 7 of the permit
•
Rm't'a report pollution or drainage problems call: 31 1 ,
(21ARL(YrIll. h1tp:11statm%vate r.charmcek,org
9I2e12016 8:13750AM Page 2 of 4
r
INlull, pip, Q 4€
e
Otuerved
Sforrnwater Poilutionii?lan amma
Non-stormwater discharge evaluation
No
The facility last conducted a non-stormwater discharge
of outfall(s)
evaluation on 702011. A non-stormwater discharge
evaluation should be conducted on an annual basis; as per
Part 11, Section 1 e of the permit.
Feasibility study
Yes
All necessary secondary
Yes
containment provided
Collected water evaluated and
NIA
documented prior to release
BMP Summary
Yes
Spill prevention and response plan
Yes
Preventative maintenance and good
Yes
housekeeping Ian
Facility provides and documents
Yes
employee training
List of responsible parties
Yes
Reviewed and updated annually
No
A documented review and update of the plan was last
conducted on 7/1/2015.
Stormwater facility inspection
Yes
The facility conducts daily, weekly, and monthly inspections
program conducted semi-annually
of various facility components that satisfy the stormwater
facility inspection requirements.
Fp - � �s�€ §?
n.eMn t .4.. RE..
ualitatrvBlAnalytreal'�Nlonifo�ing� € r 13Ia0bseNed +
-
ommanls,ll((
C" "� 1• s l; a „1' �' i
Qualitative monitoring conducted
Yes
The facility most recently conducted qualitative monitoring on
semi-annually
2125/2016, 1011/2015, and 4/1512015.
Analytical monitoring conducted
Yes
The facility most recently conducted analytical monitoring on
semi-annually
2/25/2016, 10/112015, and 4/15/2016. One instance of
exceeding the pH benchmark range (pH = 9.28) was
observed during 2015. All other monitoring data reviewed was
withinpermit benchmarks.
Analytical monitoring from vehicle
N/A
maintenance
0' an; i.lt' ..„ ;'r !iA € i§
rermit andt0t�tl�lls33 4 E
ii
//++t.3v.1 3 3 4{ - 'i 4 F 'ji; 'i t i Pi .., •��.,
comments',, l F'.l'� :e.. ai ,•. .§' 3.x', i ,.x' xl �E l'f E § ..,;:. l € . iE� E k-� .. I f .., i�-,.lE� .. 1
Copy of permit and certificate of
Yes
coverage onsite
All outfalls observed
Yes
Erosion was observed at the discharge point of outfall #001.
CMSWS recommends repairing and stabilizing this area to
prevent ongoing erosion.
Number of Outfalls Observed
1
Representative outfall status
N/A
documented by NCDWQ
Annual no -exposure self
NIA
re -certification documented
Phase [l Permit Requirements :',- .' .O[is`e""rued „Comments` w
Wastes removed from the MS4
NIA
ro ed disposed
Public transportation (roadway)
NIA
projects constructed within the last
year
Curb miles and parking lots swept
N/A
documented
Catch basin and storm drain pipe
NIA
cleanlng documented
7'cr re}rart grollutic,i, rir drainage problems caul: 31 1 M €
ARL[}TM littil�//sttit-mNvatcr.cliart-ncck.org
r•mNvarcr.cliarcck.org .
8/26M16 9:13:50AM Page 3 of 4
./ .
Phase tl,ParmitRequirements' .' ¢ Observed .Comments
Records of pesticidetherbicide
NIA
applicator licenses maintained for
staff and contractors
If pesticide treatment areas
NIA
exceeded, was permit application
submitted?
Pesticide limitations in Goose Creek
NIA
Watershed followed
•
ObTO report pollution or drainage problems call: 31'1
QL'. [it tp;I Is toriuwate r.char incck.org .
812e12016 8:13:50AM Page 4 of 4
Compliance Inspection Report
Permit: NCS000312 Effective: 06/01 /09 Expiration: 05/31/14 Owner: Dart Acquisitions LLC
SOC: Effective: Expiratlon: Facility: Dart Acquisitions LLC
County: Mecklenburg 4132 Pompano Rd
Region: Mooresville
Charlotte NC 28216
Contact Person: James G Kreger Title: Phone: 704-395-9559
Directions to Facility:.
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 09/0912016 Entry Time: 09:35AM
Primary Inspector: Water Quality Program Meckenburg County
Secondary Inspector(s):
Zahid S Khan
Reason for Inspection: Routine
Permit Inspection Type: Stormwater Discharge, Individual
Facility Status: Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Certification:
Phone:
Exit Time: 11:55AM
Phone: 704-336-5449
Phone:
Inspection Type: Compliance Evaluation
Page: 1
�4i
pew NCS000312 Owner - Facility: Dart Acquisitions LLC
Inspection Data: 0910912016 Inspection Type: Compliance Evaluation Reason for Vises: Routine
Inspection Summary:
Dart Disposal and Recycling Technologies is a permitted treatment, storage, and disposal facility for hazardous and
non -hazardous materials. The facility accepts various products for either onsite disposal or consolidation and shipment to
other facilities for processing, Received materials undergo profiling and analysis prior to storage or processing at the facility
At the time of inspection, this facility was observed to be in compliance with the City of Charlotte Storm Water Pollution
Control Ordinance. Please see the report for recommendations and comments.
Page: 2
Permit NCS000312
Inspection Date: 09109/2018
Analytical Monitorina
Has the facility conducted its Analytical monitoring?
Owner • Facility: Dart Acquisitions LLC
Inspection Type. Compliance Evaluation
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
Reason for Visit: Routine
Comment: The facility most recently conducted analytical monitoring on_2/25/2016, 101112015. and
4/15/2015 . One instance of exceedinq the RH benchmark range H = 9.28 was
observed during 2015. All other monitoring data reviewed was within permit benchmarks
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? N ❑ ❑ Cl
# Were all outfalIs observed during the inspection? E ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ M ❑
# Has the facility evaluated all illicit (non sormwater) discharges? 1111011
Comment: ion was observed at the discharge point of outfall #00i. CMSWS recommends repairing and
stabilizing this area to prevent ongoing erosion.
Qualitative Monitoring
Has the facility conducted its Qualitative Monitoring semi-annually?
Comment: The facility most recently conducted clualitative mo itorin on 2/25/2016 10/1/ 015 and
4/15/2015.
Stormwater Pollution Prevention Plan
Does the site have a Stormwater Pollution Prevention Plan?
# Does the Plan include a General Location (USGS) map?
# Does the Plan include a "Narrative Description of Practices"?
# Dbes the Plan include a detailed site map including outfall locations and drainage areas?
# Does the Plan include a list of significant spills occurring during the past 3 years?
# Has the facility evaluated feasible altemalives to current practices?
# Does the facility provide all necessary secondary containment?
# Does the Plan include a BMP summary?
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
# Does the facility provide and document Employee Training?
# Does the Plan include a list of Responsible Party(s)?
# Is the Plan reviewed and updated annually?
Yes No NA NE
■❑❑❑
Yes No NA NE
■❑❑❑
■❑❑❑
■❑❑❑
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
IN ❑ ❑ ❑
❑ ❑ ❑
■❑❑❑
E ❑ ❑ ❑
❑■❑❑
Page: 3
.' 46 .
permit: NCS000312 Owner - Facility: Dart Acquisitions LLC
Inspection Date: 0910912018 Inspection Type: Compliance Evaluation
8tormwater Pollution Prevention Plan
# Does the Plan include a Stormwater Facility Inspection Program?
Has the Stonnwaler Pollution Prevention Plan been implemented?
Reason for Visit: Routine
Yea No NA NE
❑ ❑ ❑
❑ ❑ ❑
Comment: Per the facility manacier, no sicinificant spills have occurred within the previous three Years.
However, the facility should be making an annual "notation of nos ills" in ear when nos ills
have occurred, as per Part II, Section 7 of the permit.
The facility last conducted a non-stormwater discharge evaluation on 7/5/2011. A
non-stormwater discharge evaluation should be conducted on an annual basis, as per Part 11
Section 1 (e) of the permit.
A documented review and update of the plan was last conducted on 711I2015.
The facility conducts daily, weekly, and monthly inspections of various facility components that
satisfy the stormwater facility inspection requirements.
Page: 4
Permit Number NCS0O0312
Program Category
NPDES SW
Permit Type
Slormwater Discharge, Individual
Primary Reviewer
bradley.bennett
Coastal SWRule
Permitted Flow
0
Facility
Central Files: APS _ SWP
9/6/2016
Permit Tracking Slip
Status Project Type
In review Renewal
Version Permit Classification
Individual
Permit Contact Affiliation
Facility Name Major/Minor Region
Dart Acquisitions LLC Minor Mooresville
Location Address County
4132 Pompano Rd Mecklenburg
Facility Contact Affiliation
Charlotte NC 28216 Rick Reed
4132 Pompano Rd
Owner Charlotte NC 28216
Owner Name
Owner Type
Dart Acquisitions LLC
Non -Government
Owner Affiliation
Erik Bomlreto
President
4132 Pompano Rd
Dates/Events
Charlotte NC 28216
Scheduled
Orig Issue App Received Draft Initiated Issuance
Public Notice Issue Effective Expiration
9/29/1995 10/31/2013
Regulated Activities ••_•
Requested /Received Events
Stormwater (activities not covered)
Region comments on draft requested
Region comments on draft received
Outfall 001
Waterbody Name Streamindex Number Current Class Subbasln
Stewart Creek 11-137-1-2 C 03-08-34
Additional Monitoring Summary Data
NCS000312 - DART Acquisitions
Event Date
TSS
COD
pH
5/6/2013
11
54
7.34
11/18/2013
ND
150
6.69
2/19/2014
26
29
7.21
10/16/2014
26
37
7.46
4/15/2015
68
51
9.26
10/1/2015
5.5
ND
6.98
2/25/2016
43
15
6.64
10/11/2016
4.5
13
7.07
3/28/2017
18
25
6.77
9/28/2017
11
ND
7.07
3/6/2018
86
37
6.21
C I�1Sk1S NI'�� btG <S Tur ,
ti OS X,,6, e.0 jwJ
iri 5 V�
IAlexartder,'Laura
From: 'lames G Kreger <jkreger@dartworidwide.com>`.
Sant. Wednesday, September iQr 2014 8:14 AM _
To: " . Alexander,' Laura. :1..
RE: 0
okrm1t'.Name/QwmershI0 Change Form,
Attechment6g, DARE' Starrriwate'r Ownership'Chedge'Request Forrn.pdf .
..Follow Up Flag: Follow up
NO Status:' . Flagged .
Laura,..
I am sending you the original paperwork that was completed back In 2011. This Includes the signed ownership change
force and ail the correspondence at that time.
Thanks.
Jim Kreger
Compliance Manager
DART Acquisitions, LLC
From: Alexander, Laura (laura.alexander@ncdenr.gov]
Sent: Tuesday, September 09, 2014 4:06 PM
To: James G Kreger
Subject: Permit Name/ownership Change Form
Good Afternoon Mr. Kreger,
We received your annual permit check for NCS000312 and noticed that your company has had a name change. If you
wouldn't mind, please fill out the attached form and return to our office. I'll make the appropriate changes once we
receive the signed form.
Thanks for your help Please let me know if you have any questions.
Laura Alexander
Stormwater Permitting Program
(919) 807-6368
1
`o�oF wAT9oG Beverly Eaves Perdue, Governor
v� Dee Freeman, Secretary
? North Carolina Department of Environment and Natural Resources
0 <
Coleen li. Sullins, Director
Division of Water Quality
a SURFACKWATER PROTECTION SECTION V
PERMIT NAME/OWNERSHIP CHANGE FORM
1. Please_ enter the permit number for which the change is requested.
NPDES'Pennit (or) Certificate of Coverage
N,G I S 10 10 10 13 i 2 N GG
H. Permit status prior to requested change.
a. Permit issued to (company name): Heritage Environmental Services, LLC
b. Person legally responsible for permit: Deborah C Edwards
First MI Last
Vice President
Title
7901 West Morris Street
Permit Holder Mailing Address
Indianapolis IN
46231
City State
Zip
(317) 243-0811 (317)
486-5080
Phone
1'ax
c. Facility name (discharge):
Heritge EnvironmentalServices, LLC__
d. Facility address:
4132 Pompano Road
Address
Charlotte NC
28216
City State
Zip
e. Facility contact person:
Craig G. Hogarth (317)
486 2783
First / MI / 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):
DART Acquisitions, LLC
c. Person legally responsible for permit:
Erik Bomireto
First Ml Last
President
Title
8647 Lyndon Street
Permit I loader Mailing Address
Detroit Ml 49238
City State Zip
(313) 491-2072 erik!2dartworldwide.com
Phone E-mail Address
d. Facility name (discharge):
DART Acquisitions, LLC
e. Facility address:
4132 Pompano Road
Address
Charlotte NC 28216
City Stale "Lip
f. Facility contact person:
dames G Kreger
First MI Last
(313) 491-2072 jkregcr@dartworldwide.com
Phone E-mail Address
Revised titsooa
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_: James G. Kreger
First MI Last
Compliance Manager
Title
4132 Pomp.2no Road
Mailing Address
Charlotte NC 28216
City State Zip
(313) 491-2072 jkreger@.dartworldwide.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):
i, Debi Edwards 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.
Signature
APPLICANT CERTIFICATION
Date
1, Erik Bomireto, 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.
67--6( 1L
Si re T Date
....................................
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re u d 7008
FORM OF BILL OF.SALE
THIS -BILL OF SALE (this "Instrument"), dated as of July 6, 2011, is made by and
between DART Acquisitions; LLC, a Norih Carolina limited liability company, ("Buyer"), Heritage
Environmental Services, LLC., an Indiana corporation ("HES, LLC"), and Heritage Environmental
Services, Inc. ("HES. Inc;"), an Indiana limited liability company (together with HES, LLC;
"Sellers") and delivered pursuant to, and subject to the terms of, the Asset Purchase Agreement (the
"Purchase A reemmt"), dated as of December 17, 2010, by and among Buyer and Sellers.
Capitalized terms not otherwise defined in this Instrument shall have the meanings given to such
terms in the Purchase Agreement.
WHEREAS, Sellers have agreed to sell to Buyer all of the Purchased Assets pursuant
to the terms of the `Purchase Agreement.
NOW, THEREFORE, subject to the terms and conditions of the Purchase Agreement
and for the consideration set forth therein, Buyer and Sellers each hereby agree as follows:
1. Sellers do hereby sell, convey, transfer, assign and deliver to Buyer, and Buyer
hereby acquires and accepts from Sellers, all of the. Purchased Assets. Sellers hereby warrant and
confirm to Buyer that: (i) Sellers have the full right to sell all -of the Purchased Assets and (ii) the
Purchased Assets herein sold are free and unencumbered, except as provided in the Purchase
Agreement. Sellers covenant and bind their respective successors and assigns to warrant and defend
the title to the. Purchased Assets to Buyer, its successors and assigns, forever, against the lawful
claims of all persons. Notwithstanding anything contained herein, Sellers will retain and not sell,
and Buyer will not acquire, the Excluded Assets.
2. At anytime or from time to time after the date hereof, at Buyer's request and
without further consideration, Sellers shall execute and deliver to Buyer such other instruments of
sale, transfer, conveyance, assignment and confirmation, provide such materials and information and
take such other actions as Buyer may reasonably deem necessary or desirable in order to more
effectively transfer, convey and assign to Buyer, and to confirm Buyer's title to, all of the Purchased
Assets; and, to the full extent permitted by law, to put Buyer in actual possession and operating
control of the Purchased Assets and to assist Buyer in exercising all rights with respect thereto.
3. This Instrument shall be governed by and construed in accordance with the
domestic laws of the State of Michgian, without giving effect to any choice of law or conflict of law
provision (whether of the State of Michigan or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than the State of Michigan.
4. This Instrument shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns.
5, This Instrument is executed and delivered pursuant to the Purchase
Agreement. This Instrument shall not be.deemed.to defeat, limit, alter, impair, enhance or -enlarge
any right, obligation, claim or remedy created by the Purchase Agreement, and in the event of any
conflict between the Purchase Agreement and this Instrument, the Purchase Agreement shall control.
6. This instrument may be executed in one or more counterparts, all of which
shall be considered one and the same Instrument, and shall become effective when one or more of
such counterparts have been.signed by each of the parties and delivered to the other party.
[Rest of Page Intentionally Left Blank]
IN WITNESS WHEREOF, this Instrument is duly executed and delivered as of the
day and year first above written.
BUYER:
DART ACQUISITIONS, LLC
By: .1hc�?
Name: k
Title:
SELLERS:
HERITAGE ENVIRONMENTAL SERVICES, INC.
HERITAGE ENV IRONMENTALSERVICES, LLC
By:
Name: i !
Title: L?
854709/2
�T
CDP) DISPOSAL ANO RECYCLING TECHNOLODIE8
4132'Ponrpcu10 1Rd. ChiMoite, NC 7o4-395-9559
July 11, 2011
Mr. Bradley Bennett
Division,of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
CERTIFIED MAIL/RETURN RECEIPT
7011 0470 0002 2250 5055
Re: Change of Name/Ownership under'Stormwater Permit NCS000312.
Dear Mr. Bennett:
As of July 6, 201.1 the facility known as lieritage.Environmental Services, LLC located at
4132 Pompano Road, Charlotte, North Carolina under Storrnwater Permii NCS000312 has
been sold to DART Acquisitions, LLC (DART). Enclosed you will find a completed and
signed "Permit Name/Ownership Change Form" 'also included is an original signed "Bill of
Sale" as requested by the department.
Please be advised that DART will continue to abide by the, current stormwater permit
conditions, sampling/monitoring protocol and compliance schedule requirements as
dictated in the permit..
If you should you have any questions regarding the above, please contact me 248-840-9017.
Sincerely,
DART Acquisitions, LLC
(J
James G. Kreger, CHMM
Compliance Manger
Enclosures
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 24, 2011
James G. Kreger
COMPLIANCE MANAGER
DART Acquisitions, LLC
4132 Pompano Road
Charlotte, NC 29216
Subject: Permit No. NCS000312
DART Acquisitions, LLC
Charlotte Facility
Mecklenburg County
Dear Mr. Kreger:
Dee Freeman
Secretary
Division personnel have reviewed and approved your request to change your name under the
individual permit, received on July 15, 201 L
Please find enclosed the revised permit cover page. The terms and conditions contained in the permit
remain unchanged and in full effect.
If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300.
Sincerely,
for Coleen H. Sullins
cc: Winston-Salem Regional Office
Stormwater Permitting Unit
Wetlands and Slommater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Locatlom 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807.63001 FAX: 919-807.64941 Customer Service:1-877-623.6748
Intemet: www.ncwaterqualV.org
M Equat opportunity % AffirmaM Action Employer
onthCarolina
NNturally
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT.
TO DISCHARGE STORMWATER UNDERTHE
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,
DART Acquisitions, LLC
is hereby authorized to discharge stormwater from a facility located at
DART Acquisitions, LLC
4132 Pompano Road
Charlotte
Mecklenburg County
to receiving waters designated as Stewart Creek, a class C stream,.in the Catawba River Basin in
accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts 1,11, 111, IV, V and VI hereof:
This permit shall become effective August 24, 2011.
This permit and the authorization to discharge shall expire at midnight on April 30, 2014.
Signed this day August 24, 2011.
4L /�&
r Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
NCS00312
A� ..,.-�L
CCDEFR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
James G. Kreger
COMPLIANCE MANAGER
DART Acquisitions, LLC
4132 Pompano Road
Charlotte, NC 28216
Dear Mr. Kreger:
RECEIVED
August 24, 2011 DIV±SIGN OF WATER QUALITY
AUG 3 0 2011
s=,-LIONAL OFFICE
Subject: Permit No. NCS000312
DART Acquisitions, LLC
Charlotte Facility
Mecklenburg County
Division personnel have reviewed and approved your request to change your name under the
individual permit, received on duly 15, 2011.
Please find enclosed the revised permit cover page. The terms and conditions contained in the permit
remain unchanged and in full effect.
If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300.
Sincerely,
for Coleen H. Sullins
rv)a Mc --
cc: Winsten-Satlem Regional Office
Stormwater Permitting Unit
Wetlands and Stormwater Branch
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salisbury SL Ralegh, North Carolina 27604
Phone:91 M07-6300 L FAX: 919-807-6494 L Customer Service:1-877-623-6748
Internet: www,n&aterquality.oq
An Equal Opportunity 1 Affirmative Action Employer
"�
On
e
NCarolina
Naturally
NCS00312
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELEVE[NATION SY TEM
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,
DART Acquisitions, LLC
is hereby authorized to discharge stormwater from a facility located at
DART Acquisitions, LLC
4132 Pompano Road
Charlotte
Mecklenburg County
to receiving waters designated as Stewart Creek, a class C stream, in the Catawba River Basin in
accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, H,111, IV, V and VI hereof.
This permit shall become effective August 24, 2011.
This permit and the authorization to discharge shall expire at midnight on April 30, 2014.
Signed this day August 24, 2011. ORIMMSOMO
KEN PICKLE
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Pickle, Ken
From:
Pickle, Ken
Sent:
Thursday, August 11, 2011 5:36 PM
To:
Patterson, Robert
Cc:
Bennett, Bradley
Subject:
1=W: Storm Water Discharge Permit: Heritage Environmental in Charlotte
FYI, No -Action - - DART is the new owner of Heritage Environmental in Charlotte.
kbp
Ken Pickle
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919)807-6376
Fax: (919) 807-6494
Email: ken.oickle@ncdenr.gov
Website: htto://portal.ncdenr.org/web/wq/ws/su
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Pickle, Ken
Sent: Thursday, August 11, 2011 5:33 PM
To: 'Bill Zoeller'
Cc: Massengale, Susan; Bennett, Bradley; Patterson, Robert
Subject: RE: Storm Water Discharge Permit
Hi, Bill,
Again, I've added my responses in bold red text below.
Please contact me if we need to follow up more.
Ken
Ken Pickle
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919)807-6376
Fax: (919) 807-6494
Email: ken. pickle@ncdenr.gov
Website: htti)://i)ortal.ncdenr.ora/web/wq/ws/su
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Bill Zoeller [maiito:bill.zoeller@slg.com]
Sent: Thursday, August 11, 2011 2:23 PM
To: Pickle, Ken
Cc: Massengale, Susan; Bennett, Bradley
Subject: RE: Storm Water Discharge Permit
Mr. Pickle,
Again thank you for your follow-up and in later speaking with DART, they have no intentions discharging the liquid (beer,
wine, spirits, cola, ect.) via wastewater and a wastewater permit should not be required.
OK understand.
Their plan is to use the tanks on premise to hold the fluid, which falls under their Hazardous Waste permit until bulk
liquid transportation can be arranged to Detroit for ethanol conversion.
All that being said, will DART be in NCDENR compliance with permit NCS000312 to crush beer and other product
containers such as wine, spirits and cola, hold the liquid product for transportation to Detroit and then allow local
recyclers to recycle the aluminum, crushed glass and corrugated product?
• We have already begun the Permit transfer Process. If our question is will DM transfer Heritage's permit
to DART? The answer is, we intend to.
• Or said another way, does DM intend for the conditions contained in the existing permit NCS000312 to cover
stormwater discharges Lrom DART's operations? We are relying on the resumed sufficiency of DART's
representation of their business processes, and on that basis it appears that the current permit is appropriate.
Recall that our focus is on the potential Lor pollutant dischar es: we are regulating the discharges, not so
much the on -site activity. The on -site activity certainly has a bearing on what pollutants might be discharged,
but our permit is about regulating the discharge, not about regulating the on -site activity. If DART's on -site
activities ever change to a significant degree, they_ are „obligated by the permit to notify us. If we then fudge
that the existing NCS000312 is inappropriate because it does not adequately address the potential for
pollutant discharges, a revised permit is required. Have l answered your question?
Bill Zoeller
Logistics Analyst
Satellite Logistics Group
(P)281-902-5535
(F) 281-902-5635
www.sig.com
From: Pickle, Ken [mailto:ken. pickle@ncdenr.gov]
Sent: Thursday, August 11, 2011 12:37 PM
To: Bill Zoeller
Cc: Massengale, Susan; Bennett, Bradley
Subject: RE: Storm Water Discharge Permit
Hi Bill
The transfer request was received by Bradley, and is being processed now by our administrative assistant. It has not yet
been keyed into our database, but should be soon. Normally the return notification letter will come across my desk for
signature. I'd expect to see it nit tomorrow.
Ken Pickle
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919)807-6376
Fax: (919) 807-6494
Email: ken. Pickle(. ncdenr.gov
Website: http://portal.ncdenr.org/web/wo/ws/su
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Bill Zoeller [maiito:bill.zoeller@slg,com]
Sent: Thursday, August 11, 2011 11:40 AM
To: Pickle, lien
Cc: Massengale, Susan; Bennett, Bradley
Subject: RE: Storm Water Discharge Permit
Mr, Pickle,
James Kreger, CMM and Compliance Manager of DART stated that they have communicated with Bradley Bennett and a
change form was submitted to your department with the proper required documents necessary for the transfer.
I attempted to reach out to Mr. Bennett, but he is out of the office until Monday. Can you check the transfer status and
possibly submit an approval date?
Your help is greatly appreciated.
Bill Zoeller
Logistics Analyst
Satellite Logistics Group
(P)281-902-5535
(F)281-902-5635
www.slg.com
From: Pickle, Ken [mailto: ken. pickle@ncdenr.gov]
Sent: Thursday, August 11, 2011 8:22 AM
To: Bill Zoeller
Cc: Massengale, Susan; Bennett, Bradley
Subject: FW: Storm Water Discharge Permit
Importance: High
Hello Mr. Zoeller,
I see I'm a couple of time zones ahead of you. If this email is not sufficient, please contact me voice -to -voice when it's
convenient. I'm in the office all week, and I'll be glad to speak with you to clear up any other questions, or
circumstances.
I've inserted my responses in red bold text in your original note below.
Ken
Ken Pickle
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919)807-6376
Fax: (919) 807-6494
Email: ken, Rickle@)ncdenr.gov
Website: htt ortal.ncdenr.or web w w u
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Massengale, Susan
Sent: Wednesday, August 10, 2011 4:39 PM
To: Diuguid, Bill; Pickle, Ken; Randall, Mike
Cc: Bennett, Bradley
Subject: FW: Storm Water Discharge Permit
Importance: High
Not sure who this properly goes to but would one of you please reply to Mr. Zoeller's questions or forward it to the
proper person?
Thanks for your help,
Susan
Susan Massengale
Public Information Officer
DLNR- DiN ision of Water Quality
1617 MSC, Raleigh, NC 27699-1617
(919) 807-6359; fax (919) 807-6492
Please note: my e-mail address has changed to susan.massengale@ncdenr.gov
E-mail correspondence 10 idol Ji-onz this address maj, he subjecl In the
.North Carolina Public Records Law and may be disclosed to third parties.
From: Bill Zoeller [ma !Ito:bill.zoeller@slg.com]
Sent: Wednesday, August 10, 2011 4:34 PM
To: Massengale, Susan
Subject: Storm Water Discharge Permit
Importance: High
Ms. Massengale,
Thank you for taking my call this afternoon,
Satellite Logistics Group is a third party Logistics Company that assists customers such as MillerCoors, Anheuser-Busch,
Heineken and Guinness in their disposal of out of date or recalled merchandise.
Our company has worked with DART at their Detroit facility and now they have acquired a new location in Charlotte and
I am interesting in working with them to handle the destruction of full product in North Carolina.
DART Acquisitions, LLC has forward me the previous owner's stormwater discharge permit under Heritage
Environmental Services, LLC, which I have attached along with DART's current Hazardous Waste Management Permit.
My question is, has DART requested a permit in their name
We have not received a permit application from DART Lqr„this facility.
or are they allow to transfer the permit
There is a name%wnership chan_ge_reguest form on the Stormwater Permitting Unit website that may be use far this
purpose. Please note that the submittal of the form to us is necessary: The transfer of the permit is a DWQ action, not
an action that can take place between Heritage and DART.
http://portal,ncdenr.orgZc/doc_u_me_nt library/get file?uuid=6f3f8836-931e-4475-b523-0199235fea69&groupld=38364
and does this permit allow them to dispose beer in the storm system
No, this permit authorizes_ the discharge of stormwater only. Unlike some other states, North Carolina has no
combined sews a starmwater sewers. In our state all wastewaters even treated wastewaters must be discharge
under a wastewater permit, not under a stormwater permit.
as long as they follow the procedures and limitations of the permit.
Not relevant. Wastewater discharge requires a wastewater permit not a stormwater permit. There is no
circumstance under which the current permit, NCS000312 authorizes the discharge of treated beer.
Secondly will they be in compliant with local, state and federal EPA requirements.
No, they will not be compliant in the event of a discharge of treated beer. The facility must have a wastewater
discharge permit to discharge treated beer. The germit you re erence NCS000312 is a stormwater-only ermit. The
discharge of treated beer into the stormwater system would be a violation of North Carolina rule and low.
North Carolina ABC enforcement agency has signed off on them along with the Alcohol & Tobacco Tax & Trade Bureau
(TTB) allowing them to fill bulk liquid containers and transport outside the state.
Thank you advance in answering my questions regarding the storm water permit and EPA requirements.
Bill Zoeller
Logistics Analyst
Satellite Logistics Group
12621 Featherwood Drive, Suite 390
Houston, Texas, 77034
(P) 281-902-5535
(F) 281-902-5635
www.slg.corn
Internet Email
Confidentiality Footer This e-mail transmission, and any documents, files or previous e-mail messages attached
to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure,
copying, distribution or use of any of the information contained in or attached to this transmission is
STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by
reply email, or by telephone at (281-902-5500) and destroy the original transmission and its attachments
without reading or saving in any manner.
Internet Email
Confidentiality Footer This e-mail transmission, and any documents, files or previous e-mail messages attached
to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure,
copying, distribution or use of any of the information contained in or attached to this transmission is
STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by
reply email, or by telephone at (281-902-5500) and destroy the original transmission and its attachments
without reading or saving in any manner.
Internet Email
Confidentiality Footer This e-mail transmission, and any documents, files or previous e-mail messages attached
to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a
person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure,
copying, distribution or use of any of the information contained in or attached to this transmission is
STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by
reply email, or by telephone at (281-902-5500) and destroy the original transmission and its attachments
without reading or saving in any manner.
®�1
DISPOSAL AND RECYCLING TECHNOLOGIES
4132 Pompano Rd. Charlotte, NC 704-395-9559
July 11, 2011
Mr. Bradley Bennett
Division of Water Quality
Stormwater Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
VIA CERTIFIED MAIL
7011 0470 0002 2250 5055
Re: Change of Name/Ownership under Stormwater Permit NCS000312
Dear Mr. Bennett:
As of July 6, 2011 the facility known as Heritage Environmental Services, LLC located at
4132 Pompano Road, Charlotte, North Carolina under Stormwater Permit NCS000312 has
been sold to DART Acquisitions, LLC (DART). Enclosed you will find a completed and
signed "Permit Name/Ownership Change Form" also included is an original signed "Bill of
Sale" as requested by the department.
Please be advised that DART will continue to abide by the current stormwater permit
conditions, sampling/monitoring protocol and compliance schedule requirements as
dictated in the permit.
1f you should you have any questions regarding the above, please contact me 248-840-9017.
Sincerely,
DART Acquisitions, LLC
/J
James G. Kreger, CHMM
Compliance Manger
Enclosures
`0
�0F W ATFAPG Beverly Eaves Perdue, Governor
7r Dec Freeman, Secretary
North Carolina Department of Environment and Natural Resources
O <
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER- PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N G S 1 0 10 10 13 1 2 N I C G
11. Permit status prior to requested change.
a. Permit issued to (company name): Heritage Environmental Services, LLC _
b. Person legally responsible for permit: Deborah C Edwards
First Ml Last
Vice President
Title
7901 West Morris Street
Permit Holder Mailing Address
Indianapolis IN
46231
City State
Zip
317 243-0811 317
486-5080
Phone
Fax
c. Facility name (discharge):
Heritage Environmental Services, LLC
d. Facility address:
4132 Pompano Road
Address
Charlotte NC
28216
City State
Zip
e. Facility contact person:
Craig G. Hogarth (317)
486-2783
First / MI / Last
Phone
111. 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):
DART Acquisitions, LLC
c. Person legally responsible for permit:
Erik Bomireto
First MT Last
President
Title
8647 Lyndon Street
Permit Holder Mailing Address
Detroit M1 48238
City State Zip
313 491-2072 erik dartworldwide.com
Phone E-mail Address
d. Facility name (discharge):
DART Acquisitions, LLC
e. Facility address:
4132 Pompano Road
Address
Charlotte NC 28216
City State Zip
f. Facility contact person:
James G Kreger
First Ml Last
(313) 491-2072 jkreger@dartworldwide.com _
Phone E-mail Address
Revised 13 TM
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: James_ G. Kreger
First Mi Last
_ Compliance Manager
Title
4132 Pompano Road
Mailing Addm3
Charlotte NC 28216
City State Zip
(313) 491-2072 _jkreger(@,dartworldwide.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.
PERMI'TTEE CERTIFICATION (Permit holder prior to ownership change):
1, Debi Edwards 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.
WM1
IM 45 PAN,
Date
APPLICANT CERTIFICATION
1, Erik Bomireto, 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.
tgnature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 7r"M
FORM OF BILL OF SALE
THIS BILL OF SALE (this "instrument"), dated as of lulyb, 2011, is made by and
between DART Acquisitions, LLC, a North Carolina limited liability company, ("Buyer"), Heritage
Environmental Services, LLC., an Indiana corporation ("HES, LLC"), and Heritage Environmental
Services, Inc. ("HES, Inc."), an Indiana limited liability company (together with HES, LLC,
"Sellers") and delivered pursuant to, and subject to the terms of, the Asset Purchase Agreement (the
"Purchase Agreement"), dated as of December 17, 2010, by and among Buyer and Sellers.
Capitalized terms not otherwise defined in this Instrument shall have the meanings given to such
terms in the Purchase Agreement.
WHEREAS, Sellers have agreed to sell to Buyer all of the Purchased Assets pursuant
to the terms of the Purchase Agreement.
NOW, THEREFORE, subject to the terms and conditions of the Purchase Agreement
and for the consideration set forth therein, Buyer and Sellers each hereby agree as follows:
1. Sellers do hereby sell, convey, transfer, assign and deliver to Buyer, and Buyer
hereby acquires and accepts from Sellers, all of the Purchased Assets. Sellers hereby warrant and
confirm to Buyer that: (i) Sellers have the full right to sell all of the Purchased Assets and (ii) the
Purchased Assets herein sold are free and unencumbered, except as provided in the Purchase
Agreement. Sellers covenant and bind their respective successors and assigns to warrant and defend
the title to the Purchased Assets to Buyer, its successors and assigns, forever, against the lawful
claims of all persons, Notwithstanding anything contained herein, Sellers will retain and not sell,
and Buyer will not acquire, the Excluded Assets.
2. At any time or from time to time after the date hereof, at Buyer's request and
without further consideration, Sellers shall execute and deliver to Buyer such other instruments of
sale, transfer, conveyance, assignment and confirmation, provide such materials and information and
take such other actions as Buyer may reasonably deem necessary or desirable in order to more
effectively transfer, convey and assign to Buyer, and to confirm Buyer's title to, all of the Purchased
Assets, and, to the full extent permitted by law, to put Buyer in actual possession and operating
control of the Purchased Assets and to assist Buyer in exercising all rights with respect thereto.
3. This Instrument shall be governed by and construed in accordance with the
domestic laws of the State of Michgian, without giving effect to any choice of law or conflict of law
provision (whether of the State of Michigan or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than the State of Michigan.
4. This Instrument shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns.
S. This Instrument is executed and delivered pursuant to the Purchase
Agreement. This Instrument shall not be deemed to defeat, limit, alter, impair, enhance or enlarge
any right, obligation, claim or remedy created by the Purchase Agreement, and in the event of any
conflict between the Purchase Agreement and this Instrument, the Purchase Agreement shall control.
6. This Instrument may be executed in one or more counterparts, all of which
shall be considered one and the same Instrument, and shall become effective when one or more of
such counterparts have been signed by each of the parties and delivered to the other party.
[Rest of Page Intentionally Left Blank]
IN WITNESS WHEREOF, this Instrument is duly executed and delivered as of the
day and year first above written.
DART ACQUISITIONS, LLC
By: t ?AC7
Name: k
Title: --- ) PZs d_
SELLERS:
HERITAGE ENVIRONMENTAL SERVICES, INC.
HERITAGE ENVIRONMENTAL SERVICES, LLC
By:
Name: . i i c ;
Title: O
85A7093.2
(PF�7) H ERITAG E
`i ENVIRONMENTAL SERVICES
VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
ARTICLE NUMBER 7006 3450 0003 0515 6896
January14, 2011
7901 West Morris Street
Indianapolis, Indiana 46231 ^�
Coleen H. Sullins
Director
Division of Water Quality N
North Carolina Department of Environment and Natural Resources �
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Transfer of Stormwater NPDES Permit, Heritage
Environmental Services, LLC, 4132 Pompano Road,
Charlotte, North Carolina
NPDES Permit No: NCS000312
Dear Ms. Sullins
Heritage Environmental Services, LLC ("Heritage") currently owns and operates a waste storage
facility, located at 4132 Pompano Road, Charlotte, North Carolina 28216 (the "Facility"). The
Facility holds NPDES Permit No. NCS000312, which became effective on June 1, 2009 and
expires on May 31, 2014.
Heritage has entered into an agreement with DART Acquisitions, LLC ("DART") to purchase the
Facility. upon the satisfaction of specified conditions to closing. Enclosed herein is a written
agreement of transfer of NPDES permit responsibility between the current permittee, Heritage,
and the new permittee, DART (the "NPDES Permit Transfer Agreement"). The NPDES Permit
Transfer -Agreement contains the expected closing date of the acquisition, March 15, 2011
("Closing Date"), which is the date that is expected to be the effective date for the transfer of
permit responsibility between Heritage and DART.
After the acquisition, DART plans to continue operating the Facility in compliance with the
NPDES permit. In accordance with Part III, Section 13.2 (page 3 of 8), Heritage is providing this
notice and requesting that the North Carolina Department of Environment and Natural
Resources ("NCDENR") approve the transfer. While the permit does not allow an automatic
transfer, 40 CFR Part 122.61, provides for an NPDES permit to be automatically transferred if (i)
the current permittee notifies EPA at least thirty (30) days in advance of the proposed transfer
date; (ii) the notice includes a written agreement between the existing and new permittees
containing a specific date for transfer of permit responsibility, coverage, and liability between
them; and (iii) EPA does not notify the existing permittee and the proposed new permittee of its
intent to modify or revoke and reissue the permit. Heritage trusts -that the NCDENR will follow a
similar procedure as it pertains to NPDES Permit NCS00312.
10CH 1028_I1$
www.heritage-enviro.com
(,,.:)HERITAGE
ENVIRONMENTAL SERVICES
Ms. Coleen Sullins
January 14, 2011
Page 2
Assuming the above -described acquisition closes on the expected closing date of March 15,
2011, this notice is being submitted within the thirty -day notice period described in 40 C.F.R.
§122.61(b)(1). Based on the foregoing, Heritage requests that all duties related to the NPDES
Permit be transferred to DART as of the Closing Date; unless Heritage and/or DART notify the
NCDENR that the acquisition has been delayed or cancelled.
During this period of transition, please send any correspondence pertaining to the transfer of the
NPDES permit to both Heritage and DART at the following addresses:
Heritage Environmental Services, LLC
7901 West Morris Street
Indianapolis, Indiana 46231
Attention: Craig Hogarth
Erik Bomireto
DART Acquistions, LLC
8647 Lyndon Street
Detroit, Michigan 48238
Please feel free to contact me by electronic mail at craip.hoparth@heritage-enviro.com or by
telephone if you have any comments, questions, or require further information.
Enclosure
CC'. E. Bomireto, DART
J. Kreger, DART
C. Maheu, LAN
D. Edwards, INI
File
10C H 1028_I16
Sincerely,
Heritage Environmental Services, LLC
Craig G. Hogarth
Director of Safety & Compliance
www. heritage- enviro.com
NPDES PERMIT TRANSFER AGREEMENT
This NPDES Permit Transfer Agreement (the "Agreement') is made and entered into this
10 day of January 2011, by and between Heritage Environmental Services, LLC ("Heritage"),
an Indiana limited liability company and DART Acquisitions LLC ("DART"), a North Carolina
limited liability company.
On December 17, 2010, Heritage entered into an Asset Purchase Agreement where
Heritage intends to transfer certain assets to DART.
The assets being transferred include assets and operations at the hazardous waste
storage facility located at 4132 Pompano Road, Charlotte, North Carolina 28216, for which
Heritage currently holds NPDES Permit No. NCS000312 ("Permits) issued by the North Carolina
Department of Environment and Natural Resource ("NCDENR"). Subject to regulatory
approvals and other conditions, the asset transfer for this facility is expected to close on March
15, 2011 CClosing Date").
Effective as of the approval of the transfer of this Permit by the NCDENR or the Closing
Date, whichever occurs later, the undersigned agree that responsibility, coverage, and liability
for the Permit, as relating to matters that are incurred and that are to be performed from and
after the time of the transfer, are to be transferred from Heritage to DART.
As of the transfer of this Permit, Heritage will relinquish responsibility for the Permit, and
DART will undertake and assume permit responsibility, coverage, and liability for the Permit.
Ddring this period of transition, please send any correspondence pertaining to the
transfer of the Permit to both Heritage and DART at the following addresses:
DART: Heritage:
DART Acquisitions, LLC Heritage Environmental Services, LLC
8647 Lyndon Street 7901 West Morris Street
Detroit, Michigan 48238 Indianapolis, Indiana 46231
Attention: Erik Bomireto Attention: Craig Hogarth
Heritage and DART have caused this Agreement to be executed by their duly authorized
representative as of the day and year first above written.
DART ACQUISITIONS, LLC
By:
Name: x4I,roTo
Title:1a5:�u�5"_
Address: 8647 Lyndon Street
Detroit, Michigan 48238
10CH1029_I18
HERITAGE ENVIRONMENTAL
SERVICES, LLC
By: 1Ac
Name: B l k g C. �A ""y l
Title:
Address: 7901 West Morris Street
Indianapolis, Indiana 46231
Sprinkle, Dina
From: Bennett, Bradley
Sent: Monday, February 28, 2011 3:13 PM
To: Hogarth, Craig
Cc: Karoly, Cyndi; Sullins, Coleen; Sprinkle, Dina
Subject: RE: Permit Transfer - Heritage Environmental Services, LLC, Charlotte NC - NCS000312
Categories: Hold
Mr. Hogarth,
We received your request. Our process for transfer of permits only takes place after the
process is completed and legal documentation is available for the changes. Below is a link
to our website that contains the forms for a name/ownership change. This details the
information needed for our processing of the name/ownership change request in addition to the
form itself. If you can fill out the form and return it along with the needed legal
documentation of the changes, we can handle the change request.
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-22
The form is third from the bottom on the site above.
Thank you.
Bradley Bennett
Stormwater Permitting Unit
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6378
Fax: (919) 807-6494
Email: bradley.bennett(@ncdenr.8ov (New Email Address)
Web: http://Portal.ncdenr.org/web/wg/ws/su
Email correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: Sullins, Coleen
Sent: Friday, February 25, 2011 1:44 PM
To: Hogarth, Craig
Cc: Bennett, Bradley; Karoly, Cyndi
Subject: RE: Permit Transfer - Heritage Environmental Services, LLC, Charlotte NC - NCS000312
Mr. Hogarth - I am forwarding your email to Bradley Bennett who is responsible for managing
our Stormwater Program and asking him to provide you with a response as to the status of your
request.
Bradley - please provide a response by Monday 2/28. Thank you.
Coleen H. Sullins, Director
Division of Water Quality
Phone: 919/807-6357
***********************************************************************************
Email correspondence to and from this address may be subject to the North Carolina Public
Records
Law and may be disclosed to third parties.
***********************************************************************************
From: Hogarth, Craig Lmailto:Craig.Hogarth@heritage-enviro.comI
Sent: Friday, February 25, 2011 12:47 PM
To: Sullins, Coleen
Subject: Permit Transfer - Heritage Environmental Services, LLC, Charlotte NC - NCS000312
Ms. Sullins,
2
I am emailing you to see if there is an update on the progress of transferring the permit as
described in the attached letter. We are currently proceeding along on this transaction, but
have not heard anything from DWQ. Please advise me when you have a moment. Thanks.
Craig Hogarth
Director of Safety & Compliance
Heritage Environmental Services, LLC
7901 West Morris Street
Indianapolis, Indiana 46231
0
3
- A&I
A
Q= -..-.. A
A= ..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 17, 2009
Ms. Janet Williams, Compliance Manager
Heritage Environmental Services, LLC
4132 Pompano Road
Charlotte, NC 28216
Subject: Compliance Evaluation Inspection
Heritage Environmental Services, LLC
Stormwater Permit Number COC NCS000312
Mecklenburg County, NC
Dear Ms. Williams:
Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report for the
inspection conducted at the subject facility on March 10, 2009, by Mr. Ron Eubanks of
Charlotte -Mecklenburg Storm Water Services (CMSWS). This inspection was conducted as part
of a cooperative working agreement between Mecklenburg County and the Division of Water
Quality. Thank you for your assistance and cooperation during the inspection.
Overall, the facility's Stormwater program was well developed and implemented and this
Office commends the permittee's efforts to ensure compliance with your NPDES permit.
The enclosed report should be self-explanatory; however should you have any questions
concerning this report or have any questions regarding your permit, please do not hesitate to
contact Ms. Marcia Allocco of this Office at (704) 663-1699.
Sincerlz
l
... ,.~�
for Robert B. Krebs
Regional Supervisor
Surface Water Protection Section
Mooresville Regional Office
Enclosure
cc: NPS-ACO Unit
Rusty Rozzelle, Mecklenburg County
Craig Miller, City of Charlotte
Mooresville Regional office
Location: 610 East Center Ave.. Suite 301 Mooresville, NC 28115 One
Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 North Carolina
Internet: www,ncwaterquality.org �atu�a!!�
An Equal Opportunity 4 Affirmative Action Employer— 50% RecycledllO% Posl Consumer paper f L
Permit: NCS000312
SOC:
County: Mecklenburg
Regjon: Mooresville
Compliance Inspection Report
Effective: 05/01/02 Expiration: 04/30/07 Owner: Heritage Environmental Services LLC
Effective: Expiration: Facility: Heritage Environmental Ser
4132 Pompano Rd
Contact Person: Chris Alvis
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Charlotte NC 28216
Title: Phone: 704-392-6276
Certification: Phone:
Inspection Date: 03110/2009 Entry Time: 10:00 AM Exit Time: 11:45 AM
Primary Inspector: Water Quality Program Meckenburg County Phone: 704-336-5449
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: Stormwater Discharge, individual
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Inspection Type: Compliance Evaluation
Page: 1
Permit: NCS000312 owner - Facility: Heritage Environmental Services LLC
Inspection pate: 03/10/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Facility Description:
Heritage Environmental Services is a permitted treatment, storage, and disposal facility. The facility is licensed and
permitted to treat and store a wide variety of hazardous and non -hazardous wastes and oils.
Compliance History:
An oil spill occurred on the property on August 30, 1998. Records indicate that approximately 500 gallons of
non -hazardous oil sludge spilled from a railcar on the rail spur on the south side of the property. The spilled oil sludge
was recovered from the gravel and placed into containers for disposal or pumped back into a railcar. The oil spill was
reported to NCDENR.
Industrial Operations/City of Charlotte Stormwater Ordinance Review:
No housekeeping problems were identified during the inspection.
Page: 2
Permit: NCS000312 Owner - Facility: Heritage Environmental Services LLC
Inspection Date: 03/10/2009 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes
No NA
NE
Does the site have a Stormwater Pollution Prevention Plan?
■
❑ ❑
0
# Does the Plan include a General' Location (USGS) map?
■
n n
❑
# Does the Plan include a "Narrative Description of Practices"?
■
❑ n
Cl
# Does the Plan include a detailed site map including outfall locations and drainage areas?
■
0 ❑
❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
■
n ❑
n
# Has the facility evaluated feasible alternatives to current practices?
■
Cl ❑
n
# Does the facility provide all necessary'secondary containment?
■
❑ Cl
❑
# Does the Plan include a BMP summary?
■
n ❑
n
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
■
n Cl
❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
■
0 n
Cl
# Does the facility provide and document Employee Training?
■
❑ n
❑
# Does the Plan include a list of Responsible Party(s)?
■
❑ ❑
❑
# Is the Plan reviewed and updated annually?
■
n 0
Cl
# Does the Plan include a Stormwater Facility Inspection Program?
■
❑ 0
❑
Has the Stormwater Pollution Prevention Plan been implemented?
■
0 n
0
Comment:
Qualitative Monitoring
Yes
No
NA NE
Has the facility conducted its Qualitative Monitoring semi-annually?
■
n
❑ ❑
Comment:
Analytical Monitoring
Yes
No
NA NE
Has the facility conducted its Analytical monitoring?
In
n
■ o
# Has the facility conducted its Analytical monitoring from Vehicfe Maintenance areas?
❑
Cl
■ ❑
Comment: No vehicle maintenance is performed at the site.
Permit and Qutfalls
Yes
No
NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
■
n
n n
# Were all outfalis observed during the inspection?
■
n
❑ n
# If the facility has representative outfall status, is it properly documented by the Division?
❑
0
■ n
# Has the facility evaluated all illicit (non stormwater) discharges?
■
n
❑ n
Comment:
Page: 3