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HomeMy WebLinkAboutNCGNE0250_COMPLETE FILE - HISTORICAL_20110105STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. Nc c, /"" DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ ��� %� US YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director .larluary 5, 2011 Sheila W. Higgins Marshall Flexiblcs LLC - Marshall Flexibles LLC 100 Kenpak Lane Marshall, NC 28753 Dear Pcrinittec: Dee Freeman Secretary Subject: Rescission of NPDES Stonmwater Permit Certificate or Coverage Number NCGNI-0250 Marshall Flexibles LLC - Marshall Flexibles LLC Madison County On l 2/15/2010, the Division of Water Quality received your request to rescind your coverage under Certificate of Coverage Number NCGNI 0250. In accordance with your request, Certificate or Covcrage Number NCGNE0250 is rescinded effective immediately. Operating a treatment facility, discharging; wastewater or discharging specific types of stormwatcr to waters of the State without valid coverage under an NPDES permit will subject the responsible party to a civil penalty of up to S25,000 per day. It is the intention of DWQ that enforcement proceedings will occur for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit coverage was necessary. If, in retrospect, you feel the site still requires permit coverage, you should notify this office immediately. Furthermore, irin the future you wish to again discharge to the State's surface waters, you must first apply for and receive a new NI'DES permit. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Brian Lowther at (919) 807-6368, or the Water Quality staff in our Asheville Regional Office at NPDLS SW. Sincerely, e� ifcll� for Colecn I -I. Sullins, Director cc: Asheville Regional Office Stormwater Permitting Unit Iran McPherson, DWQ Budget Off -ice Wetlands and Stormwater Branch olle 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Nof-thCarol ina Locations 512 N. Salisbury 5l. Raleigh, North Carolina 27604 l�� Phone: 919.807.63001 FAX: 919-807-64941 CustomN�t1,��s/ Customer Service: 1-877-623.6748 Li Internet www.ncwaterquality.crg An Equal Opportunity 1 Affirmative 40on Employer QT3 @c�od�� F-ANO 5 2011 A "L �-'A No .CD ems... , a. E.vkRo,,C,7 b 0 Nwr RES CCS 549110 DEC 14, 2010 ACT WT LTR t1PK 1 SERVICE IDA BILL UT LTR TRACKINGN 1Z5491100145763758 ALL CURRENCY USD REF 1:STORMUATER REF 2: Division of Water Quality 1 Surl HANDLING CHARGE 0.00 FRT: SHP SHIPMENT PUB RATE CHARGES: SVC 20.63 USD National Pollutant Discharge I DV 0.00 COD 0.00 RS 0.00 DC 0.00 DGD 0.00 AH 0.00 PR 0.00 ROD 0.00 RESCISSION REQU TOT PUB CHG 20.63 PUB+HANDLING 20.63 Please fill out and return this form if you no longer need to maintain your NPDES stormwater permit. 1) Enter the permit number to which this request applies: Individual Permit (or) Certificate of Coverage N C�: '5hN„�CjG� N E 0 2 5 0 2) Owner/Facility Information: * Final correspondence will be mailed to the address noted below Owner/Facility NameMarshallFlexibles, LLC. Facility Contact Street Address City County Telephone No. Sheila W. Higgins 100 Kenpak Lane Marshall Madison 828 649-3114 StateNC ZIP Code 28753 E-mail Address shiggins@printpack.com Fax: 828-649-3590 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): ( I ❑ Facility closed or is closing on x:. ,.jl' . All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. 0 Facility sold to Print�� packmrl @ on 9/10/2010 . If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. ❑ Other: 4) Certification: I, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accurate. Signature Date Jib Print or type name of person signing above Title Please return this completed rescission request form to: SW NPDES Permit Coverage Rescission Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1;17 Mr ii S_rP-^ C�n;�r, Pa':y�,11 rh Car�lira 27„9-i^17 Ln=!c-: 512 ti, Salistur/ S-� Ra'a gh, Ncr' Ca, lira 27;:014 (jn 11@fuw�i JAN 0 5 Z011 Job Printpc�ck inc. 2800 OVERLOOK PARKWAY. • ATLANTA, GA 30339 - 6240 • PHONE 404-460-7000 11.0. BOX 723608 • ATLANTA, GA 31139 — 0608 9/17/10 (RESPECTIVE SUPPLIERS) To Whom It May Concern: Effective September 10, 2010, Printpack Inc. will be the new owner of the Marshall, NC facility, previously owned by Amcor Medical Flexibles. We are instructing you to submit invoices after this effective date to: Printpack Inc. 100 Kenpak Lane Marshall, NC 28753 "The purchase order number will need to be referenced on all invoices. If you have any questions, please do not hesitate to contact either Bryan Falk at 404-460-7145, or Vonda Braun at 828-649- 3326. Thank you for your continued support. Respectively yours, "Tripp Seitter Director, Supply Chain Management Division of Water Quality 1 Surface Water Protection NCDENRNational Pollutant Discharge Elimination System R .,MCAROo , , RESCISSION REQUEST FORM E�+�narrurr ua0N r+-.rw.� raeaaincea FOR AGENCY USE ONLY Date Received Year Month Day Please fill out and return this form if you no longer need to maintain'your NPDES stormwater permit. 1) Enter the permit number to which this request applies: Individual Permit (or) Certificate of Coverage N I C I S N C I G I N I E 1 0 1 2 1 5 0 2) Owner/Facility information: " Final correspondence will be mailed to the address noted below Owner/Facility NameMarshallFlexibles, LLC. Facility Contact Street Address City County Telephone No. Sheila W. Higgins _ 100 Kenpak Lane_ Marshall Madison 828 649-3114 StateNC ZIP Code 28753 E-mail Address shiggins@printpack.com Fax: 828-649-3590 3) Reason for rescission request (This is required information. Attach separate sheet if necessary): ❑ Facility closed or is closing on F­71 . All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ® Facility sold to Printpack, Inc. on 9/10/2010 . If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. ❑ Other: 4) Certification: I, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information is true, complete and accurate. Signature i TrrIt 'ae,s Print or type name of person signing above Please return this completed rescission request form to: 1617 Mall Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919-807-6300 I FAX: 919-807-6492 I Customer Service: 1-877-623-6748 Internet: www.nmaterquality.org An Equal Opportunity 1 Affirmative Action Employer Date l .Z/J y/JD `platJ 06khO- Title SW NPDES Permit Coverage Rescission Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 L Nne orth Am s4 UNi7E0 BTATE3 UNTTEn sTATEs MARSHALL OUAORANOLE 3� DEPARTMENT OF 7I46 INTERION TFNNESSEE VALLEY AUTHORITY NORTH C.AROLINA S 14pa l:wlyv..I ..w..rx. xr� .�•.N. w. aoarc n.ru. sr. :. n rn W r wr u v ua01w b »wr Y :.uiuwrlar�+r w-r:ww•�rirr a �� ...wn.�w..•w..'...� �ww Tab n �[rw Mr. MARSHALL, N. C, rwuunAY. .vrrwr.�rww.w fw RY..ww,....r Ad' A NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 31, 2010 RAMIRO MARI:'INFs% VICES PRI--SIDE--N,F MARSHALI. ]7`LI3XI13LES LLC 6600 VALLI�Y VI11W S11tEET 13UENA PARK CA 90620 Dee Freeman Secretary Subject: Name/Ownership Change No Exposure Certification NCGNE0250 Marshall Flexibles, LLC Formerly Pechiney Plastic Packaging 100 Kenpak Lane, Marshall, NC Madison. Count; Dear Mr. Martinez: The Division has reviewed your submittal of the permit name/ownership change form for your No -Exposure Certification, which we received on August 2, 2010. Division personnel have reviewed and approved your request to change coverage under your Certificate of No -Exposure. Please note that by our acceptance of your no exposure certification, you are obligated to maintain no exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no -exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact the Stormwater Permitting Unit at (919) 807-6300. Sincerely, 414 ORIGIM SIGNS 8V KEN PfC U for Coleen H. Sullins cc: Asheville Regional Office ` Stormwater Permitting Unit Files Amber D. Cicotte, CHMM, Senior Scientist, BB&J, 500 North Dearborn Street, Suite 712, Chicago, IL 60654 wetlands and Stormwater Branch One 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NorthCal-ol lna Location: 512 9-8 N. Salisbury St. Ralegh, North Custom r 7604 Service: �atkrally Phone: 919�807-630t11 FAX: 919�07-'i4921 Customer Service: 1.877�23-6748 Intemet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer V 6 4 ' 1 1 &B July 29, 2010 North Carolina Department of Environment and Natural Resources > Division of Water Quality p M 1617 Mail Service Center ¢9 Raleigh, North Carolina 27699-1617 t� ry Re: General Stormwater Permit — Name and Ownership Change Form Co Marshall Flexibles, LLC] 100 Kenpak Lane Marshall, North Carolina General Permit No. NCGNE0250 To Whom It May Concern: On behalf of Marshall Flexibles, LLC (Marshall Flexibles), Bradburne, Briller & Johnson, LLC (BB&J) is submitting the enclosed Name and Ownership Change Form for the General Permit, Permit Number NCGNE0250, issued for the facility located at located at 100 Kenpak Lane in Marshall, North Carolina (Subject Property). On July 1, 2010, Pechiney Plastic Packaging, Inc. [a subsidiary of Alcan Packaging, Inc., (Alcan)] transferred ownership of the facility to Marshall Flexibles. In accordance with Title 15A of the North Carolina Administrative Code Section 02H.1013, Marshall Flexibles understands that permits may be modified as necessary. As such, Marshall Flexibles is submitting the Name and Ownership Change Form, certifying that the information provided is accurate and complete to the best of its knowledge. Signatures of both the permittee (Alcan) and applicant (Marshall Flexibles) are included on the Name and ownership Change Form. The facility will now operate under the name Marshall Flexibles, LLC and this change in ownership will not result in any changes to current operations, personnel, or organization at the facility. The plant manager and point of contact will remain the same at this facility. The plant manager is Mr. Emery Coffey who can be reached at (828) 649-3278. If you have any questions regarding the information included in the Name and Ownership Change Form, please contact Ms. Amber Cicotte of BB&J at 312-644-8556, extension 221. Sincerely, BRADBURNE, BRILLER & JOHNSON, LLC J. Tim Bradburne, P.G. Principal cc: Sarah Schaefer, Alcan Nicola Davey, Marshall Flexibles, LLC Enclosures 0"'A' a."" Amber D. Cicotte, CHMM Senior Scientist Bradburne, Briller & Johnson, LLC • 500 North Dearborn Street, Suite 712 • Chicago, Illinois 60654 • Phone 312.644.8556 IR Bavcrly Eaves Pcrdue, Govcr�or Dee Freeman, 5ecrettuy North Carolina Deparno¢at orEnvironnient mid Natural Pesourecs 6I.ecn H. Sullins, Difectur Division of Mucr Quality I. Please enter the permit number for ~which the change -is requested. NPDFS Permit (or) Certificate of Coverage , N q-40 1 1 1 1 = I N I CG.NLe.O H. Pcrmit status rElor,to status change. a. Permit -issued to (company name): b. Person legally responsible for permit; _Rr,ii,rIlq- "Y First M! ALag 1 / J11���.�.;lS� ��Ht4tt_L�_LtM�'7 ry~N�C�tti,- fh,lw�f"Y Title. Pc nit Haider Mailing Address ,�rhr t✓rc3D LC��trli�c (rpG..s I-3L��-`J' City State Zip (77,3 &,57' (773).3!�2 39s� Plione FMx c. 'Facility name (discharge):. d. Facility address: 1 Dr, f e u a� ac i C Address IYrx�-_;ItaL1 AA.1146im-Q6� 46 B.T� City Slate Zip e. Facility -contact person:' r' o ` First! / MI / Last Phone IIl. Please provide the following for'the requested Change (revised perntit). a. Request for change is'a result of: �Chaiige in ownership of the facility N-Vame change of the facility or owner if other. please explain: b. Permit issued to (company nanie): c. Person legally respoiisible.for periiiit: d. Facility name (discharge): e. Facility address: f: Facility contact person: �GtilMt r-C3 MI !i ast Virst title 6 m `'A.AP,4 � a' ,11- P— c�lioldcr Mailing Andress C' Gity State Zip w%1 Sr t7 Phone // {� /E-mail Address j %1 1!�213 ICZ A Lrx.u,_ Address *',It28 L/Izrpl Z.- City State Zip Lc),& f!u f V_tr te First f MI Las( -- 2 4—MCx.Gv tout Phonc r-mail Address PERMIT NAME/OWNERSHIP CHANGE FORM Page 2:of 2 IV. Pei-mit coutact-inforrnatlon (if different from the person legally responsible for the-pertrlit) Permit contact: e ' First MI Lost V. W ritic' rl ++F Maithtg Addr ess 1�iarSL�:aljt! — fWd,r�r. C.u`DttGr�i, City State p� ZIP. Phone E-mail Address Will the permitted facility continue to condtict the same industrial activities conducted prior to -this ownership or dame change? Yes ❑ No,(please explain) Requtredltems,: THISAPPLICATIONWILL-DERETURNED ARE, INCOMPLETEO.RMISSING: UNPROCESSED IF ITEMS This completed application is required for both name change and/or ownership change requests. Lkgal.documentatioti of the transfer of ownership (such as relevant.pages of a contract deed, or a bill of sale) is.reauired for an ownership change request.. Articles of incorporation are not sufficient for an ownership change. The certifications beloiv.intist be completed and signed by both the permit holder prior to die change; and the new applicant in the case'of mrownership change request. For a name change request, the signed Applicant's Certification -is sufficient. PEIRMITTGE CERTIFICATION (Permit holder prior to ownership change): 1, .� attest that this Rpplicittion-for a name/ownership change has been reviewed and is accurate and complete tti'the best of my knowledge. I understand that if all required ports. of this application are not cottipleted md)liai If'all required stipportiiig information is not included, thisapplication package will be returned a Incomplet Signature Dale APPLICANT CETrf) ICATION 1, � attest dint this application fora mime/ownership change has been reviewed acid is accurate:and coniplete.to the -best of tity knowledge. ('understand that if all required 'parts ofthis.application the not completed and that if Mi. required :suppotting information is not included, this application package lvill" be ret •led as inc VUcy 0%1 f A*10 — — S.igq Diu, Date PLEASE SEND THE; COMPLETE APPLICATION PACKAGE TO: Division of Witter Quality. Surface Water Protection Section 1617 Mail Service Center Raleigh, North.Carolkia 27699.1617 Reviled 1f1Q09 Execution Version HILL OF SALE AND ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS AGREEMENT This BILL OF SALE AND ASSIGNMENT AND ASSUMP ITON OF RIGHTS AND OBLIGATIONS AGREEMENT (this "Agreement'), is made and entered into as of July 1, 2010 by and between Pechiney Plastic Packaging, Inc., a corporation organized under the laws of the State of Delaware ('Assignoe j, and Marshall Flexibles, LLC, a limited liability company organized under the laws of the State of Delaware ("Assignee"). WHEREAS, certain affiliates of Assignor, Amcor Limited ("Amcor'), certain affiliates of Amcor and certain other Rio Tinto Alcan Group companies have entered into a Transaction Agreement, dated as of December 22, 2009 (as amended and restated on January 27, 2010 and January 31, 2010, the "Transaction Agreement"} pursuant to which Amcor or its Designated Transferee have agreed to purchase certain of the assets of Assignor; WHEREAS, Assignee has acceded to the Transaction Agreement as a Designated Transferee by letter agreement dated June 28.2010; and WHEREAS, pursuant to the Transaction Agreement, Assignor has agreed to assign certain assets and contract rights to Assignee, and Assignee has agreed to assume certain Liabilities of Assignor, as set forth herein, and this Agreement is contemplated by Article I (Safe and Purchase) and Paragraph l(aXi) of Part D of Schedule 8 (Closing and Post -Closing Arrangements) of the Transaction Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: Section 1. Definitions. Capitalized terms used herein and not otherwise defined herein have the meanings given to them in the Transaction Agreement. Section 2. Assignment and Assumation. (a) Effective as of July 1, 2010 (the 'Lffective date') but subject to Section 4 below, Assignor hereby sells, transfers, assigns, conveys, grants and delivers to Assignee (1) all of Assignor's right, title and interest in and to the following Sale Assets: () subject to Article 5.7 and Part E of Schedule 8 (Closing and Post -Closing Arrangements) the benefit of the Sale Contracts listed on Schedule A hereto; (a) the Business Inventory located at Assignor's Plant located in Marshall, North Carolina ("Marxhali'j; (iii) the Business Machinery and Equipment; (iv) the We Trading Receivables and the right to invoice in respect of the Notional Sale Trading Receivables in accordance with Article 17.2; (v) the Business Records; and (vi) subject to Article 5.7 and Part E and Part F of Schedule 8 (Closing and Post -Closing Arrangements) of the Transaction Agreement and to the extent their transfer is permitted by applicable Law, the Governmental Consents, in the case of (iii) through (vi), only to the extent exclusively related to or exclusively used at Marshall (collectively, the "Marshall Facility Assets') and (2) all of Assignor's burdens, obligations and liabilities in connection with all the Assumed Obligations to the extent such Assumed Obligations are related to the Marshall Facility Assets (together, the "Transfer and Assignment'). (b) As of the IRMetive Date, Assignee hereby accepts the Transfer and Assignment and assurnca and agrees to pay, perform, and discharge as and when due and owing, and to be bound by all the terms, covenants, conditions, liabilities and obligation in and of the Assumed Obligations transferred pursuant to paragraph (a) above. Section 3. EgdbaAssurances. Assignor and Assignee hereby agree to execute such further instruments and documents of transfer and assignment and perform such iiuther acts as may be reasonably required to carry out the provisions hereof and the transactions contemplated hereby. Section 4. '£cans ofthe Transaction Aunt. This Agreement is entered into pursuant to the terms of the Transaction Agreement and Assignor and Assignee are entitled to the benefits of, and this instrument is subject to, all pertinent provisions of the Transaction Agreement, including but not limited to the LONDON:380590A covenants and undertakings of the parties thereto in respect of the Marshall Facility Assets and the Assumed Obligations to the extent such Assumed Obligations are transferred pursuant to paragraph (a) of Section 2 above, which Assignor and Assignee acknowledge and agree shall not be superscdcd hereby but shall remata in full force and effect to the full extent provided therein, including the provisions of Article 5.7 and Part E and Part F of Schedule 8 (Closing and Post -Closing Arrangements) thereof. In the event of any conflict, inconsistency or ambiguity between the terms of the Transaction Agreement and the terms hereof, the terms of the Transaction Agreement shall govern. For the avoidance of doubt, references to "Closing" in Part D, E and F of Schedule 8 (Closing and Post -Closing Arrangements) shall be deemed to be references to "Deferred Closing" for purposes hereof Section 5. Miscellaneous. (a) Headinss. The headings of this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning or interpretation of this Agreemnent. (b) Glgverning Last. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. (c) [;quntmasts. This Agreement may be executed in one or more counterparts, each of which shall be deemed on original but all of which together shall constitute one and the same instrument. [Signatures Appear on the Following Page[ PA LONDON:380590.4 a IN WITNESS WHERBOR Ebb Agreement is signed by duty audu rued mpresentadws of the p.rdea as of the date first above written. Pechiney Phutic Packaging, Inc. 17 By: Name: Titles MarsMH Flexible, LLC By: Name: Title: LANDON!380MA SIPOMPIP mM-dnsisillo[SAW—Mush&OFkdbt LLC 19 [N WITNESS WHEREOF, this Agreement is signed by duly authorized representatim of the parties as of the date fast above written. Pechiney Plastic Packaging, Inc. By: Name: Title: Marshall Flexibles, LLC G� Q,,— By: c Name: 2AMt k4kn—,aG- Title: .t%X etCxlaC,4r LONDON:390590.4 SiQaatum Pago to Meditax Bin of Sate— Marslmn FkAbta, LLC SCHEDULE A Contract Tltle Coan a Date 1 A greemeat on Terms and Conditions of Purchase of Flexible Packaging Materials Corning Incorporated as of June 25, 2010 2 Vendor Purchase A ement De xn to Inc. May 1 2010 3 SuppIX A emcnt Becton Dickinson and Company October 1 2009 4 Supply A&Tmnt Cardinal Health 200 LLC June 1 2010 S Supply Agmrnent Slu June 1 2010 6 Lease Agreement (as amended) Sharp Business Systems- Dela a Laden Financial Services August 26.2009 7 Equipment Master Lease Agreement number:224991 Lessor. Carolina Handling, LLC Assi : Raymond Leasing Corporation September 3, 2008 8 Master ement J Wrizon Credit Inc. may 28 20p8 Schedule A to Medilm Sin of Sale — Marshall Fkxibtes, l.l.0 LONDON:38059M W A ] �n Michael F. Easley, Governor `O=O 7QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P. E. Director 5 Division of Water Quaiily 0 Coleen H. Sullins, Deputy Director Division of Water Quality December 30, 2005 Mr. David van den Bosch Pechiney Plastic Packaging 8770 West Bryn Mawr Avenue Chicago, IL 60631 Subject: No Exposure Certification NCGNE0250 Pechiney Plastic Packaging 100 Kenpak Lane, Marshall, NC Madison County Dear Mr. Hicks: The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on October 17, 2005. Based on your submittal and signed certification of no exposure at the above referenced facility, the Division is granting your certification as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no exposure certification, you are obligated to maintain no exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no - exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no -exposure exclusion expires in five years (December 30, 2010). At that time you must re -certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Sarah Young at (919) 733-5083, ext. 502, or at sarah.young@ncmail.net. cc: Asheville Regional Office Stormwater Permitting Unit Files Sincerely, ��J P-,t� for Alan W. Klimek, P.E. Central Files—wlattachments N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 A� iVCC]E _NR Customer Service 1-877-623-6749 Issue NCGNI-0244, 250. 251, 252 1 Subject: Issue NCGNE0244, 250, 251, 252 From: <Sarah.Young @ncmalLnel> Date: Sun, 27 Nov 2005 23:50:37 -0500 To: "Sarah Young" <Sarah.Young@ncmalI.net> Event reminder: Issue NCGNE0244, 250, jte: 2005-11-28 on. 251, 252 l of 1 12/29/2005 2:43 PM /` Form Approved United States Environmental Protection Agency OMB No.2040-0211 NPDES � EPA Washington, DC 20460 FORM `� NO EXPOSURE CERTIFICATION for Exclusion from 3510-11 NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its storm water discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Multi -Sector General Permit due to the existence of a condition of no exposure. A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, andlor runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: — drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means banded or otherwise secured and without operational taps or valves; — adequately maintained vehicles used in material handling; and — final products, other than products that would be mobilized in storm water discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only, rot for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, the entity in Section A is certifying that a condition of no exposure exists at its facility or site, and is obligated to comply with the terms and conditions of 40 CFR 122,26(g), ALL INFORMATION MUST BE PROVIDED ON THIS FORM Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4 A. Facility Operator Information Name: 3. Mailing. 3101010 b. city: �' I I 1 I C_ Ict I�2Ip„ i„I, I, I . 1 I„ I ._.�...l�L_ LJ 1 I I 1 c. State: JFJJ d. Zip Code: B. FacilitylSite Location Information 1. Facility Name: 1>I C? 1G I h I 1 ill le l tl l Il I IG 151+1 + ICI 11 I't Ic- l i re c 11 i IGI I I I 2. a. Street Address; 1 L IU101 I IGI nigie I k 1i,1,21171 el I I i I I I I I I I I 11 I I I 1 b. City: 411r 151i1 la !! I I I I I I I I I I I I I I i I I 1 c. County; 1011a I A I IS I oI h I 1i'rl I J15 ��" ` d. State: ALC.t e. Zip Code: I� 1715 3 i — I I 1 !rip m` rn •`•►� 3. Is the facility located on Indian Lands? Yes ❑ No N 4. Is this a Federal facility? Yes ❑ No J 'r ' } J��BJ~b-Longitude: 5. a. Latitude:-------------------- 6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes ❑ No b. If yes, enter NPDES permit number; 7 x `r 7. SIC/Activity Codes: Primary: 1-P1 (-1 !7 11 Secondary (if applicable); 8. Total size of site associated with Industrial activity: _z—j: R :� acres 9. a. }-lave you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? Yes ❑ No b. If yes, please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure exclusion. However, your permitting authority may use this information in considering whether storm water discharges from your site are likely to have an adverse impact on water quality, in which case you could be required to obtain permit coverage. Less than one acre ❑ One to five acres ❑ More than five acres ❑ EPA Form 3510-11 (10-99) Page 1 of 4 '_1k NPDES A Form Approved FORM -,EPA NO EXPOSURE CERTIFICATION for Exclusion from OMB No.2040-0211 3510-11 NPDES Storm Water Permitting C. Exposure Checklist Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? (Please check either "Yes' or "No- in the appropriate box.) If you answer"Yes" to any of these questions (1) through (11), you are not eligible for the no exposure exclusion. Yes No 1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to storm water 2. Materials or residuals on the ground or in storm water inlets from spills/leaks 3. Materials or products from past industrial activity ❑ 4. Material handling equipment (except adequately maintained vehicles) 5. Materials or products during loading/unloading or transporting activities 6. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where exposure to storm water does not result in the discharge of pollutants) 7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers 8. Materials or products handled/stored on roads or railways owned or maintained by the discharger 9. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) 10. Application or disposal of process wastewater (unless otherwise permitted) 11, Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated (i.e., under an air quality control permit) and evident in the storm water outflow D. Certification Statement I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an exclusion from NPDES storm water permitting. I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must allow the NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from the facility. Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Print Name! IPaIVIi JI IViGlhl le -Ole IVAI IEl0JSICI W I I I I I ,I I I I I I I I Print Title: Signature: Date: V lri 1013P 51 EPA Form 3510-11 (10-99) Page 2 of 4 NPDES Instructions for the NO EXPOSURE CERTIFICATION for Form Approved FORM ��-,EPA OMB No.2040-0211 3510-11 Exclusion from NPDES Storm Water Permitting Who May File a No Exposure Certification Section B. Facility/Site Location Information Federal law at 40 CFR Part 122.26 prohibits point source discharges of storm water associated with industrial activity to waters of the U.S. without a National Pollutant Discharge Elimination System (NPDES) permit. However, NPDES permit coverage is not required for discharges of storm water associated with industrial activities identified at 40 CFR 122.26(b)(14)(i)- (ix) and (xi) if the discharger can certify that a condition of "no exposure" exists at the industrial facility or site. Storm water discharges from construction activities identified in 40 CFR 1 22.26(b)(1 4)(x) and (b)(15) are not eligible for the no exposure exclusion. Obtaining and Maintaining the No Exposure Exclusion This form is used to certify that a condition of no exposure exists at the industrial facility or site described herein. This certification is only applicable in jurisdictions where EPA is the NPDES permitting authority and must be re -submitted at least once every five years. The industrial facility operator must maintain a condition of no exposure at its facility or site in order for the no exposure exclusion to remain applicable. If conditions change resulting in the exposure of materials and activities to storm water, the facility operator must obtain coverage under an NPDES storm water permit immediately. Where to File the No Exposure Certification Form Mail the completed no exposure certification form to: Storm Water No Exposure Certification (4203) USEPA 401 M Street, SW Washington, D.C. 20460 Completing the Form You must type or print, using uppercase letters, in appropriate areas only. Enter only one character per space (i.e., between the marks). Abbreviate if necessary to stay within the number of characters allowed for each item, Use one space for breaks between words. One form must be completed for each facility or site for which you are seeking to certify a condition of no exposure. Additional guidance on completing this form can be accessed through EPA's web site at www.epa.gov/owm/sw. Please make sure you have addressed all applicable questions and have made a photocopy for your records before sending the completed form to the above address. Section A. Facility Operator Information 1. Provide the legal name of the person, firm, public organization, or any other entity that operates the facility or site described in this certification. The name of the operator may or may not be the same as the name of the facility. The operator is the legal entity that controls the facility's operation, rather than the plant or site manager, 2. Provide the telephone number of the facility operator, 3. Provide the mailing address of the operator (P.O. Box numbers may be used). Include the city, state, and zip code. All correspondence will be sent to this address. 1. Enter the official or legal name of the facility or site. 2. Enter the complete street address (if no street address exists, provide a geographic description (e.g., Intersection of Routes 9 and 551), city, county, slate, and zip code. Do not use a P.O. Sox number. 3. Indicate whether the facility is located on Indian Lands. 4. Indicate whether the industrial facility is operated by a department or agency of the Federal Government (see also Section 313 of the Clean Water Act). 5. Enter the latitude and longitude of the approximate center of the facility or site in degreeslminuteslseconds. Latitude and longitude can be obtained from United States Geological Survey (USGS) quadrangle or topographic maps, by calling 1-(888) ASK-USGS, or by accessing EPA's web site at http:llwww,epa.gov/owm/sw/industry/indox.htm and selecting Latitude and Longitude Finders under the Resources/Permit section. Latitude and longitude for a facility in decimal form must be converted to degrees (°), minutes ('), and seconds (") for proper entry on the certification form. To convert decimal latitude or longitude to degreeslminuteslseconds, follow the steps in the following example. Example: Convert decimal latitude 45.1234567 to degrees (1), minutes ('), and seconds ("). a) The numbers to the left of the decimal point are the degrees: 45°. b) To obtain minutes, multiply the first four numbers to the right of the decimal point by 0,006: 1234 x 0.006 = 7.404. c) The numbers to the left of the decimal point in the result obtained in (b) are the minutes: 7'. d) To obtain seconds, multiply the remaining three numbers to the right of the decimal from the result obtained in (b) by 0.06: 404 x 0.06 = 24.24. Since the numbers to the right of the decimal point are not used, the result is 24". e) The conversion for 45.1234567 = 45° 7' 24". 6. Indicate whether the facility was previously covered under an NPDES storm water permit. If so, include the permit number. 7. Enter the 4-digit SIC code which identifies the facility's primary activity, and second 4-digit SIC code identifying the facility's secondary activity, if applicable. SIC codes can be obtained from the Standard Industrial Classification Manual, 1987. 8. Enter the total size of the site associated with industrial activity in acres. Acreage may be determined by dividing square footage by 43,560, as demonstrated in the following example. Example: Convert 54,450 ft2 to acres Divide 54,450 ft2 by 43,560 square feet per acre: 54,450 ft2 � 43,560 ft2/acre = 1.25 acres. 9. Check "Yes" or "No" as appropriate to indicate whether you have paved or roofed over a formerly exposed, pervious area (i.e,, lawn, meadow, dirt or gravel road/parking lot) in order to qualify for no exposure. If yes, also indicate approximately how much area was paved or roofed over and is now impervious area. EPA Form 3510-11 (10-99) Page 3 of 4 FORM �, Instructions for the NO EXPOSURE CERTIFICATION for Form Approved FORM ��-,EPA OMB No. 2040-0211 3510-11 Exclusion from NPDES Storm Water Permitting Section C. Exposure Checklist Check "Yes" or "No" as appropriate to describe the exposure conditions at your facility. If you answer "Yes" to ANY of the questions (1) through (11) in this section, a potential for exposure exists at your site and you cannot certify to a condition of no exposure. You must obtain (or already have) coverage under an NPDES storm water permit. After obtaining permit coverage, you can institute modifications to eliminate the potential for a discharge of storm water exposed to industrial activity, and then certify to a condition of no exposure. Section D. Certification Statement Federal statutes provide for severe penalties for submitting false information on this application form. Federal regulations require this application to be signed as follows: For a corporation; by a responsible corporate officer, which means: (i) president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making mayor capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; For a partnership or sole proprietorship: by a general partner or the proprietor; or For a municipal, State. Federal, or other public facility: by either a principal executive or ranking elected official. Paperwork Reduction Act Notice Public reporting burden for this certification is estimated to average 1.0 hour per certification, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose to provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information, An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments regarding the burden estimate, any other aspect of the collection of information, or suggestions for improving this form, including any suggestions which may increase or reduce this burden to: Director, OPPE Regulatory Information Division (2137), USEPA, 401 M Street, SW, Washington, D.C. 20460. Include the OMB control number of this form on any correspondence. Do not send the completed No Exposure Certification form to this address. EPA Form 3510-11 (10-99) Page 4 of 4