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HomeMy WebLinkAboutNCS000100_COMPLIANCE_20100928STORM NVATER-DIVISI0111�CODI NG-SK EET- PERMIT NO. N C SRO l �JO DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION X COMPLIANCE ❑ OTHER DOC DATE ❑ a- Ol 009l�-1 YYYYMMDD • P A Y� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 28, 2010 Mr. Marty R. Stewart Environmental Engineer Performance Fibers, Inc. 338 Pea Ridge Road New Hill, NC 27562 Subject: Compliance Evaluation Inspection (CEI) Performance Fibers, Inc. Stormwater Permit Number NCS000100 Chatham County Dear Mr. Stewart: On September 16, 2010, Tom Ascenzo and Vicki Webb of the Raleigh Regional Office conducted a compliance evaluation inspection of the facility. Your help was appreciated as it facilitated the inspection process. The following observations were made: 1. Performance Fibers, Inc. is authorized to discharge stormwater from the facility located at Performance Fibers, Inc., 338 Pea Ridge Road, New Hill in Chatham County. The facility discharges into the receiving waters designated as an unnamed tributary to Haw River, a classified WS-IV stream and Shaddox Creek, a classified WS-IV stream in the Cape Fear River Basin. 2. All components of the Stormwater Pollution Prevention Plan (SP3) were present including: detailed site map with labeled storm outfali, a list of potential contaminants, a spill and response plan, a narrative describing BMPs, and a contact list of whom to contact in an emergency. Employee training records were on -site. This facility maintains good housekeeping practices. The files are kept in a well organized fashioned. Such order eased the file review process. 3. Qualitative and quantitative inspection records were available for review and appeared complete. 4. The facility contains four stormwater outfalls. All four of the facility's stormwater outfalls were observed during the inspection. Outfall 002 had overgrown vegetation. This outfall should be cleaned immediately. This was discussed with Mr. Stewart during the inspection. None hCarohna Naturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791.4200 Customer Service Internet: www.newaterquality.org 1628 Mail Service Center Raleigh, NC 27590.1628 FAX (919) 788.7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Performance Filers}CEI„; •, ` Stormwater PermitNumber' CS0001046 • Chatham';County The overall conditions of the Performance Fibers, Inc. stormwater program are compliant with Division standards. If you have any questions regarding the attached report or any of the findings, please contact Vicki Webb at (919) 791-4200 (or email: Vicki. Webb(a)ncdenr,gov_). Sincerely, Vicki Webb Environmental Specialist Cc: RRO Central Files Brian Lowther (Stormwater permitting Unit) Permit: NCS000100 SOC: County: Chatham Region: Raleigh • 0 Compliance Inspection Report Effective: 09/01/05 Expiration: 08/31/10 Owner: Performance Fibers Inc Effective: Expiration: Facility: Performance Fibers, Inc. 338 Pea Ridge Rd Contact Person: William Boyer Title: Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permita: Inspection Date: 09116/2010 Entry Time: 11:50 AM Primary Inspector: Vicki Webb Secondary Inspector(a): tam ascenzo Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) New Mill NC 27562 Phone: 919-545-3154 Certification: Phone: Exit Time: 0 1: 00 PM Phone: Phone: Inspection Type: Compliance Evaluation Page: 1 � � 1 Permit: NCS000100 Owner - Facility: Performance Fibers Inc Inspection Date: 09/16/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page: 2 Permit: NCS000100 Owner - Facility: PerfoFinance Fibers Inc Inspection Date: 0911612010 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? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does 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 alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spilt 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? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ Cl ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitorin Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ' ■ ❑ ❑ ❑ Comment: Outfall 002 has overgrown vegatation and should be cleaned. Page: 3 �LV-VYWA Ad NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 31, 2009 Mr. Charles Powell, Jr. Environmental/Industrial Hygiene Leader Performance Fibers 338 Pea Ridge Road New Hill, NC 27562 Subject: Compliance Evaluation Inspection (CEI) Performance Fibers NPDES Permit Number NC0001899 St6fm— water -Permit. Number_NCS000100 Chatham County T Dear Mr. Powell: Dee Freeman Secretary On August 13, 2009, Ms. Vicki Webb of the Raleigh Regional Office conducted a compliance evaluation inspection of the facility with the assistance of Mr. Larry Murray, ORC of the facility, Mr. Greg Gardner, Utilities Leader, and yourself. All help was appreciated as it facilitated the inspection process. The following observations were made: NCO001899 1. Performance Fibers, Inc. is authorized to discharge wastewater from the facility located at Performance Fibers, Inc. WWTP, East of Moncure off Pea Ridge Road in Chatham County. The permit expires July 31, 2011. The facility's outfall #001 containing the treated wastewater discharges into the receiving waters designated as Haw River, a stream classified as WS-IV waters within the Cape Fear River Basin. The facility's outfall #002 discharges into an unnamed tributary of Shaddox Creek, classified as WS-IV waters in the Cape Fear River Basin. 2. Performance Fibers WWTP is currently permitted to discharge at a rate of 0.244 MGD and consists of: a sanitary flow bar screen and grinder, process wastewater bar screen, neutralization chamber, aeration basin, secondary clarifier, sludge drying bed, polishing pond, chlorine gas disinfection (not in use) and a chlorine contact chamber. 3. Performance Fibers has a Iaboratory certification to analyze pH, temperature and D.O. All other parameters are sent to Pace Analytical for analyses. It was noted during the inspection that the pH 4 and 7 buffer was out of date. Mr. Murray confirmed that they had new buffers to use and was in the process of changing the expired buffer out with new buffers. oce NhCarolina Naturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internet: www.newaterquality.org 1628 Mail Service Center Raleigh, NC 27699.1628 FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper C_ Pecfo'rmanc Fibers GEi} NPDES Permit Number NC0001899 St'oMa e'r Permit Number NCS000100 Chatham County 4. The sludge from the facility is hauled by Allied Waste and disposed of in a landfill in Virginia. 5. A file review of the plant records indicated that all records are being kept as required. A comparison of the July 2008 and April 2009 DMRs indicated no discrepancies. 6. Mr. Powell is keeping all of the files well organized, which eased the file review process. 7. The flow meter is calibrated on a quarterly basis. The last calibration was completed in May 2009. NCS00O10O 8. An inspection of the facility's storm water permit (NCS00O10O) was conducted. The storm water program is in excellent condition. 9. All components of the Stormwater Pollution Prevention Plan (SP3) were present including: detailed site map with labeled storm outfall, a list of potential contaminants, a spill and response plan, a narrative describing BMPs, and a contact list of whom to contact in an emergency. Employee training records were on -site. This facility.maintains good housekeeping practices. The files are kept in a well organized fashioned. Such order eased the file review process. 10. Qualitative and quantitative inspection records were available for review and appeared complete. 11. The facility contains three stormwater outfalls. All three of the facility's stormwater outfalls were observed during the inspection. - The overall conditions of the Performance Fibers W WTP and stormwater program are compliant with Division standards. If you have any questions regarding the attached report or any of the findings, please contact Vicki Webb at (919) 791-4200 (or email: Vicki.Webb@,,ncdenr.g_ov). Sincere' Vicki Webb Environmental Specialist Cc: Mr. Larry Murray, Performance Fibers Vicki Webb - RRO Central Files Permit: NCS000100 SOC: County: Chatham Region: Raleigh Compliance Inspection Report Effective: 09/01/05 Expiration: 08/31/10 Owner: Performance Fibers Inc Effective: Expiration: Facility: Performance Fibers, Inc. 338 Pea Ridge Rd Contact Person: William Boyer Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: New Hill NC 27562 Title: Phone: 919-545-3154 Certification: Phone: Inspection Date: 08/13/2009 Entry Time: 09:00 AM Exit Time: 12:00 PM Primary Inspector: Vicki Webb S A',3 Phone: 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 r Permit: NCS000100 Owner - Facility: Performance Fibers Inc Inspection Date: 08/13/2009 Inspection Type: Compliance Evaluation Reason for Viaft: Routine Inspection Summary: Page: 2 r Permit: NCS000100 Owner - Facility: Performance Fibers Inc Inspection Date: 08/13/2009 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? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? 1111111000 # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does 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 alternatives 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? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: everything looks great at this site.. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ 110 # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment: Page: 3 arC WArFi9 �. Michael F. Easley, Governor William G. Ross, Jr., Secretary y North Carolina Department of Environment and Natural Resources Q ^C Coleen H. Sullins, Director Division of Water Quality March 24, 2008 Mr. Charles Powell, Jr. Environmental/industrial Hygiene Leader Performance Fibers 338 Pea Ridge Road New Hill, NC 27562 Subject: Compliance Evaluation Inspection Performance Fibers NPDES Permit Number NC0001899 Stormwater Permit Number;NC5000-100', " Chatham County Dear Mr. Powell: On March 20, 2008, Ms. Stephanie Brixey of the Raleigh Regional Office conducted a compliance evaluation inspection of the facility with the assistance of Mr. Larry Murray, ORC of the facility, Mr. Greg Gardner, Utilities Leader, Mr. Herb Highfill, Consultant, and yourself. All help was appreciated as it facilitated the inspection process. The following observations were made: 1: Performance Fibers WWTP is currently permitted to discharge at a rate of 0.244 MGD and consists of: a bar screen and grinder, aeration basin, neutralization chamber, secondary clarifier,. sludge drying bed, polishing pond, chlorine gas disinfection (not in use) and a chlorine contact chamber. Outfall 4001 contains the treated wastewater and discharges into the Haw River, classified as WS-IV waters in the Cape Fear River Basin. Outfall #002 discharges into an unnamed tributary of Shaddox Creek, classified as WS-IV waters in the Cape Fear River Basin. 2. Performance Fibers has a laboratory certification to analyze pH, temperature and D.O. All other parameters are sent to Pace Analytical for analyses. 3. The sludge from the facility is hauled by Allied Waste and disposed of in a landfill in Virginia. 4. A review of the plant records indicated that all records are being kept as required. A comparison of the November 2007 to January 2008 DMRs indicated no discrepancies. The facility had not submitted the results of the OCPSF analysis for 2007. During the inspection Mr. Powell made me a copy of the 2007 and 2008 results. 5. The flow meter is calibrated on a quarterly basis. The last calibration was completed in October 2007. �r Caro ' a �lVRtucu;' jJ North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 An Equal Opportunity/Affirmative Action Employer— 50% Recycied110% Post Consumer Paper Phone (919) 791-4200 Customer Service FAX (919)571-4718 1-877-623-6748 Performance Fibers NPDES Permit No. NCO001899 Stormwater Permit No. NCS000100 Chatham County 6. An inspection of the facility's storm water permit (NCS000100) was conducted. The storm water program is in excellent condition. 1. Mr. Powell is in the process of updating the SPPP plan. fral VRn ,-.1 —2--- AntlyticalYar(d qualitative monitoring was performed as required in 2007. .................,..� 3. Outfalls #2, #3 and #4 were observed during the inspection. Each area was maintained and no problems were noted. 7. The files and data are kept in a well organized fashioned. Such order eased the file review process. The overall conditions of the Performance Fibers WWTP and stormwater program are compliant with Division standards. If you have any questions regarding the attached report or any of the findings, please contact Stephanie Brixey at (919) 791-4200 (or einail: stephanie.brixey@ncmail.net). Sincerely, Stephanie Brixey Senior Environmental Specialist Cc: Mr. Larry Murray, Performance Fibers Stephanie Brixey - RRO Central Files �j f Compliance Inspection Report Permit: NCS000100 Effective: 09/01/05 Expiration: 08/31/10 Owner: Performance Fibers Inc SOC: Effective: Expiration: Facility: Performance Fibers, Inc, County: Chatham 338 Pea Ridge Rd Region: Raleigh New Hill NC 27562 Contact Person: William Boyer Title: Phone: 919-545-3154 Directions to Facility: System Classifications: Primary ORC: . Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 03/20/2008 Entry Time: 09:30 AM Exit Time: 12:00 PM Primary Inspector: Stephanie Brixey •- Q�)Ai, (�f � Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Stormwater Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 01 Permit: NCS000100 Owner - Facility: Performance Fibers Inc Inspection pate: 03/20/2008 Inspection Type: Stormwater Reason for Visit: Routine Inspection Summary: Page: 2 i Permit: NCS000100 Owner - Facility: Performance Fibers Inc Inspection Date: 03/20/2008 Inspection Type: Stormwater Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No. NA NE 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"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including cutfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives 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? k ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Mr. Powell is in the process of updating the SPPP. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ Cl ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Analytical monitoring was performed 4/27/2007 and a letter was in the file documenting that there was no significant rainfall between Sept. and Nov. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ■ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? Cl ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page: 3 Permit: NCS000100 Owner - Facility: Performance Fibers Inc Inspection Date: 03/20/2008 Inspection Type: Stormwater Reason for Visit: Routine Comment: Outfall #1 was not observed. Outfall #2, 3 and 4 were observed during the inspection. Page: 4 i w A 7- Michael F. Easley. (4wcrnor �0 QG William G, Ross, ,Ir, Secretary North Carulina Departincnt ui' 1=Irviranmcnt and Nillural Resources p Alan W. Klimek. P E., Director Division of Water Quality November 3, 2005 Mr. W. Boyer, Leader Environmental & Industrial Hygiene Performance Fibers, Inc. 338 Pea Ridge Road New Hill, North Carolina 27562 Subject: Compliance Evaluation Inspections Performance Fibers, Inc. NPDES Permit No, NCOOO1899 Stormwater Permit No. NCSOOO100 Chatham County Dear Mr. Boyer: Enclosed are checklists transmitting the findings of the subject inspections which I conducted on June 14, 2005. You, Larry Murray, Michael Borchers and Mr. Cranza McKoy represented Performance Fibers during the inspection. Your cooperation and assistance is appreciated. As a result of the inspections, I offer the following comments and recommendations: I ) The wastewater treatment facilities for Pipe 001 are permitted for 0.244 MGD and consists of an influent mixing basin for process wastewater with sulfuric acid addition as needed, a spill pond, a 650,000 gallon aeration basin with four floating aerators, clarifier, sludge drying bed, 2 alum ponds for waste from a water treatment plant, polishing pond, chlorine contact chamber, and effluent flowmeter with discharge to the Haw River. Pipe 002 discharges water form the fire pond overflow, condensate and stormwater to an unnamed tributary to Shaddox Creek. 2) A review of the plant records indicated that all records are being kept as required. A comparison of the January 2005 DMR indicated no discrepancies. A review of the data submitted for the facility from July 2004 through June 2005 indicated compliance with the final effluent limits and monitoring requirements contained in the NPDES Permit, 3) The effluent appeared clear with no floating solids. 4) Stormwater records were reviewed and found to be satisfactory. All stormwater outfalls were observed and no problems were noted. If you have questions concerning this report. Please contact me at (919) 791-4200. Sincerely, r � Jt�yty Cilrrett Glrt/1.l Environmental Chemist Cc: EPA Chatham County Health Department N°°,osthCarulina ,/V!ltllCll��lf North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.ne.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 57 t-4718 1-877-623-6748 An Equal Opportun4/Affirmative Action Employer — 50% Recycledll G% Post Consumer Paper 4�f United States Environmental Protection .agency Form Approved, EPA Washington, DC, 20460 OMB No. 204MO57 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 j 2 Irl 31 NC3000100 I11 121 05/06/14 117 181rl 191 sl 201 I LJ U L1 IJ Remarks 2111111111111111111111 11111111 IIII Ills 1111 1111111 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA ------------- Reserved------------ 67 I 1 69 70 LJ 71 U LI 72 73 LLl 74 751 1 1 1 1 1 L 1 60 u � �l Section 8: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:30 PM 05/06/14 00/04/28 Performance Fibers Inc - Moncure, NC Facility Exit Time/Date Permit Expiration Date 338 Pea Ridge Rd New Hill N(' 27562 04:30 PH 05/06/14 04/11/30 Name(s) of Onsite Representative(s)Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible OfflcialMitle/Phone and Fax Number ontacted C Aie:c GiCnevale, PO Box 166 Moncure ,NC. 27559//919-545-3154/91954512 8 Nn Section C: Areas evaluated During Inspection (Check only those areas evaluated) Permit ■ Records/Reports Self -Monitoring Program E Facility Site Review Effluent/Receiving Waters Section D: Summalt of Findin Comments (Attach additional sheets of narrative and checklists as necessa ) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Judy E Garrett kR0 WQ//919-571-4700 Fxt.270/ Signature of Management Q A Reviewer AgencylOffice/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type 3� NCS000100 111 121 05/06/14 1I17 18 U Section D: Summaryof Finding/Comments (Attach additional sheets of narrative and checldists as necessary) • 0 Permit: NCS000100 Owner - Facility: Performance Fibers Inc - Moncure, NC Facility Inspection Date: 06/14/2005 Inspection Type: Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Yes No NA NE 1M'u 1``���15i11 A r�RQG 'A0 MA- 0 Nii `C I. II. 2005 j Michael F. Easley Governor William G. Ross Jr., Secretary wsT-R UALITY orth Carolina Department of Environment and Natural Resources - afar Branca YMetiands & Stogy Alan W. Klimek, P.E., Director Division of Water Quality WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Permit Number: or Certificate of Coverage Number: NICIGI 1. Permit holder's name: Honeywell International Inc. 2. Permit's signing officials name and title: Don Reterson (Person legally responsible for permit) Plant Manager (Title) ......._._._ 3. Mailing address: P.O. Box 166 City: Moncure State: xr. Zip Code: — 27 559 NEW OWNER/NAME INFORMATION: 1. This request for change is a result of: ® Change in ownership of company ® Change in ownership of property/facility ❑ Other (please explain): 2. Owner/Operator Information Phone: ( 919 )54.5-31_ 14 ® Name change for company ® Name change for property/facility Company or Owner or Operator Name: Performance Fibers, Inc. (name to be put on permit / certificate of coverage) Owner's/operator's or signing official's name: Don Peterson Title: Plant Manager Owner Contact: Don Peterson Title: Plant Manager Mailing address: 338 Pea Ridge Road City: New Hill. '',; State: NC Zip Code: 27562 Phone: ( 919) 545-3114 E-mail address: donald.peterson@honeywell.com 3. Facility Information Facility Name: Performance Fibers; .Inc. Facility Contact: William L_ BoyAr Title: Leader Environmental Facility Mailing address: 338 Pea Ridge Road City: New Hill State: NC Zip Code: 27562 Phone:( 919) 545-3154 E-mail address: bill, o e hone e . com 5WU-239.080102 Ito PERMIT NAME / OWNERSHIP CHANGE FORM 4. Permit Contact Information (if different from facility contact) Permit Contact: Title: Mailing address: City:_ State: Zip Code: Phone: E-mail address: THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) Certification must be completed and signed by both the current permit holder and the new applicant in the case of change of ownership. For name change only, complete and sign the application certification. Current Permittee's Certification: 1 Don Peterson , attest that this application for 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 and attachments are not included, this application package will be returned as incomplete Signature: Date: Applicant's Certification: 1 Don Peterson , 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 and attachments are not included, this application package will be returned as incomplete. Signatur Date: I U C-3 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: SWU-239-080102 Point Source Branch Attn: Valery Stephens Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Performance Vo' Fibers DELEGATION OF AUTHORITY - HEALTH, SAFETY & ENVIRONMENTAL (HSE) MATTERS I, Gregory Rogowski, Chief Executive Officer of Performance Fibers, Inc., (the "Corporation"), pursuant to the authority delegated to my position, do hereby further delegate to the individual occupying the positions of Plant Manager, and HSE Leader & Product Steward, the authority to execute for and in the name of the Corporation, all applications, permits, reports or such other documents as may be required by reason of federal, state or local laws and regulations relating to the environment, occupational health, personnel safety or product safety and involving matters for which this individual has supervisory responsibility. QL- Gregory S. Rogowski Chief Executive Officer PERFORMANCE FIBERS 1 15801 WOODS EDGE ROAD I COLONIAL HEIGHTS, VIRGINIA 23834 1 804 520 3500 BILL OF SALE, ASSIGNMENT, AND ASSUMPTION AGREEMENT This BILL OF SALE, ASSIGNMENT, AND ASSUMPTION AGREEMENT (this "Bill of Sale") is made as of December 21, 2004, by and among Performance Fibers Enterprises, Inc., a Delaware corporation ("Purchaser"), Performance Fibers, Inc., a Delaware corporation (the "Identified Purchaser Designee"), Honeywell International Inc,, a Delaware corporation ("Hone)owell"), and the other entities listed on the signature page hereof (Honeywell and each such entity (other than Purchaser and the Identified Purchaser Designee) is referred to individually as a "Seller" and collectively as "Sellers'). Unless otherwise defined herein, capitalized terms are used herein as defined in the Asset Purchase Agreement dated as of November 2, 2004 (the "Asset Purchase Agreement"), by and among Sellers and Purchaser. BACKGROUND WHEREAS, pursuant to the Asset Purchase Agreement, Purchaser has agreed to purchase the Assets and assume the Assumed Liabilities from Sellers and Sellers have agreed to sell the Assets and transfer the Assumed Liabilities to Purchaser; WHEREAS, Purchaser has designated the Identified Purchaser Designee as the entity that will purc hase the Assets and assume the Assumed Liabilities, all in accordance with the Asset Purchase Agreement (and in each case subject to the Alternative Transfer Documents (as defined below)); and WHEREAS, pursuant to due authorization, Sellers are executing and delivering this Bill of Sale for the purpose of granting, selling, conveying, assigning, transferring, and delivering to the Identified Purchaser Designee all of Sellers' right, title, and interest in and to the Assets (except to the extent that any such right, title, and interest is expressly granted, sold, conveyed, assigned, transferred, or delivered to Purchaser, the Identified Purchaser Designee, or any other Purchaser Designee pursuant to any other document or instrument of transfer duly executed and delivered at Closing by any Seller to Purchaser, the Identified Purchaser Designee, or any such other Purchaser Designee (each and every such other document or instrument of transfer, an "Alternative Transfer Document")), and the Identified Purchaser Designee is executing and delivering this Bill of Sale in order to confirm to Sellers the undertaking of the Post -Closing Business Liabilities and the assumption by the Identified Purchaser Designee of the Assumed Liabilities (except to the extent undertaken and assumed by Purchaser or any other Purchaser Designee pursuant to any Alternative Transfer Document); AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and in the Asset Purchase Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Sellers, Purchaser, and the Identified Purchaser Designee hereby agree as follows: 1. Sellers hereby grant, sell, convey, assign, transfer, and deliver to the Identified Purchaser Designee, all of Sellers' right, title, and interest in and to the Assets, except in each case as and to the extent otherwise expressly granted, sold, conveyed, assigned, transferred, or delivered to Purchaser or any other Purchaser Designee pursuant to any Alternative Transfer Document, provided that numbered paragraph 4 of this Bill of Sale shall apply. 2. The Identified Purchaser Designee hereby assumes and shall hereafter perform, pay, and discharge promptly and fully the Assumed Liabilities, when due, except in each case as and to the extent assumed by Purchaser or any other Purchaser Designee pursuant to any Alternative Transfer Document. 3. The parties to this Bill of Sale acknowledge and agree that, for all purposes under this Bill of Sale, the Identified Purchaser Designee shall be deemed to be the "Purchaser" as such term applies to any Asset and any Assumed Liability and to any responsibility for any Post -Closing Business Liabilities to the extent arising under Section 4.4 of the Asset Purchase Agreement, except in each of the foregoing cases as and to the extent such Asset has been transferred to, such Assumed Liability has been assigned to and assumed by, or such Post -Closing Business Liabilities have been undertaken by, the Purchaser or any other Purchaser Designee pursuant to any Alternative Transfer Document. 4. The parties to this Bill of Sale acknowledge and agree that Section 2.4 of the Asset Purchase Agreement shall apply to the Identified Purchaser Designee to the same extent that such Section 2.4 is and was applicable to Purchaser. 5. Except as set forth in the Asset Purchase Agreement, nothing in this Bill of Sale shall confer any rights upon any Person other than Sellers, Purchaser, the Identified Purchaser Designee, and their respective successors and permitted assigns, 6. Neither the making nor the acceptance of Us Bill of Sale shall enlarge, restrict, or otherwise modify the terms of the Asset Purchase Agreement or constitute a waiver or release by Sellers, Purchaser, or the Identified Purchaser Designee of any Liabilities, duties, or obligations imposed upon any of them by the terms of the Asset Purchase Agreement. 7. In the event of a conflict between the terms of this Bill of Sale and the terms of the Asset Purchase Agreement, the terms of the Asset Purchase Agreement shall govern, supersede, and prevail, including without limitation that Article 15 of the Asset Purchase Agreement shall constitute the exclusive remedy for any misrepresentation or breach of warranty or covenant contained in or arising under this Bill of Sale. S. This Bill of Sale shall be binding upon, inufe to the benefit of, and be enforceable by the respective successors and permitted assigns of each Seller, Purchaser, and the Identified Purchaser Designee. 9. This Bill of Sale shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the State of New York, disregarding any conflict of laws provisions which may require the application of the law of another jurisdiction. Any dispute arising in connection with this Agreement shall be settled in accordance with Section 16.9 of the Asset Purchase Agreement and the provisions of Section 16.9 of the Asset Purchase Agreement shall apply to each of the parties hereto. 10. This Bill of Sale may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute and be the same instrument. A facsimile signature or electronically scanned copy of a signature shall constitute and shall be deemed to be sufiicicnt evidence of a parry's execution of this Bill of Sale, without necessity of further proof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1-P1l139042.5 IN WITNESS WHEREOF, this Bill of Sale has been executed by Purchaser, the Identified Purchaser Designee, and Sellers as of the date first written above. PERFORMANCE FIBERS, INC. By: Name:„; Li Tittle: we- q oc id ey)V - -P vV n(C. PERFORMANCE FIBERS ENTERPRISES, INC. By:��1� Name: Title: V ;fl �r`5rderrE �l'ItQ{1CL HONEYWELL INTERNATIONAL INC. By: Name: Martin B. Helfant Title: Vice President Corporate Development HONEYWELL INTELLECTUAL PROPERTIES, INC. By:_ Name: Title: Martin B. Helfant Authorized Signatory HONEYWELL (CHINA) CO., LTD. By: Name: Martin B. Helfant Title: Authorized Signatory [Signature page to 13111 of Sale, Assignment, and Assumption Agreement] IN WITNESS WHEREOF, this Bill of Sale has been executed by Purchaser, the Identified Purchaser Designee, and Sellers as of the date first written above. PERFORMANCE FIBERS, INC. By: Name: Title: PERFORMANCE FIBERS ENTERPRISES, INC. By: Name: Title: HONEYWELL INTERNATIONAL INC. By: Na : Max n 8 • 1i e.l f a rt T le: Viet Presid�rt~l Carport:» De-*'e-1oP'4 HONEYWELL INTELLECTUAL PROPERTIES, INC. By: Name ar ' n B • iT c l f cLn 't' Title/ Avt-Ylori'ted Signo�tory HONEYWELL (CHINA) CO., LTD. By: Name: Nta.rti r% Me -if ant Title: A,;t-nor%Ze=j Si3ncL}o,ry [Signature page to Bill of Sale, Assignment, and Assumption Agreement] low HONEYWELL POLYMERS S.A.S. By: 11-� I /T Nam Morfin B. Nc1 f4Lnfi Titld: Aut?7orized Si5yjc-tort' HONEYWELL PERFORMANCE FIBERS S.A.S. By: n4 /�/— Namelt.+t oar }i a L-�r. n } Title: Au th o r l z cd• s ; cj r%cx j-o ry HONEYWELL INTERNATIONAL FINANCE CORPORATION By' ) (/I— e: Marti" l3. ' H z i f O-'n+ Title: Avtnar ized Si9n�fory [Signature page to Bill of Sale, Assignment, aad Assumption Agreement) �7 Performance V*'0 Fibers January 3, 2005 Mr, Alan Klimik, Director N.C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Request for Transfer of Permits Performance Fibers, Inc. 338 Pea Ridge Road New Hill, NC 27562 Dear Mr. Klimik: Performance Fibers Enterprises, Inc. (PFEI), an affiliate of Sun Capital Partners, Inc., purchased the Performance Fibers business from Honeywell International Inc. (Honeywell) on December 21, 2004. Pursuant to the transaction Honeywell has transferred to PFEI and its designees, including its subsidiary Performance Fibers, Inc. (PFI), substantially all of the business assets of Honeywell's Performance Fibers business unit, including the manufacturing plant located at 338 Pea Ridge Road, Chatham County, North Carolina. Change Ownership/Facility Name To: Performance Fibers, Inc. Change Facility Address To: 338 Pea Ridge Road New Hill, NC 27562 Performance Fibers, Inc. requests that the following permits for its facility located at 338 Pea Ridge Road, New Hill, NC be transferred from Honeywell to Performance Fibers, Inc.: NPDES Permit No. NC0001899 Stormwater Permit No. NCS000100 Residuals Land Application Pernut No. WQ0023197 Copies of this letter along with the appropriate permit name/ownership change forms are being sent to the Sections or Units of the Division of Water Quality that administer these permit programs. Performance Fibers, Inc. is responsible for, and will abide by, the terms and obligations of the North Carolina permits issued to, or applied for by Honeywell for this facility. The administrative and technical contacts at the facility have not changed. The Plant Manager is Mr. Don Peterson and I will continue to serve as the technical contact. Please forward this letter to other persons in the Division of Water Quality that administer facility mailing/contact change to avoid future disruption in communications. Should you have any questions, please call me at (919) 545-3154. Sincerely, W. L. Boyer, REM7 Leader Environmental & Industrial Hygiene PEt.FCjF-tAlkNCr FIBERS 1 138 "EA RlDr;! ROAD I NEW WLl. NOR CH CAPOLINA 27'iG2 1 919 54,'-2"NiO �..� t January 3, 2005 JAN - 5 2005 T;' Mr. Alan Klimik i Page 2 of 2 �D Fit R f�r';i i ► I ,�L 0FF1Gf z cc: Mr. David A Goodrich Mr, Ken Schuster, P.E. Head, Point Source Branch Regional Water Quality Supervisor N.C. Division of Water Quality N.C. Division of Water Quality 1617 Mail Service Center 1628 Mail Service Center Raleigh, NC 27699-1617 Raleigh, NC 27699-1628 Enclosure: ' WQS Permit Name/Ownership Change Form SWU-239-102501 Mr. Bradley Bennett Supervisor, Stormwater Unit N.C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Enclosure: Permit Name/Ownership Form SWU-239-080IO2 Ms. Kim H. Colson, Supervisor Land Application Permits and Compliance Unit N.C. Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Enclosure: Permit Name/Ownership Change Form PNOCF 06/00 Mr. Kent Wiggins Laboratory Section Chief N.C. Division of Water Quality 1623 Mail Service Center Raleigh, NC 27699-1623 Re: Field Service Lab 1D 5024 Mr. Jimmie R. Overton Section Chief Environmental Sciences Section 1621 Mail Service Center Raleigh, NC 27699-1621 Mr. Kirk Stafford N.C. Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Mr. James Meyer Certification Branch Manager N.C. Division of Water Quality 1623 Mail Service Center Raleigh, NC 27699-1623 Mr. Matt Matthews Aquatic Toxicity Unit Supervisor Environmental Sciences Section 1621 Mail Service Center Raleigh, NC 27699-1621