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HomeMy WebLinkAboutNCGNE0111_COMPLETE FILE - HISTORICAL_20050405STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE O 111� DOC TYPE � HISTORICAL FILE DOC DATE ❑ p? �b 5 � y o 5 YYYYMMDD 0 ,NA Michael F. Easley, Governor O�O 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality p Coleen H. Sullins, Deputy Director Division of Water Quality April 20, 2005 Robert M Klenotich ANI Holding LLC 15500 28th Ave N Plymouth, MN 55447 Subject: No Exposure Certification NCGNE0111 ANI Holding LLC - 386 Crompton St Mecklenburg 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 January 28, 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. 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 (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 IWAX NCDENR Customer Service 1-977-623-6749 Akzo Nobel Inks January 23, 2002 Division of Water Quality Stommater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. Michael Parker: Please review the attached No Exposure Certification form for our facility located at 386 Crompton Street, Charlotte, NC 28273. Upon review of the materials and activities associated with our manufacturing processes, it is my belief that this facility should qualify for the No Exposure Certification (see attachment). A dumpster is currently located on the premises for scrap materials. In my opinion, exposure to materials contained in the dumpster can be effectively managed by ensuring that the dumpster is covered at all times except when adding material to the container. Also, please be advised that Akzo Novel Coatings is currently divesting its Akzo Nobel Printing Inks business to the management of Printing Inks, in conjunction with the private equity company NesBIC Buy Out Fund. This transaction is expected to be concluded by end of January 2002. Please address any future correspondence oonceming this No Exposure Certification or other matters relating to permits or their renewal to: Robert M. Klenotich, Health Safety and Environmental Manager, ANI Holding, LLC, 15500 28'" Avenue North, Plymouth, MN 55447. (763) 559-5911 ext.334. Thank you for your assistance in this matter. Sincerely, c� � om 00 �a L an-5 N Robert M. Klenotich C Y Health Safety and Environmental Manager w o o Q- enD !Federal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999 / Rules and Regulations 68809 NPDES �, 'NO EXPOSURE CERTIFICATION for Exclusion from Form Approved FORM 1SEPA OMB No. 204"21 t 35lo-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.) tf you answer "Yee" to arty of these questions (1) through (11), you an 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 spilisAeaks 3. Materials or products from past industrial activity ❑ 4. Material handling equipment (except adequatety maintained vehiciesj ❑ l�l 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 poNtrtants) 7. Materials contained in open, deteriorated or leaking storage drums, barrels, fan ks, and similar Containers ] S. Materials or products handledlstored on roads or r'aitways owned or maintained by the discharger 9. Waste material (except waste in covered, non-lealcing containers [e.g., dumpstersj) ❑ j� 10. Application or disposal of process wastewater (unless otherwise permitted) 11. Particulate matter or visible deposits of residuals from roof stacks andror vents nol otherwise regulated ❑ Vcl (i.e., under an air quality control permit) and evident in the storm water outflow . ir O" Carbflcatlon Statement I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition at "no exposure' and obtaining an exclusion from NPDES storm water permitting. I certty under penalty of law that there are no discharges at storm water contaminated by emosum to industrial activities or materials from the industrial j facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)). I understand that f am obligated to submit a no exposure CarEf=tion form once every five ysagl.W the NPDES permitting authority and. it requested, to the operator of :he local munidpal separate storm sewer system-(MS4) into which the tacrl ty discharges (where applicable). I understand drat t must allow the NPDES permitting authohtx or MS4 operator where the discharge is into the local MS4, to paikmn Inspecdom to confirm the condition of no exposure and to -make such inspection rep" pub" available upon request l understand trial I must obtain overage under an NPDES permit prior to any point source discharge of storm water from blue taciitty. Additlonafty, I certify under penalty of law that this document and aft attachrnerite were prepared under my director or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the intormaton submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is to the best of my knov,4 ge and befiet true, accurate and complete. I am avers that there are significant penafties tot subrndting false irrbtmaton: inctuding the possibibity of fume and imprisonment for knowing vidatio , Print Name: iI�)6 Vt 1fJ EA b !I t Print Title: Signature. Date: s;. Form 3510-11 (to-99) i.F Page 2 of 4 rY t;88Jtj' 'rederal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999 / Rules and regulations w Appendix 4 to the Preamble —No Exposure Certification Form United Stales Environmental Protection Agency OMB Form j proved 1 NPDES �' ��� Washington, DC 20460 3510-11 FORM � 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 for its stone water discharges associated with industrial activity in the State identified in Section S 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 industriat 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 uNoading, transportation, or corrveyance of any raw material, intermediate product, final product or waste product. A storm resistant shatter is not required for the following industrial materials and activities: - drums. barrels, tanks, and similar.cortainers 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 vetucles used in material handling: and - final products. other than products that would be mobilized in storm water discharges (e.g., rock sell). A No Exposure Certification must be provided for each isojity qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only, not for individual outtalks. N arty 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 out 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 THS FORM. Detailed Instructions for completing this form and obtaining the no exposure exclusion am provided on pages 3 and 4. A. Facility Operator Information 1 1. Name: At-f` ilyl611-1Dil IIV161 IL1/—i(�I' I I I �1I I I I_I I 1_ 1 I_1- 1 2.Phone: 7A&D-5519is, F, h f 3. Mailing Address: a.Street: �1 E✓!L� Ibfllott� I �ffl�lE�l//IEI !_MDII�I�If�I I I III I iI I I -1 --I I I I I 11 I 4 _1 I c. State: � d. Zip Code: L 15's 946171 -1 I 1 1 B, Facility/She Location Information 1. Faality.Name: 1�T��OI I&IIoIG41I/ INQL6t 1/_1LIC1 - L I I Iy I_ I I I I I- s I I 4- 2. a. Street Address: 3I O I a ` , ! I b. City: i'-' V 411zz IOIT ! I`_'1 I I I s I I I i l 1 I l l I c. (�-ounty: 1 1 J. 11 1 t 1 1 1 1 d. State: I/y Q e. Zip Code: O 7 3. is the tacitity l�ocatted on Indian lands? Yes No)Y 4. Is this a Federal facility? Yes No W 5. a. Latitude: t> 1. 1 o LLLJ La�' f l b. Longitude: I_ r �J 515 1- W 6. a. was the facility or site previously covered under an NPDES storm water permit? l�s No b. If yes, enter NPDES permit number 7. SICJActivity Codes: Primary: 12tki"Uf Secondaryw applicable): Li i i� 8. Total size of site associated with industrial activity: acres 9. a. Have you paved or rooted over a 11ormerty exposed, pervious area in order to quality for the no exposure exclusion? yes No b. if yes, please indicate approximatety how much area was paved or roofed over. Completing this question does riot disoualify you for the rho exposure exclusion. However, your permitting authofty may use this information in considenng whether storm water discharges tom 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 I of 4 4 �. Federal. Register / Vol. 64, No. 235 / Wednesday, December 8, 1999 / Rules and Regulations FORM ' ,EPA'Stn'ctfons for the NO EXPOSURE CE31riCATION for :.aForm °2 3s1a11 I Exclusion from NPDES Storm Water Permitting -Who Flay File a No Exposure Cartification Settlon B. FacilttyMits Location Inflonnation Federal law at 40 CFR Part 122.26 prohibits point source discharges of storm writer associated with industrial activity to waters of the U.S. without a National Pollutant Discharge Elimination System (NPDES) permit, Howevier, NPDES pernii coverage is not required for discharges of storm water associated with industrial activities idintified at 40 CFR 122.26(b)(14)(i)- (ix) and (xi) if the discharger can certify that a condition of two exposure" exists at the industhai facility or site. Storm water discharges from construction activities identified in 40 CFR 122.26(b)(141CxLandjqLjLare not eligible for the no exposure exclusion. Obtaining and Maintaining tale No Exposure Exclusion This form is used to certiy 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•subnutted at least once every five years. The industrial tacility operator must maintain a condition of no exposure at its facility or site in order for the no exposure exclusion to remain applicable. It 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. Whom to Flto the No Exposure Certification form Mail the completed no gxposure certtcztion 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 fluty one character per space (i.e.. between the marks). Abbreviate it 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 tacility 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.govlowrrt/sw. Please make sure you have addressed all applicable questions and slave made a photocopy for your records before sending the completed form to the above address. Section A. Facility Operator trrtonna*m I. -Provide the legal name of the person, firm, public organization, or any other entity that operates the facility or site described in this oer tificabon. The name of the operator may or may riot be the same as the name o1 the facility. The operator is the legal entity that controls the tacuty's operation, rather than r* 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. Eater lfae official or legal name of the fiadiAy or aft. 2. Enter the cornpkeie sheet address (H no street address exists, provide a geographic description (e.g., Intersection of Routes 9 and 551), city, county, state. and zip code. Do rot use a P.Q. Box number. 3. Indicate whether the facility is foraled on Indian Lands. 4. -Indicate whether the industrial facility is operated by a department or Agency of the Federal Government (see also Section 313 o1 the Clan Water Act). 5. Enter the latitude and longitude of the approximate center of the lecility or site in degrees/minutes/seconds. Latitude and longitude can be obtained from United States Geoiogical Survey (USGS) quadrangle or lopographic maps, by calling 1-(888) ASK-USGS. or by accessing EPA's wet) site at http://www.epa.gw/owrr/sw/incJustryfindex.htm and aelecling Latitude and Longitude Finders under the Resources/Permn section. Latitude and longitude for a facility in decimal form must be converted to degrees ('), minutes ('), and seconds (') lot proper entry on the certification form. To convert decimal latitude or longitude to degrees/minuies/seconds. follow the steps in the following example. Exam e: Convert decimal latitude 45.1234567 to degrees ('). minutes ('). and seconds ('). a) The numbers to the left of the decimal point are tfte degrees: 45'. b) To obtain minutes. multiply the first four nubto the right of the decimal point try 0.006: 123mers 4 x 0.006 a 7.404. c) The numbers to the lett 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 tacility was previously covered under an NPDES stone water permit. H so, include the permn 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 appficabie. SIC codes can be obtained from the Standard Mdusimal Classdirautm Manual. 1987. 8. Enter the total size of the site associated with industrial activity n acres. Acreage may be determined by dividing square footage by 43.560. as demonstrated in the following example. Example: Convert 54,450 1112 to acres Divide 54,450 ft2 by 43,566 square feet per acre: 54,450 tt2 .43,560 ft2lacre - 1.25 areas. 9. Cheek 'Yes" or'W' as appropriate to indicate whether you have paved or roofed over a formerly exposed, pervious area (i.e., lawn. meadow, dirt or gravel roadlparicing lot) in order to quality for no exposure. H yes. also indicate approximately how much area was paved or rooted crier and is now impervious area. EPA Form 351a11 (10.99) Page 3 of 4 t -`1 Federal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999 / Rules and Regulations 68811 NPOES A lam- Instructions for the NO EXPOSURE CERTIFICATION for Form Approved FORM� �OMB No.2040-0211 3510-11 A 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 answir'Yes' to ANY of the questions (1) through (11) For a partnership or sole, 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 mustobtain (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 StatementA Federal statuses provide for st-rers 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: U) 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 autnorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capitai investment recormnendsloons, and initiating and directing other comprehensive measures to assure long term environmental compliance with erMrOnmental laws and regulations: the manager can ensure that the necessary systems are established or aeons taken to gather complete and accurate information for permit application requirements: and where EPA Form 3510-11 (10-99) BILUNc CODE 7f56oho- c Appendix 5 to Preamble, Regulatory Flexibility for Small Entities A. Regulatory Flexibility for Small Municipal Storm Sewer Systems (MS4s) Different Compliance, Reporting. or Timetables That Are Responsive to Resources of smoll Entities NPDES permitting authorities can issue general permits instead of requiring individual permits. This flexibility avoids the high application costs and administrative burden associated with individual permits. NPDES permitting authorities can specify a time period of up to five years for small MS4s to fully develop and implement their proms Analytic monitoring is not required. After the first permit term and subsequent permit terms, submittal of a summary report is only required in years two and four (Phase I municipalities are currently required to submit a detailed report each yeas). A brief reporting format is encouraged to facilitate compiling and analyzing data firm submitted reports. EPA intends to develop a model form for this purpose. NPDES Permitting Authorities can phase in permit coverage for small MS49 serving jurisdictions with a population under 10,000 Public reporting burden forthis certification is estimated to average 1.0 nour 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 infonmation: 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 ourrenity 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, Wasnington, D.C. 20460. Include the OMB control number W this form on any correspondence. Do not send the completed No Exposure Certification form to this adorers. on a schedule consistent with a State watershed permitting approach. Clarifying, Consolidating, or Simplify-ing Compliance and Reporting Requirements The rule avoids duplication in permit requirements by allowing NPDES permitting authorities to include permit conditions that direct an MS4 to fallow the requirements of a qualifying local program rather than the requirements of a minimum measure. Compliance with these programs is considered compliance with the NPDES general permit The rule allows NPDES permitting authorities to recognize existing responsibilities among different municipal entities to satisfy obligations for the minimum control measure- -A further altetmative allows a small MS4 to satisfy its NPDES permit obligations (f another governmental entity is already implementing a minimum control measure in the jurisdiction of the small MS4. The following conditions must be met: 1. The other entity is implementing the control measure. 2. The particular central measure (or component thereof) is at least as stringent as the corrersponding NPDES permit requirement, and 3. The other entity agrees to implement the control measure on your behalf. Page 4 of 4 The rule allows a covered small MS4 to "piggy -back" on to the storm water management program of an adjoining Phase f MS4. A small MS4 is waived from the application requirements of § 122.26(d)(1)(iii), (iv) and (d)(2)(iii) [discharge characterization] and may satisfy the requirements of § 122.26(d)(1)(v) and (d)(2)(iv) [identifying a management plan] by referencing the adjoining Phase I MS4's storm water management plan. The rule accommodates the use of the watershed approach through NPDES general permits that could be issued on a watershed basis. The small MS4 can develop measures that are tailored to meet their watershed requirements. The small MS4's storm water management program can tie into watershed - wide plans. Performance Rather Than Design Standards for Small Entities Small governmental jurisdictions whose MS4s are covered by this rule are allowed to choose the best management practices (B.kVs) to be implemented and the measurable goals for each of the minimum. control measures: 1. Public education and outreach on storm water impacts 2. Public Involvement/Participation 3. illicit discharge detection and elimination