NCGNE0120_COMPLETE FILE - HISTORICAL_20071128

STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
NCGNE
HOC TYPE
HISTORICAL FILE
DOC DATE
0-7
YYYYMMDD

PA0� W a r�9pG
a - �
O �
Michael F. Easley, 411
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 28, 2007
CERTIFIED NIAII, 7007 0710 0005 2882 1530
RETURN RECEIPT REQUESTED
Mr. Michael Scarpati, Business Manager
BASF Corporation
4330 Chesapeake Drive
Charlotte, North Carolina 28216
Dear Mr. Scarpati
Subject: NOTICE OF VIOLATION
Violation of G. S. 143-215.1(a) and
Stormwater Non -exposure Certificate NCGNE0120
Tracking No.: NOV-2007-DV-0312
DWQ Incident No.: 200703371
Discharge of Wastewater
BASF Corporation
4330 Chesapeake Drive
Mecklenburg County
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and
directs the Environmental Management Commission of the Department of Environment &
Natural Resources to protect and preserve the water resources of the State. The Division of
Water Quality (DWQ) has the delegated authority to enforce adopted pollution control rules and
regulations.
On October 29, 2007 Andrew- Martin and Chris Elmore of the Mecklenburg County Water
Quality Program (MCWQP) conducted an investigation of your property located at 4330
Chesapeake Drive in Charlotte, North Carolina. This investigation was conducted as part of a
cooperative working agreement between Mecklenburg County and the Division of Water Quality.
As a result of this investigation, the following condition was found on the property in violation of
your Stormwater certificate of non -exposure and G.S. 143-215.1(a):
Discharge of blue colored wastewater to an unnamed tributary of Stewart Creek, a
Class C water in the Catawba River Basin.
® � o`� NthCarolina
NCDENR Alatumlly
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Intemet-. �cu .ti.oc r,u rqu;ilit .nr� 610 Fast Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal OpportunitylAffirmative Acti6n Employer — 50% Recyc[edli 0% Post Consumer Paper

Mr. Michael Scarpati
NOV-2007-DV-0312
Page 2
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge. You will he advised of
any enforcement recommendation.
To comply with the law, it will be necessary to immediately discontinue all illegal discharge
activity. It is also recommended that you implement corrective actions to eliminate the potential for
recurrent illegal discharges.
It is requested that you respond, in writing, to this Notice, indicating the actions you have
taken to correct the violation. Please address your response to me December 28, 2007. Also,
please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street,
Charlotte, NC, 28202.
Should you have questions, please do not hesitate to contact Ms. Marcia Allocco or me at
704-663-1699.
cc: Rusty Rozzelle, MCWQP
Shelton Sullivan, NPS-ACO Unit
I::.5TOM
Sincerely,
I CF j !v--
Robert B. Krebs
Regional Supervisor
Surface Water Protection
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BASF CORPORATION
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■ Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1- Article Addressed to:
9 •-
NlR MICHAEL SGARI'ATI, BUSINESS 10GR.
BASF,CORPORATIOiv
4330 C HESAI'I:AKF DRIV1:
j CHARLO-I•I'L NC 28216
swplma 11/29/07
A. Signatu I
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❑ Addressee
B. Received by (Printed Name) C, Ite of Deliv
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D. Is delivery address different from item 17 ❑ Yes j
If YES, enter delivery address below: ❑ No
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❑ Registered ❑ Return Receipt for Merchandise 1
❑ Insured Mail ❑ C.O.D. f
Y 4. Restricted Delivery? (Extra Fee) ❑ yes
2. (, - - 7007 0710 0005 2882 1530 - -
PS Form 3811, February 2004 Domestic Return Receipt 102595-024.`1-1540

Mecklenburg County Water Quality Program
BASF - 4330 Chesapeake Drive, Charlotte
10/29/2007
Andrew Martin with the Mecklenburg County Water Quality Program received a service
request from Blaine Cole with City of Charlotte Street Maintenance division reporting a
blue substance in the creek at Pompano Drive. A. Martin responded to the request
immediately. Martin called Mr. Cole and Cole reported that an employee had observed
the creek to be bright blue in color around 3:00 PM that day. By the time the inspector
arrived onsite there was only a slight bluish tint to the water. Mr. Martin traced the
stream back to an outfall that discharges storm water from BASF's property on 4330
Chesapeake Drive, but it was not discharging blue water at the time.
When Mr. Martin arrived at the BASF site he met with USpolymers representative
Robert Rebello (1-980-329-8109), who accompanied Mr. Martin through the site.
USpolymers is currently leasing the property from BASF and is in the process of
upgrading the facility and rerouting the storm drain system. During the upgrade the old
tanks and piping used by BASF to make and store dye are being removed. Mr. Martin
observed bright blue dye in multiple storm drains on the site, and a trail of blue staining
originating from the loading dock area running towards a storm drain at the rail road
tracks. Mr. Martin asked for a copy of the MSDS sheet for the dye and the USpolymers
representative could not produce it, it has been years since the dye was last manufactured.
Mr. Martin requested that someone immediately be contacted to stop the discharge and
clean up the dye.
About two hours after finding the blue dye Scott Fox from BASF's Ecology, Health and
Safety department arrived (704)-587-8120. He also could not find a MSDS sheet for the
dye. BASF has the option of sending its storm water to the onsite wastewater treatment
plant or to the storm drain system. Since the site has not been used for production for
quite some time the valves that route the storm water to the WWTP had been
disconnected and all water was discharging to the storm drain system. Daniel Foster with
BTS International, LLC 1-803-493-6415 is the maintenance contractor for the site. Mr.
Foster was able to close the valves and route the water to the WWTP, which ceased any
further discharge of blue dye. It is believed that the blue dye leaked from old pipes that
had been removed and placed into the dumpster near the loading docks.
Andrew Martin and Chris Elmore (MCWQP) took YSI measurements at the outfall:
Temperature: 16.04 C.
D.O.: 8.17 Mg/L
Conductivity: 339 us/cm
pH: 8.5
Water samples were taken to test for metals and cyanide. Since the discharge was
stopped and the YSI measurements were acceptable, it was determined that there was no
further risk to the stream. A file review of the site revealed that BASF was issued several

Notices of Violations on both the local and state level for the discharge of blue tinted dye.
Please see attached photographs and map for additional information.
10/30/2007
Andrew Martin, Ron Eubanks and Erin Hall with MCWQP conducted a follow-up
inspection to determine if the discharge had stopped. MCWQP personal met with
Michael Scarpati Business Manager with BASF 1-704-398-4248. MCWQP verified that
the storm water diversion valves are closed and that all storm water is being sent to the
onsite W WTP. They still had not flushed the storm water line yet, but no traces of blue
dye were noticed in the storm drain system. Mr. Scarpati still could not provide a MSDS
for the substance, and disputed that it could have originated from BASF. However the
site formerly stored and manufactured blue dyes, and the blue dye was observed in the
storm drain.system with the storm water valve open. It is still the belief that old piping
and machinery containing the blue dye was disposed of in the dumpsters onsite, which
then leaked. A. Martin informed Mr. Scarpati that BASF would be receiving a NOV for
the discharge.
The small stream looked fine and had no trace of the blue dye. A. Martin believes that no
further cleanup is necessary, and will mark the location for periodic inspections.

EPIC - WQ PAGE NO: 1
b3/18)2001_J SERVICE REQUESTMORK ORDER
LOG NUMBER: 2003-00145 DATE: 02/10/2003 @ 16:14
SECTION: WQS TAKEN BY: Jay Wilson
ENVIRONMENTALIST: Jay Wilson
NATURE OF REQUEST: Citizen's Request
FILE DESCRIPTOR 1: IC-F(1)-CI
FILE DESCRIPTOR 2: BASF
REQUESTING PARTY INFO
CONTACT:
MR. EARNEST BRITTON
COMPANYMORKPLACE:
HERITAGE ENVIRONMENTAL, LLC 03910102
ADDRESS:
4132 POMPANO RD
CHARLOTTE NC 28216- -
BUSINESS PHONE NO:
[phone] HOME PHONE NO: ( ) -
NOTIFICATION PROMPT:
Phone Book
FACILITY INFO
COMPANY:
BASF - 4330 CHESAPEAKE DR 03909102
ADDRESS:
4330 CHESAPEAKE DR
CHARLOTTE NC 28216- -
CONTACT:
DAVID GRIFFIN
PRONE NO:
(704) 3924313
ACTIVITIES
SERVICE REQUESTED._:
Earnest Britton, the Compliance Officer for Heritage Environmental, called to report a stormwater drainage ditch adjacent to
his facility that was filled with a discolored discharge. He stated that he was sure it had not originated on Heritage's property.
ACTION TAKEN.......:
1131 /03
€ visited the site to investigate the reported condition at approximately 4:30 pm. Mr. Britton showed me the affected area and
we tracked the source to a stormwater outfall on the northwest side of the facility property. It appeared that the discharge
likely originated at BASF on Chesapeake Drive.
I drove around to the BASF plant and met Mr. David Griffin, Site Services Manager. I explained the purpose of my visit and
asked Mr. Griffin to show me around the facility, and in particular any areas that may drain to the storm water sewer in
question. The source of the discharge was not immediately evident but was eventually determined to come from an outdoor
dumpster that had been filled with old machinery. The dumpster was in a diked area that would normally return stormwater
for processing at the planfs pre-treatment facility before being discharged into the CMU sanitary sewer. The sump pump that
normally returns the storm water to the treatment plant malfunctioned and allowed contact -contaminated rain water to wash
over the curb and into the adjacent drainage swale which in turn delivered it to the storm sewer system. When we noted the
blue -stained curb where the discharge originated Mr_ Griffin agreed to pump out any recoverable waste water from the
drainage ditch beside Heritage Environmental.
211 /03
Returned at 10:30 am to check on dean up. All traces of blue -tinted water in the drainage ditch were removed. Mr. Griffin
informed via email that they had recovered approximately 400 gallons.
2/7103
Called Mr. Griffin to remind him to send a clean up report on company letterhead for records. He agreed.
2/14/03
NOV sent to BASF
2110/03

EPIC - WQ PAGE NO: 2
03118120E-1 SERVICE REQUESTNVORK ORDER
NOV issued.
2/18/03
Response received_
No Further action recommended
ATTACHMENTS:
City of Charlotte NOV
Response letter from BASF
COMMENTS. .......... :
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY:
Y
TIME ON SITE:
1:30
VERBAL OR WRITTEN:
V
TRAVEL TIME:
0:40
DATE NOTIFIED:
02/02/2003
ADMIN TIME:
2:00
NOTICE OF VIOLATION:
Y
MILEAGE:
0
LEGAL ACTION:
N
SITE VISITS:
0
WELL SAMPLE:
N
RECALL DATE:
1 1
OUTFALL SAMPLE:
N
STATUS:
CLOSED
LAKEISTREAM SAMPLE:
N
DATE CLOSED:
03/18/2003
EMERGENCY RESPONSE:
N
REVIEWED BY: JRM 03/14/2003

EPIC - WQ PAGE NO: 1
03/15/2003 NOTICE OF VIOLATION
LOG NUMBER: 2003-00145A
ADDRESSEE: Dr, Michael Young
TITLE: Site Manager
COMPANY/WORKPLACE: BASF - 4330 CHESAPEAKE DR
MAILING ADDRESS: BASF Corporation
4330 CHESAPEAKE DR.
CHARLOTTE, NC 28216
ENVIRONMENTALIST: JPW Jay Wilson
VIOLATION: Making an outlet to the Waters of the State
IS THERE A PENALTY?:
STREET ADDRESS: 4330 CHESAPEAKE DR
CHARLOTTE NC 28216- -
DRAFT COMPLETED:
1 I
DATE ISSUED:
02/14/2003
ACTION REQUIRED BY:
02/28/2003
DATE CLOSED:
03/18/2003
ENVIRONMENTALIST:
JPW Jay Wilson
GROUP LEADER:
JRM John McCulloch
PROGRAM MANAGER:
RSR Rusty Rozzelle
DEPUTY DIRECTOR:
DIRECTOR:
WP FILE NAME:
0300145A.nov
PENALTY FILE NAME:
0300145A.pen
COMMENTS:
03/05/2003
03/14/2003
03/ 17/2003
11

2003 - 00 rS3�SF
MECKLENBURG COUNTY
Land Use and Environmental Services Agency
Water Quality Program
February 14, 2003
CERTIFIED 11MAM
RETURN RECEIPT REQUESTED
Mr. Thomas Sattler, Business Director
BASF Corporation
P.O. Box 668846
Charlotte, NC 28266
SUBJECT: NOTICE OF VIOLATION
CHARLOTTE CITY CODE
Chapter 18, Article III.
Storm Water Pollution
Section 18-56.
Improper Disposal
Dear Mr. Sattlen
The Mecklenburg County Water Quality Program (MCWQP) has found that BASF Corporation
located at 4330 Chesapeake Drive in Charlotte, North Carolina, violated Charlotte City Code
Chapter 18, Article III Storm Water Pollution, Section 18-56, Improper Disposal, which states:
"Solids and fluids which may be harmful to biological life shall not be disposed in or near
the Storm Water System or at a location exposed to wind or rain which could transport
the substances to the Storm Water System. Prohibited substances include, but are not
limited to, oil, grease, household and industrial chemical waste. Quantities of leaves, dead
plant or animal matter and animal waste are prohibited when a detrimental impact
occurs."
The violation was determined by Mr. James Wilson, II of MCWQP on January 31, 2003 through
an on -site investigation at 4330 Chesapeake Drive which revealed the following:
Discharge of diluted phthalocyanine (dye) as a result of storm water entering an
open durnpster in a location where rain transported the dye to the storm water
drainage system which discharges to Stewart Creek.
PEOPLE • PRIDE • PROGRESS PARTNERSHIPS
700 North Tryon Street + Charlotte, North Carolina 28202-2236 + [phone] + Fax [phone]&46
www. storinwaterservi ces. com

Mr. Thomas Sattler
BASF Corporation
Page Two
February 14, 2003
To comply with Charlotte City Code, it will be necessary to do the following:
Provide this office with written notification by February 28, 2003 explaining the
actions taken to restore affected areas, correct the violation and to prevent future
discharges.
A follow-up investigation to this notice will be conducted by MCDEP on or about March 1, 2003
to determine compliance with the aforementioned regulations.
In accordance with Charlotte City Code, Chapter 18, Article 11L Section 18-60 Civil Penalties,
failure to comply with -this notice may result in a civil penalty of up to one thousand dollars
($1000.00) per day for first time offenders. Each subsequent violation is subject to incrementally
increasing penalties of up to an additional one thousand dollars ($1000.00) per day.
If you have any questions, please call me at 704-336-5500.
Your cooperation in this matter is requested.
Sincerely,
am 7PWi�lson, 11
Environmental Hygienist
Water Quality Program
Jpw
cc: Steve 7adlocki, Charlotte Storm Water Services
Rusty Rozzelle, MCDEP
FILE: KAENV\EF10WQ1N0V10300145z.nov
PEOPLE . PRIDE • PROGRESS PARTNERSHIPS
700 North Tryon Street • Charlotte, North Carolina 28202.2236 [phone] . Fax [phone]
www.stormwattrservices.com

EPIC - WQ ' PAGE NO: 1
11/1712003 SERVICE REQUESTMORK ORDER
LOG NUMBER:
SECTION:
ENVIRONMENTALIST:
NATURE OF REQUEST:
FILE DESCRIPTOR 1:
FILE DESCRIPTOR 2:
CONTACT:
COMPAN YNVORKPLACE:
ADDRESS:
BUSINESS PHONE NO:
NOTIFICATION PROMPT:
2003-00998 DATE: 07/17/2003 14:23
WQS TAKEN BY: John McCulloch
John McCulloch
Citizen's Request
ICF(1)-CI
BASF
JASON HOLLOWAY
4132 POMPANO RD
CHARLOTTE NC - -
[phone]
Phone Book
REQUESTING PARTY I
HOME PHONE NO: ( ) -
FACILITY INFO
COMPANY: BASF - 4330 CHESAPEAKE DR
ADDRESS: 4330 CHESAPEAKE DR
CHARLOTTE NC 28216-
CONTACT: Dr. Michael Young
PHONE NO: (704) 3984263
ACTIVITIES
03909102
SERVICE REQUESTED..:
Jason Holloway of Heritage Environmental reports that the drainage channel beside their facility at 4132 Pompano Road is
filled with a blue substance.
ACTION TAKEN.......'
6/23103 - 11:30am
John McCulloch and Rusty Rozzelle met Jason Holloway at the Heritage Env. facility located at 4132 Pompano Road so he
could show us where the blue substance was,
The blue substance was present in a small ephemeral channel located along the fence at Heritage Environmental. Mr.
Holloway stated that he had observed this material in the channel on other occassions prior to this. The material was flowing
at this time.
Rusty and I took photographs and began tracking the blue substance upstream to determine the source. The channel
eventually was piped underground right at the rear security fence surrounding BASF.
We spoke with Dr. Michael Young, Site Manager at BASF, and told him what we had observed in the channel. Dr. Young
walked the site with us and we located a stormwater catch basin at the rear of the facility that contained the same blue
substance.
Dr. Young was certain that the material was not coming from the BASF facility and asked if we could come back to the site in
an hour when his environmental manager would be back from lunch.
Rusty and I left and returned at approximately 1:15pm. We met with Ms. Mary McCoy, CIH, Environmental Health and Safety
Manager for the facility, Ms. McCoy accompanied us to the stormwater catch basin and to the drainage channel to observe
the discharge. At this time, the flow had nearly ceased.
We began checking around the facility to determine the source of the discharge. Ms. McCoy did not believe it was originating
from BASF. However, there were similar blue dyes stored on the premises.
Called Jay Wilson to get him to bring out a YSI and sample bottles. Sampled the liquid in the ditch. Sample ID - 211425

EPIC • WQ PAGE NO: 2
11/17/2003 SERVICE REQUEST/WORK ORDER
We requested that BASF pump the material from the ditch as they had experienced similar discharges in the past They
agreaded and pumped the material Into totes and transported it back to -their wastewater pre-treatment system for disposal.
Turned samples in to lab for BOB, COD, Surfactant, and metals analysis.
Field measurements:
pH = 7.2
Cond. = 115
Temp. = 22.57c
D.O. = 7.27
6/24/03
Ms. McCoy sent a fax to MCWQP stating that a worker at the facility had rinsed some totes containing residual dye. The
automated stormwater valve was in the open position (should have been closed) and the solution was discharged to the
stormwater outfall instead of going to the pre-treatment system.
History:
Jay Wilson responded to a similar blue discharge to the same ditch on January 31, 2003. A NOV for violation of the Charlotte
Stormwater Ordinance was Issued. No penalty was assessed.
Partial lab results received on 7116/03:
BOO = 4B.6pp 1
C015 702ppm
Surfactant = <0.40ppm
8/5103
Received NOV/NRE response from BASF. The response explained the company's position on the incident and explained
measures to be implemented to prevent future occurrences of such discharges. (see attached response letter)
8/13/03
Received remaining laboratory results for the discharge sample.
Mineral Metal Results:
Al = 720ppb
Ca = 8,500ppb
Cu = 14,50ppp]
Fe = 2,580ppb
Mg = 2,000ppb
Mn = 210ppb
K = 2,720ppb
Si = 3,830ppb
Na = 20,600ppb
EZnTi50pp jb
Toxic Metal Results:
Sb = <7.Oppb
As = <5.Oppb
Ba = 313ppb
Be = <25.Oppb
Cd = <2.Oppb
Cr = 14ppb
Pb = <5.Oppb
Hg = <0.2ppb
Ni = <5.Oppb
Se = <5.0ppb

EPIC - Wo PAGE NO: 3
11117r2003 SERVICE REQUESTMORK ORDER
Ag = <5.Oppb
TI = <5.Oppb
Waiting on response from MRO on what further action to take.
MRO decided not to pursue enforcement on this matter based on the facilitie' response and actions. The facility also stated
that all production activities at the subject location will cease shortly. At this time, they are cleaning the facility for production
shutdown. Only indoor laboratory work will continue.
Contacted Commissioner Norman Mitchell to inform him of the status of this incident. Mr. Mitchell is interested since the
facility falls within his district and he is aware of past discharges that have occurred.
Commissioner Mitchell also requested that I provide him with a summarylhistory of MCWQP dealings with this facility.
COMMENTS...........:
See attached NOWNRE. Response letter from BASF, Historical information prepared for Commissioner Norman Mitchell
SAMPLES
DISPOSITION, ETC.
NOTIFIED REQ PARTY:
Y
TIME ON SITE:
3:00
VERBAL OR WRITTEN:
V
TRAVEL TIME:
0:30
DATE NOTIFIED:
07/17/2003
ADMIN TIME:
3:00
NOTICE OF VIOLATION:
Y
MILEAGE:
0
LEGAL ACTION:
N
SITE VISITS:
3
WELL SAMPLE:
N
RECALL DATE:
1 /
OUTFALL SAMPLE:
N
STATUS:
OPEN
LAKEISTRE..AM SAMPLE:
N
DATE CLOSED:
/ 1
EMERGENCY RESPONSE:
N
REVIEWED BY: 1 1

O� kArA 9 Michael F_ Easley, Governor
O��QG William G. Ross Jr.• Secretary
} y North Caroiina Dcparunent of E--rvironment and Natural Resources
j Alan W. Klimek, P. E_ Dirccror
� Division ofWatcrQuality
Coleen H_ Sullins, Deputy Director
Division of Watts Quality
July 25, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Thomas Sattler, Business Director
BASF Corporation
4330 Chesapeake Drive
Charlotte, NC 28216
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
G.S. 143-215.1(a)
Discharge of Wastewater
BASF Corporation
4330 Chesapeake Drive, Charlotte
Mecklenburg County, NC
Dear Mr. Sattler:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and
directs the Environmental Management Commission of this Department to protect and preserve
the water resources of the State. The Division of Water Quality has the delegated authority to
enforce adopted pollution control rules and regulations.
On June 23, 2003, Messrs. John McCulloch, Jay Wilson, and Rusty Rozzelle of the
Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of the
BASF facility property located at 3330 Chesapeake Drive in Charlotte, N.C. This investigation
was conducted as part of a cooperative working agreement between Mecklenburg County and
the Division of Water Quality. As a result of this investigation, the following condition was
found on the property in violation of G.S. 143-21 S. 1(a):
Discharge of a blue colored wastewater to a drainage channel which flows
directly to Stewart Creek, a Class C water in the Catawba River Basin.
A
`JCDENR
Mooresville Rcgional Office, 919 North Main Sttoet, Mootrsvtlle, North Carolina 281 l5
Phone [phone] CustomcrScrv=
Fax [phone] i7-623-6748

Mr. Thomas Sattler
Page Two
July 25, 2003
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day
when the violation is of a continuing nature, against any person wbo is required but fails to apply for
or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to
the surface waters of the State that may result from the unpermitted discharge.
To comply with the law, it will be necessary to immediately discoutinue all illegal discharge
activity. It is also recommended that you implement corrective actiom to eliminate the potential for
recurrent illegal discharges.
It is requested that you respond, in writing, to this Notice, indicating the actions you have
taken to correct the violation. Please address your response to me by no later than August 11,
2003. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North
Tryon Street, Suite 205, Charlotte, NC, 28202.
This purpose of this letter is also to notify you that this Office is considering sending a
Recommendation for Enforcement to the Director of the Division for the subject violation If you
have an explanation for the violation that you wish to present, please include it in the
requested response. Your explanation will be reviewed and if an enforcement action is still
deemed appropriate, your explanation will be forwarded to the Director, along with the enforcement
package for his consideration.
Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me
at 704/663-1699.
Sincerely,
,n
D. Rek Gleason, P.E.
Water Quality Regional Supervisor
cc: Rusty Rozzelle, MCWQP.
DRG/jrm
FILE: K-- ENV\ PIC1 WQNOV163-00998

w A r�9Qt;
r
April 20, 2005
James B Kitkowski
BASF Corporation
26 Davis Dr
Research Triangle Park, NC 27709
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality,
Coleen�H�Sullins EDeputy Director
M;'bivision of Water Qual'sryZ ZG
Subject: No Exposure Certification NCGNE0120
BASF Corporation - 4330 Chesapeake Dr
Mecklenburg County
Dear Permittee:
APR 2 7 2005
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES
Stormwater Permitting form, which we received on June 9, 2003_ 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 12622(g) which is incorporated by
reference in North Carolina regulations. In addition, your coverage under general permit NGS000356 is also
hereby rescinded. This rescission is based upon your certification of no exposure conditions at this facility.
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 [phone] ext.
537, or at [e-mail].
Sincerely,
for Alan W. Klimek, P.E.
cc: Mooresville Regional Office Central Files - wlattachments
Stormwater Permitting Unit Files Fran McPherson - DWQ Budget
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
�JOA
X-6ENR
Customer Service
1-877-623-6748
C"

1
BASF Corporation
CERTIFIED MAIL#: 7099 3400 9546 1524
June 5, 2003
Mr. Bradley Bennett
NCDENR-Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Bennett:
BASF
i
tool s - NnP
The BASF Corporation facility at 4330 Chesapeake Drive in Charlotte N.C. has an individual storm water
permit number NCS000356. This permit was issued on December 14, 2001. BASF had operated a chemical
manufacturing unit with SIC code 2869, 2002 NAICS code 32519, at this site until December 31, 2002.
BASF Corporation will continue to operate 4 research and development laboratories as well as business
offices at the site, The 2002 NAICS Code for the site is 541701 Research and Development in the Physical,
Engineering, and Life Sciences.
Beginning in January 2003 we have been conducting cleanu and decommissioning of the manufacturing
and c emlcal handlin jequipment on site. Working with Charlotte Mecklenburg Utilities (CMU), with whom
we have a wastewater pretreatment permit, we have developed a plan to handle wastewater from the labs
that prevents rainwater from being sent to CMU's wastewater treatment system. To accomplish this we are
reconf` igrin�ystem so a onion of the wastewater pretreatment system, after being cleaned, will be
used for .taLater management. The details are in the attached letter to Ms. Angela Moore of CMU.
This process will be complete in the next few weeks. Accordingly, I have -enclosed a completed EPA NPDES
form 3510-11, NO EXPOSURE CERTIFICATION as directed by your staff.
Should you have any questions comments or concerns please contact me at 704-398-4298 or via email at
mcco m basf.com.
Sincerely,
el If
7��93-v
Mary F. McCoy, CH
J.David Griffin, file
4330 Chesapeake Drive, Charlotte, North Carolina 28216 [phone]

BASF Corporation
CERTIFIED MAIL: 7002 0460 0003 0561 0619
May 27, 2003
Ms. Angela Moore
Charlotte -Mecklenburg Utilities
System Protection Division
5100 Brookshire Blvd.
Charlotte, NC 28216
Dear Ms. Moore:
This correspondence is to update you on the progress of changes at the site since our meeting on 4/30/2003.
We have contacted Steve Jadlocki, of Mecklenburg County Stormwater Engineering as you suggested. Mr.
Jadloocki indicated that since we have an individual permit issued by the state his organization would consult
with us, but jurisdiction remained with the state.
Clean-up: We have finished the clean-up of the operations equipment inside the buildings. All the storage
tanks have been emptied and cleaned with a few exceptions. We have acid and caustic for pH adjustment of
the wastewater, a tank of water from cleaning to be sent through the UFU and a single storage tank of a product.
What remains to be accomplished is completing the treatment of wash water in the UFU, cleaning the single
product storage tank after product is removed, pressure washing the tank farm pad and drains as well as the
interior walls of the waste water basins and pumping stations.
Re -fitting: We plan to re-route the drains from the four Laboratories so that they discharge directly into sanitary
sewer lines on site.
Storm water from some roof drains the tank farm and the former outside material handling areas will continue to
be collected in the wastewater basins. The basins and associated pumping stations after through cleaning will
become a storm water management system. Storm water collected in the basins will be visually inspected and
then discharged to the ditch on the east along Collins road via a small manually operated sump pump that will be
installed in the basin.
The pumps and piping systems which currently are used to pump water the wastewater flume and Pipe 001 for
discharge to CMU sewer system will be de -energized and the main manual valve will be locked closed. CMU
may place a lock on this valve also if you choose. Storm water from the area which we designated as "first flush",
will be discharged directly to storm water via the valve currently opened after the first flush.
Timing: We anticipate this work will be complete by August 1, 2001
If you have any questions, comments or concerns, please contact me at 705-398-4298 or via email at
mccoym(c)basf.com.
Sincerely,
�me��/,, /
Mary McCoy, CIH
cc. J.DGriffin, JRRogers, Steve Jadlocki, Stormwater Engineering, 600 East 4th Street, Charlotte, Nc 28202
CERTIFIED MAIL: 7002 0460 0561 0626
4330 Chesapeake Drive, Charlotte, North Carolina 28216 [phone]

r*
United States Environmental Protection Agency Form Approved
9 Y OMB No. 2040-0211
NPDES SWEPA
Washington, DC 20460
510-1 NO EXPOSURE CERTIFICATION for Exclusion from
FORM
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 Generai 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 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
1. Name: I B I AI Si F ICI 01 RIP t0 I R iAI Ti I QN I L I I I I_ I L _I I I l 1 12. Phone: p 10 14 131 9� 14 12 1 91 8 j
3. Mailing Address: a. Street: 141 33 101 C F T I S I Al PIE IA IK I E I ID tR I I I V I EI I I I I I I I I I I I
b. City: I CI HI AIR IL-1.01 TIT B I I I I I I I I i I I I I c. State: IN I C1 d. Zip Code: 2 18 12 1 1 1 61 — i3 14 1 1 1 11
B, Facility/Site Location Information
1. Facility Name: I A IS IFR I -PA fr iI O I N
2. a. Street Address: 14 13 1 31 01 IC I H I E I Si AP I E I A I Kt 1� ID I R I II VI $ 1 1 1 1 1 1 1 1 1 1 1
b. City: I Q RA I I L,LOLTI 1 3 I -L I _L L I I I I I I Lj c. County: R4 I E I C 1 KIL IE IN I B I UI jq
d. State: 1 Ni CI e. Zip Code: 12 1 81 21 If 6 —1 31 41
3. Is the facility located on Indian Lands? Yes ❑ No
4. Is this a Federal facility? Yes ❑ No ❑X
5. a. Latitude: I S I 91 o 11 16 1 b. Longitude: 10 [ 81 01 ' L4_L5j 11 16 1 "
6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes [� No ❑
b. If yes, enter NPDES permit number: ,NCS0003515,
0-
7. SIC/Activity Codes: Primary: 181 71 11 Secondary (if applicable):
8. Total size of site associated with industrial activity:
.1
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
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

NPDES NO EXPOSURE CERTIFICATION for Exclusion from Form Approved
FORM „EPA 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
❑
KI
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 spillstleaks
3. Materials or products from past industrial activity
4, Material handling equipment (except adequately maintained vehicles)
X❑
5. Materials or products during loading/unloading or transporting activities
8. 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 handledistored on roads or railways owned or maintained by the discharger
❑
FLI
9. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters])
El
KI
10. Application or disposal of process wastewater (unless otherwise permitted)
0
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: � J. ID I At V1 TID'I I GI RI Tl RF I I I Ni I I I I I 11 I I I I I I I I I �
Print Title:
n .n rA ,
Signature:
Date: I op 11 ?'I`Z)10l.3
EPA Form 3510-11 (10-99) Page 2 of 4

BASF Corporation
BASF
Environmental Permit/Reporting Signature Authorization
Under federal, state, and local environmental laws, which require certification of
certain permit applications, reports or other documents, authority may be delegated to a
duly authorized representative with responsibilities for that operation.
The managerial position identified below is responsible for environmental activities at
the Charlotte, Chesapeake Drive facility and has responsibility for the overall operation of
the site or plant facilities subject to environmental permitting.
Therefore, 1, Carl A. Jennings, Executive Vice President BASF Corporation,
President NAFTA Region I Division, do hereby authorize J. David Griffin, Production
Manager to certify any such permit applications, reports, and other required regulatory
documents on behalf of BASF Corporation.
This authority shall continue until revoked, modified, or superseded.
NAME
Exec. VP, BASF Corporation, President, NAFTA Region I Division
Title
Date
Concurrence:
�S ven A. Coppola;(NO IE
l
r'
J`nK4i E. Poff (N`. S/U)
WANDA L RODEtS
'ROTARY PUBUG, State of New Jersey
Qualified in Warren Cau4
Cammissian Expires January 22. 2003
3000 Continental Drive -North, Mount olive, New Jersey 07828-1234 Telephone [phone]