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NCGNE0088_COMPLETE FILE - HISTORICAL_20050420
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE'D D� DOC TYPE i,8'HISTORICAL FILE DOC DATE ❑ YYYYMMDD F W ATF rQ Michael F. Easley, Governor N� William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources � [ _ i-JV Aran W.SKlimek,P�E,tDirect r ��� t.Division of Wat¢rfi vnt Q Colem H. Sullins, DeputyiDt :• Division of Watcr Qu31'1RCE April 20, 2005 ; APR 2 7 2005 James B Kinsley, Manager Plant Ludwig Industries 2806 Mason St f; Monroe, NC 28110r1'I Lil �.- •- v ` • 411 .. %;: nun..I Subject: No Exposure Certification NCGNE0088 Ludwig Industries - 2806 Mason St Union County Dear Permittee: The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on July 15, 2002. We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. 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. It 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 (April 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 Jonathan Diggs at (919) 733-5083 ext. 537, or at jonathan.diggs@ncmail.net. Sincerely, for Alan W . Klimek, P.E. cc: Mooresville Regional Office Central Files -- wlattachments Stormwater Permitting Unit Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 GA NCDENR Customer Service 1-877-623-6748 I��C�Nti6Dg� �i United States Environmental Protection A en Farm Approved g � OMB No. 2040-021 i NPDES Washington, DC 20460 FORM `00 3s1aT1 EPA NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization far its storm water discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Mufti -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, and/or 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, not for individual outfails. 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 55 tl / 1. Name: 1/_I u 1 d l O'rl t Ig I Ix I t1I d 1 D 1 5 If- I rl t I e1s l I I 1 l I_ I 1- I I I I 12- Phone: ry ! -1 z 8% k2 '�1/; 3. Mailing Address: a. Street: Z$ ib I b Q is to, i -sit r e Z p n b. City. I ►' I I o 1 n I r I D 1 e t 1 -1 I I I I I I I I I l I I -_ L_ 1 c. State: W, d. Zip Code: I I 11 1 B. Facility/Site Location 1. Facility Name: I1-1 u 4 l 01 i A I III Alai �I '� I` I,- 1 l le-l5 2. a. Street Address: �� 1 1 1 1� 1 151 d 1 �i1 I� t l i l e l t l l1_ 1_ I I I I l l I_ _t IL 1� b. City: Itrri©iillr 'I I I t IppI I{{ Ir�I I I I I I I i I k c.county: I I�'I1'D1n1 I_��I I d. State: �j e. Zip Code: 121 01 1 1 ! I i - I I I I 3. Is the facility located on Indian lands? Yes ❑ No X 4. Is this a Federal facility? Yes ❑ No CK 5. a. Latitude: �m o IS14 I LLA " b. Longitude: 1 1610 a 102,qJ 15,41 " 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. SIC/Activity Codes: Primary: 3L5 13, 11 Secondary(if applicable): I I 1 1 8. Total size of site associated with industrial activity: 7 .11 acres 9. a. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? Yes ❑ No 0 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 0 EPA Form 3510-11 (10-99) Page 1 of 4 NPDES A Form Approved FORM \-/EPA NO EXPOSURE CERTIFICATION for Exclusion from OMB No.2040-0211 3510-11 NPDES Storm Water Permitting C. Exposure Chekddist 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 WSJ 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 loadinglunloading or transporting activities 6. Materials or products stored outdoors (except final products intended for outside use [e.g.. new cars] where Q 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 S. Materials or products handledlstored on roads or railways owned or maintained by the discharger El 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 andlor vents not otherwise regulated (i.e., under an air quality control permit) and evident in the storm water outflow D. Certification Statemertt 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)). f 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: d iAIMI E 151 11l K i l IN151el n[ I I I I I I I L-j I I I _I I I I _I Print Title: R L A W i 7 Ajffi�)A61elzl i I I I I I I I I I I I I I I[_ I I I Signature: Date: ID IO I I 1 l IDIZI EPA Form 3510-11 (10-99) Page 2 of 4 rj NPU@S A, Instructions for the NO EXPOSURE CERTIFICATION for Form 04"211 FORM COMA OMB No 2t34q 0211 3510-11 Exclusion from NPDES Storm Water Permitting Who May Fie a No Exposure Certification - Section B. FacilityfSlte Location Information Federal law at 40 CFR Part 122.26 prohibits point source discharges of 1. Enter the official or legal name of the facility or site. storm water associated with industrial activity to waters of the U.S. without a National Pollutant Discharge Elimination System (NPDES) permit However, .. 2. Enter the complete street address (if no street address exists, provide NPDES permit coverage is not required for discharges of storm water a geographic description (e.g., Intersection of Routes 9 and 55]), city, associated with industrial activities identified at 40 CFR 122-26(b)(14)(i)- county, state, and zip code. Do not use a PO. Box number. (ix) and (xi) if the discharger can certify that a condition of 'no exposure' exists at the industrial facility or site. 3. Indicate whether the facility is located on Indian Lands. Storm water discharges from construction activities identified in 40 CFR 122.26(b)(14)(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. EPA Form 3510-11 (10-99) 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 degrees/minutes/seconds. 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://www,epa.ovlowmiswitndustryjindex.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 (1), 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 (°), minutes ('), and seconds ("). a) The numbers to the left of the decimal point are the degrees: 451. b) To obtain minutes, multiply the first four numbers to the right of the decimal point by 0=6: 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' T 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 coda 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 ft2lacre = 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 roadiparking 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. Page 3 of 4 NPDES ��EPA Instructions for the NO EXPOSURE CERTIFICATION for Farm Approved FORM OMB No. 2040-021 3510-11 Exclusion from NPDES Storm Water Permitting Section C. Exposure Checklist authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; 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) For a partnership or sale proprietorship: by a general partner or the in this section, a potential for exposure exists at your site and you cannot proprietor: or certify to a condition of no exposure. You must obtain (or already have) coverage under an NPDES storm water permit. After obtaining permit For a municipal, State, Federal, or other public facility: by either a coverage, you can institute modifications to eliminate the potential for a principal executive or ranking elected official. discharge of storm water exposed to industrial activity, and then certify to a condition of no exposure. Paperwork Reduction Act Notice 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 ` (li) 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 major 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 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 �uvu�sq� Joel Luce Ludwig Industries 2806 Mason St - Monroe, NC 28110 Ph 704-289-6459-164 Fx 704-289-8133 7/ 12/02 Attn. Bradley Bennett Stormwater Division of Water Quality 1617 Mail Service Center Raliegh, NC 27699-1617 Ph 919-733-5083 � � [ 0 1 I J U L 15 2002 DENR - WATER QUALITY POINT SOURCE BRANCH Attached with this letter you should find EPA NPDES form 3510-11 (No Exposure Certification) for our Monroe, NC facility. I wish to verify that the storage of wooden pallets outside does not create an exposure. Please contact Jim Kinsey, Plant Manager, or myself if any other information is required. Joel Luce Ludwig Industries, 2806 Mason Street, Monroe, NC 28110 Web Site: http://www.ludwig-drums,com