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HomeMy WebLinkAboutNCGNE0667_COMPLETE FILE - HISTORICAL_20140411STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NC(3NErDU DOC TYPE C)( HISTORICAL FILE DOC DATE ❑ va YYY, riMDD NCDENR North Carolina Department of Environment and Natural Resources Pal McCrory Governor Mr. Michael J. Gerke IsoNova Technologies, LLC P.O. Box 4086 Springfield, MO 65808 Dear Mr, Gerke: John E. Skvada, III Secretary April 11, 2014 Subject: Name/Ownership Change Request No Exposure Certification NCGNE0667 IsoNova Technologies LLC Formerly American Dehydrated Foods, Inc. Harnett County The Division has reviewed your submittal of the permit name/ownership change form for the subject No -Exposure Certification, which we received on December 30, 2013. Division personnel have reviewed and approved your request to transfer the exclusion from NPDES stormwater permitting requirements. Please note that by our original acceptance of the No -Exposure Certification and by our approval of your request to transfer it, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for the 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. Annual re -certification is required, and we have enclosed one blank Annual No Exposure Exclusion Self Re -Certification form for your use. 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. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:llportal,ncdenr.orglweb/Irl An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 807-6300. Sincerely, ORIGINAL SIGNED 131 KEN PICKLE for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc: Fayetteville Regional Office, B. Cole Stormwater Permitting Program Files Deborah Reese, DEMLR Budget Office — please update billing info Central Files North Carolina Department of Environment and Natural Resources Division of Water Qualitv Severly Eaves Perdue Coleen H. &Ains Governor Director April 12, 2010 American Dehydrated Foods, Inc. Attn: Tobin S. Powley, Corporate Engineering Manager 3801 East Sunshine Springfield, MO 65808 Subject: No -Exposure Certification NCGNE0667 American Dehydrated Foods, Inc. Harnett County Dear Mr. Powley: Dee �rcernar� Secret arV The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form. Based on your submittal and signed certification of no exposure at the above referenced facility, as well as observations made during a site visit conducted by Mike Lawyer with the Fayetteville Regional Office on April 9, 2010, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. We are also hereby rescinding your current permit Certificate of Coverage NCG060204. 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 fora 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 11, 2015). At that time you must re -certify with the Division or obtain NPDES permit coverage for any stormwater discharges from your facility. Your conditional exclusion from permitting 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 Mike Lawyer at (910) 433-3329, Sincerely, &tnw,�o J. w for Coleen H. Sullins cc: Jim Shirley, Plant Manager-ADF, Inc., PO Box 1767, Lillington, NC 27546 FRO -Surface Water Protection DWQ Central Files, Stormwater Permit Rescission-NCG060204 Stormwater Permitting Unit, No -Exposure Files -Sarah Young Fran McPherson -Budget Office ;_ccaticn: 22S Green Street. Suite 712. Fayetteville. North Carolina 28301 P!-•one: 910-433-3300 t FAX: �_'- IGd86-0707 k Cusiomer Service: 1-877-623-67e8 in!ernet:yAyw.ncwaterquality_orq 0; ' 1. y YF _i GAIF NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Michael J. Gerke IsoNova Technologies, LLC P.O. Box 4086 Springfield, MO 65808 Dear Mr. Gerke: John E. Skvarla, III Secretary April 11, 2014 RECEIVED APR 14 2014 CENTRAL FILES DWQIBOG Subject: Name/Ownership Change Request No Exposure Certification NCGNE0667 IsoNova Technologies LLC Formerly American Dehydrated Foods, Inc. Harnett Countv The Division has reviewed your submittal of the permit name/ownership change form for the subject No -Exposure Certification, which we received on December 30, 2013. Division personnel have reviewed and approved your request to transfer the exclusion from NPDES stormwater permitting requirements. Please note that by our original acceptance of the No -Exposure Certification and by our approval of your request to transfer it, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for the 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. Annual re -certification is required, and we have enclosed one blank Annual No Exposure Exclusion Self Re -Certification form for your use. 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. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: httpalportal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper r If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 807-6300. Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources cc. Fayetteville Regional Office, B. Cole Stormwater Permitting Program Files Deborah Reese, DEMLR Budget Office — please update billing info Central Files I State of North Carolina Department of Environment and Natural Resow Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CH I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: `A 6 ZIE65;Z,9- 7 2. Project Name: ____ 1449Wi 3. Current Permit Holder's Company Name/Organization: �-,u 4. Signing Official's Name: 0 cAal-- -i,,—✓.., .. Title: l 5_ Mailing Address: STO : City:��ti,t�� Stater Zip: 6. Phone: (5-/( 2} M- 27SS _.__ Fax: (5 / 7) II. PROPOSED PERMITTEE 1 OWNER 1 PROJECT 1 ADDRESS INFORMATION This request is for: (please check all that apply) Name change of the owner (Please complete Items 1, 2 and 3 below) Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address 1 phone number change`. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: "Z � A -r t�S 2. Proposed permittee's signing official's name: �� 1..� �rc✓k __��1�►�l J U' 3. Proposed permittee's title: ..���.;,,, �s��Y- l�i��.r�� — , � A T3F,�nc 4. Mailing Address:_ ��%Sc �'�iY� ✓ �°��r"ed- i�p i� oo��,c¢ P,a-mac rs�Neva ;Pg� City: State: Zip - Phone: (mell 7 } _7,T -5,270 !_ Fax: (`112)- 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: + ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner i Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4 ) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) 1- {,d,}� u rrr�- /a0c k 1�(� 4—)s�1 (IC i SSW Nl0 Change Rev24Sept2012 I Page 1 of 4 t , I11. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed'and sigrled`by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by. the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. S IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statemeriI s and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, i i ,the current permittee, hereby notify the DWQ that I am :changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. f JJ' Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. 1, ,� n , the current permittee, am submitting this application :for a transfer of ownership for permit # C 6J5 1 hereby notify DWQ of. the sale or other legal transfer of the stormwater system_ associated with h this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded -deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I -_further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections 11 and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: Date: 1, L 40/' ��' j „a Notary Public for the State of �i S562c_v-i , County of do hereby certify that 0-ha personally appeared before me this the i 20' -6 day of �6t d fir b e9— and acknowledge the due execution of the for of instrume t. Witness my,hand and official seal, (Notary Seal) i I Lp,URA L. WlLL1AM otary Signature E NotaryPublic - Notary Seal STATE OF MISSOURI Christian county Cor`nm#10986951 I My commission Expires June 20, 2014 SSW N/O Change Rev24Sept2012 1 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 1,a /�,/��,�,_;- ��%„��- u�' , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining ,the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement ❑past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans; and other documents listed above, and i will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all, required supporting information and attachments listed above are not included, this application package will be returned as incomplete. i �o,r3 :Signature: ! Date: / I, 's a Notary Public for the State of 55lS7.�r� _ , County' of do hereby certify that ._M_c Aa e_1 J. I personally appeared before -me this the day of 6eM b e-r , 201, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature i LNotary UR L. WI I_lAMS Public — Notary Seal ATE OF MISSOURI County -- Comm#10986951 ission Expires June 20, 2014 Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. i This completed form including all supporting documents and rocessin fee if required),should be P � 9` PP 9 p 9 (� sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. r Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. i r ; SSW N/0 Change Rev24Sept2012 Page 3 of 4 I V1. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections Il and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form. - Printed Name: Organization. Title within the Organization: Street Address:.OT;�% S 1 City: State: 2"' 61 Zip: Mailing Address: City: — Phone: Email (if different from street address) 1 State: Zip: -1?- S i Fax: I certify that 1 own the property identified inIthis permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge! understand, and agree by my signature }below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/OWnership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner �J"­ Date. a Notary -Public for the State of SS , County of , do hereby certify that r # personally appeared before me this the _�_L� day of QCLCM1jC t 1 , 20 �3 , and acknowledge the due;execution of the forAloing instrument Witness my hand and official seal, (Notary Seal) %Nta Signature ! NATALIE BOWEN j Notarryy Public - Nota Seal j STChristianMCoounty My Commission Expires Sept. 5, 2016 Commission #i12391341 r SSW N/O Change Rev24Sept2012 f Page 4 of 4 a F DEN Norin' Carolina department or Environment and Natural Resources Division of Water Qualitv Beverly Eaves Perdue Coleen H. Sullins Governor Director April 12, 2010 American Dehydrated Foods, Inc. Attn: Tobin S. Powley, Corporate Engineering Manager 3801 East Sunshine Springfield, MO 65808 Subject: No -Exposure Certification NCGNE0667 American Dehydrated Foods, Inc. Harnett County Dear Mr. Powley: Dee Fre rr_:r, SCi re.3ry The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form. Based on your submittal and signed certification of no exposure at the above referenced facility, as well as observations made during a site visit conducted by Mike Lawyer with the Fayetteville Regional Office on April 9, 2010, the Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations. We are also hereby rescinding your current permit Certificate of Coverage NCG060204. 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 11, 2015). At that time you must re -certify with the Division or obtain NPDES permit coverage for any stormwater discharges from your facility. Your conditional exclusion from permitting 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 Mike Lawyer at (910) 433-3329. Sincerely,, &L�t-da7 J. WZ-7 r+�- for Coleen H. Sullins cc: Jim Shirley, Plant Manager-ADF, Inc., PO Box 1767, Lillington, NC 27546 FRO -Surface Water Protection DWQ Central Files, Stormwater Permit Rescission-NCG060204 Stormwater Permitting Unit, No -Exposure Files -Sarah Young Fran McPherson -Budget Office Lecalion: 225 Green Street. Suite 17 V.. Fayetteville, North Carolina 28301 P}lone7 9M-433-3.300 % FAX: G IG-486-0707 l Cu;lomer Service: 1-877-623-6718 intemet: www.ncwa1ergua41V.0rg k^ �quC�i QG;?criunita l r'.:fifm�i;ive Acton En��acy�� Q,tc N6t(hiC_,arr)ollr/?1 �t L 1_0/23/2009 12:12 19108142225 ADF LILLINGT©N ef?'DPAGE ray AC1L'VCY USL' O'Lti. � Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System M�"pEH ¢..R.. ,... NO EXPOSURE CERTIFICATION for Exclusion r....,... , �� �.s....n.,.,, .., NCGNEOOQO No EXPOSURE CERTIMATION Please check here if this is a renewal: C3 RENEWAL National Pollutant Discharge Ellmination System application for exclusion from a Stormwater Permit based on NO EXPOSURE: 01/07 �'/S% Submission of this No Exposure Cer1N1=f1on constlfules notificallon that your facility does not require a permit for stormwater discharges associated with industrial activity in fhe State of North Carolinas because it qualifies for a no exposure exclusion. A condition of no exposure at an Industrial facility means all industrial materials and aeflVitfes are protected by a storm resistant shelter (with sane exceptions 0 to prevent exposure to rain, snow, snowmelt, andlar runoff. i c r-_. _ . For permitted facilities in North Carolina, DWQ must approve your application for c Exposure Certification before this exclusion is effective, Until you are issued a Nip Di ; 11 Exposure Certification and your NPDES:permit is rescinded, your facility must co true to abide by the terms and conditions of the current permit. 3 :s Industrial materials or activities in*We, but are not limited to: material handling equlpmonl or a - tr)es, r� industrial machinery. raw makWals, intermediate products, byproducts, final pmduett or waste 1 wets= Mtertal handling activities include the stange, loading and unloading, transportation, or convo r�___ any raw materiel, intermediate product, final product or waste product. A storm resfstant shelter i Chat required for the following industrial materials and sctiMes: drums, barrels, tanks, and similar ca that are nightly sealed, provided those containers are not deteriorated and do not leak- `Sealed' means banded or otherwise secured and with locked or non-vperatlonal We or valves; adeg1tately maintained vehicles used in material handling; and final products, other than products that would be mobftred In stornnvater discharges (e.g., rock salt). A No Exposure Certification mast be provided &C eoc i facility quall ng for the no exposure exclusion, In addition, the exclusion from NPDES permftfing is available on a facility -wide basis only —not for individual ouffalls. If any Industrial activities or materials are, or will be, exposed to preclpllatlon, the facility is not eligible for the no exposure exclusion. By s►grring and submitting this No Exposure Certification form, you certify that a condition of no exposure exists at this facility or site and are obilgated to comply with the terms and condltlons of 40 CFR 122-Mg). You are reguu red to reapply for the No Exposure Excluslon once every fine (5) years. t) For questions, please contact the awo Regional Office for your area. (See page 6) (Please print or type) Malling address of ownerloperator LMLVM to which 411 c10 o s e � be ai Name 4Ma,': 4A •J �/ C>�I A SLj -PoOd!r INC- Contact Street Address city Telephone No. swu-NE•oa 1 ao4 88/--'r963 Page 1 of 7 DENR—FI0 JAN 0 5 2010 Last revised ?J131009 ® f� s 10/23/2009 12:12 19108142225 ADF LILLINGTaN PAGE 02/07 NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: / Facility Name Jeie r_i rsr tJ fe d A'# d-5_.,-- Facility Contact _ .� 1' M Street Address _J ! �''Y _ L:.. ._� °. Am 17,67 City—�1:.�' _ StateA/C ZJP Code 7 County hf A v N e _ Telephone No_ 91 a 232 3 Fax: n 3) Physical location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). _b(L44jA#ate _ -7'o Al CAle, Z c5t_rlee _T�PN LaaO i L Go (A copy of a map with the fadtify clearly located on it should be included with the certification appOcation_) 4) Is the facility located on Native American Lands? ❑ Yes VINO S) is this a Federal facility? ❑ Yes urNo 6) Latitude Longitude (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility V Existing Date operation is to begin Date operation began s� Q q ❑ Renewal of existing No Exposure Certification Certification No_; NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? l/Yes Cl No If yes. what is the NPDES Permit Number? O Soo o _1f 9) Standard Industrial Ctawiffcation: Provide the 4 digit Standard Industrial Classification -Code (SIC Code) that describes the primary Industrial activity at this facility SIC Code: a a ) S 10) Provide a brief description of the types of industrial activities and products produced at this facility: .Sgearl++e L: au.'d ,C'_t 9 rrooj SheLL Far A;00 r�a� 11) Doers this facility have any Non -Discharge permits (ex: recycle permits)? is to O Yes if yes, list the permit numbers for all current Non -Discharge permits for this facliity: ®ENR-FRO JAN 0 5 2010 ®WQ Page 2 of 7 3WU-NE-o213o9 Last revfsed 211312009 Fli- r NGUNEOOOD No Exposure Certification grnnsirre CttE Aft& (12. -. t4.) 12) Are any of the following materials or act]vlttes exposed to preelpitation, now or in the foreseeable future? (Please check either "Yes" or "No.") if you answer "Yes" to arty of these Items, you are pot eligible for the no exposure exclusion. a- Using, storing, or cleaning industrial machinery or equipment, and areas where a Yes VNo C NIA residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater b. Materials or residuals on the ground or in stormwater inlets from spfilslteaks 0 Yes 91N0 © NIA c, Materials or products from past industrial activity a Yes VNo 13 N/A d. Material handling equipment (except adequately mair4ained vehicles) a Yes T(Nn 0 N/A Ao e. Materials or products during loading/unloading or transporting activities M Yes 0 N/A f. Materials or products stored outdoors (except final products Intended for outside ❑ Yes R/No ❑ NIA use (e.p.. new cars) where exposure io stormwater does not result in the discharge of pollutants) g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, © Yes M No la NIA and similar cordainers h. MaterWs or products l~3ndlecUstored on roads or raltways owned or maintained by 13Yes 5;/Nu 0 N/A the discharger L Waste rnaterlel (except waste in coverod, non -leaking containers [e.g,, dumpsters]) 0 Yes I�o NIA j- Application or disposal of process wastewater (unless otherwise permitted) 0 Yes Vi/Vo o 0 NIA k- Particulate matter or visible deposits of residuals from roof stacks and/or vents not 0 Yes I9/Na 0 NIA otham6se regulated (i-e-, under an air quality control permit) and evident in the stormwaler outflow I. Empty containers that previously contained materiaf5 that are not property stored G Yes V No © NIA (i.e., not closed and stored upside down to prevent preL*ltatlon accumulation) m. For any exterior ASTs, as well as &urns. barrels, tanks, and similar containers ❑ Yes M No El N/A stored outside, has the facility had any releases in the past three (3) years? 13) Above Ground Storage Tanks (ASTs): It you answer "No" to any of the following items, you are Ut eligible for the no exposure exclusion. a- Are exterior ASTs or piping free of rust, damaged or weathered coating, pits. or deterioration, or evidence of leaks? b. [s secondary containment provided for all exterior ASTO If so, is it free ut any cracks, holes, or evidence of leaks. and are drain valises maintained locked shut? SWU-NE-021309 Page 3 of 7 2/Yes o No O N/A ®'Yes 0 No © N/A Last r0vtsod 2113/2009 :q- - ey, vl•. _ :: I, FI`,;'. d P40GNECODO No Exposure Cerfi#ici tion 14) Secondary Containment: It you enywer- "No" to any of the following iterras, you are rroit eligible for the no exposure w luaion- / a, is secondary containment provided for single above ground storage containers DIYes ❑ No d NIA (including drums, barrels, etc.) with a capacity of more than 660-gallons? b, Is secondary containment provided for above ground storage containers stored Wffes 13 No ❑ NIA in close proximity to each other with a combined capacity of more than 1,320- gallons? f c. Is secondary containment provided for Title Ili Section 313 Superfund L' Yes ❑ No 5 WA Amendments and Reauitwrkzation Act (SARA) water priority gtteMlcals'? d. Is secondary containment provided tar Nviardpus substamgs * designated in 40 Gt Yes ❑ No ❑ NIA CFR §116? e. Are release valves on ail secondary containment structures locked? M/Yes ❑ No ❑ NIA 15) Hazardous Waaate: ra. Is this fac city a Hazardous Waste Treatment. Storage, or Disposal Facility? Dyes A0 ❑ NIA b. Is this facflity a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes 9fNo ❑ NIA generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg, or mate of hazardous waste ❑ Yes VNo 0 NIA generated per month) of hazardous waste? If you answered yes to questions b, or c., please provide the following information: Types) of waste; How is material stored: Where is material stored: How many disposal shipments per year: _ Name of transport I disposal vendor: Vendor address; - -- POOMMS to Questions 14) C. & d. "Note that amounts bekmr the 660-gallon (single) and 1,320-won (combined) milk storage minimums require secondary containment However, some exceptions may be matte for de minimis amounts of certain substances, and/or other quairfiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CPR §372.38. —Note that amounts below the 660-gallon (single) and 11,320-gallon (combined) bulk storage minimums require secondary containment- However, some exceptions may be made for amounts less than the Raaportable Quantities of the hazardous substances listed in 40 CFR §117.3. Page 4 of 7 SWU-NE-021309 Lest rvlsed 21131POO9 10/23/2009 12:12 19103142225 ADF LILLINGTON PAGE 05/07 NCGNF-0000 No Exposure Certification 16) other Iniarrtnatfon: If you answer "Yes" to any of the following Items, you might not be eligible for the no exposure exclusion. A more In-depth evaluation of the site circumstances may be required. a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes M(No ❑ NIA b. Does your facility have coal piles on site? to Yes f_ No p N/A c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes l(No El NIA sawdust, etc.? d. Does your facility have alr emissions associated with its industrial activity (e-g., degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: e. If you answered yes to d., are those emissions permitted by an Air Ouallty Permit? Please specify: i. Please list any other environmental program permits (federal, state, etn,) not specified earlier in this application (such as Hazardous Waste Permits, etc-): Permit: Program: Fermit: Program; Permit: Program: Permit: Program: Permit: Program: PenMR: Program: Permit: Program: ❑ Yes Wa No 0 N/A o Yes []No 0 NIA Page 5 4i 7 SWU-NE-0213o8 Lest revised 2143120Qg : r�Ys. _ , ; nF; _ =;i d ...: : i.lr;r� N•� 'EN.ir' ��i f�S NCGNEOOOO No Expowre Certification 17) certmC6tiow I certify under penalty of law that I have read and understand the eilgiNlity requirements for claiming a oonditioon of "no exposure' and obtairdng an exclusion from NPDES stomwMer permltilrlg. I certtty under prircraity of law that there are no disc� of stornmater contaminated by eVosure to Industrial activities or matsriats from the Industrial facility or sire iden~ In this document (except as allowed under 40 CFFI 122.26(g)(2)). I understand that I am obligated to gybmit a no MgMure certification far to the North Carolina Division of Water Quality and, if requested, to the operator of the focal municipal separate storm sewer system (MS4) into which the fat lityy dis� (where applicable). i of ftstw ttW I must allow th9 NOdh Carotfna DM$Ion Qf Water Ouatity, or K464 operamr wtrere the discharge is into the foul MS4, to polarm inspections to cot11lrm the condMon of no exposure and to mako such Inspection reports publicly available upon request. In the eiv nt that the site no longer qualifies for a Into Erasure Ezdusion, I understand thM I must obtain coverage under an NPDES permit prior to any point source discharge of aWmriater from the tactifiy. Additionally. I certify under penalty at law that this document and ail ettachmenta were prepared under my direction or supennsion in accordance with a system designed to assure that qualified pers,annef properly gathered and evaluated the InwrnaTlon submitted. Based on my Inquiry of the person or parsons who manage the system. or those persons directly responsible for gathering the information, the information stibrrxittPd! is to the best of my knowledge and bellef titre, accivare and complete. I am aware that there are signilicant penalties for submitting fatee intormatiorr, in dud;ng true possibility of fine and Imprison,. mi tar knowing vfolalfons. I certify ttrat I am familiar wIM the information contalned In this appilcatlon and that to the best of my knowledge and belief such information is true, complete, and accurate. % Printed Name of Person Signing: (Signature of AXIMMI) f' Az> 4 Ve% (sue ed) FUese note: Th s appNestian for ffre No Exposure ExsfrxiMm Is subject to approval by the NCDENR Regional Offke prior to tssrtance The Regional Offk a Bray lrrspwt your faculty for compliance with no exposum cortelilons prior to that aMMYal. The fi'aglorml Office may also inspe+c! Your fay at any bole in the futurrer for compliance with the No Egumum Exclusion. North Carolina General Sirstute 143-216.6 H(#) providos that: Any per9Dn woo kno,+nngly makes arty false Staternent, representation, or cerERcwtlon In emy application, record. reparL plan, or ot:rer doctir-rm filed or required to be mainWried under this Antldo ar a rule Ivry 4menting thi4 Article: or who knowingly makes a frill, statement of a material fad in a rutemaking proceeding of cvntestad case under IhIS Artide: or who falsi les, tampers voth, or knowfngty renders inwcura a any recording or mondloring device or mvMf1N required to be Operated or mslntalnea udder this ArdCle or rules at the [Environmental Aftnagemertt) CornrnL eon itnplenwI&g this RrFda Shall be guilty of a Class 2 misadameanor which may In lode a 6ae nut to excftd turn thousand dollars (M.UW), Thera Is curreatly no flee for a No EiWosute E=Jlusjon. Page 6 of 7 SWl1-NE-WOM Last revised 21IN209 10i2312009 12:12 19108142225 ADF LILLINGTON PAGE 07107 NCGNE-0000 No Exposure Certification Rnachc This application should include the k4lowing items: ❑ This cornpinted application and aff supporting documentation. q A map with the location of the facility dearly marked. ❑ if this is a renewal. indicated current NCGNE number in Question 7. Cl If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question S. Dail the entire peckW to: Stormwater Permitting Unit Dlvi.Sion of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Mft The submission of this document does not guarantee the Issuance of a Nc FVosure EXcluslon. i for gUas ,'1S6 p1saw— confacc: the DING Regkx-01 Offl— for your or¢a: DWA Renlonel ice contect IMormatl9a: Asheville Office ------ (826) NS-4500 Fayetteville Office -.- (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-42DO Washington Office ...(2S2) 946-6481 Wilmington Office --- (910) 796.7215 Winston-Salem ...... (336) 771-5000 Central Office .--------(919) 807-6300 Page 7 of 7 S1Ar�E-oJF_-p21309 I I r I {.as't revised 221312DW I F 40 i q ;Ado 16 19 d1� a CIO `vmv YAW � OWN l.ltOQr }e WuAd 10 • / ��jWON i � . I mv S/ moo' • ad" .i ` ,11: - • ► ~ ' I �,r•'�*>,:•�,:•'• ♦, �—r •� �` I' J�.T(]^v— , � � er' r `.- l r �r - •� ter: Y . "�� jr� � ~. �� -� ��' • 49�rk � � r � � r _' _. ` - � �' • � �'ia � �•.� ; � _ I@- 1 � fir, r/ 1 ' r �l ! �� / �, �- 71 vp Im BITNU r :•�' r :q. } �• ' : • • r • ... Disc sat �. off///��__ .� ,•, ..,t: : , . .- f�,, - � .. ^ F� R_:,-' • --• _ ht••y •�• .•• •••� � � tit •� �I i '� `�Y I �� •� � i roe • - • ,, �� � � .;, �• � 31 Door r• s. • 1 t- '— — `�� ^ i • � � • —ram '97 Am 1$LlNNLEVFU auNWEVEc 5 W. 7w 47'30" 4234 rV dL AAYjrrrry LL£ ¢7 AI! - SCALE 1:24 000 1 MILE IJLCINOTON QUADI ANCILE Ieoo o loco 2000 I= : woo 5m � eooa foao sEiT NORTH' CAtMUxA_xARNETT CO' 73 LtINlt7� 8ER[E8 (4OPOGmLK1 —1 1 S 4 ! wLONLT[R STATE OF'NORTH CAROLINA .. DEPARTMlNT Or NATURAL AMC) I=KOMIC RL.OURC CONTOUR INTERVAL 10 FEET �� ` r� WAL[EON. NOR H-CAROUNA NATIONAL GEODETIC VERTICAL DATUM Of 1929 N . ,��•2 � NCB THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS -70 4-5QUADRANGLE tocAT1oN FOR SALE BY U. S. GEOLOGICAL SURVEY ncuvFa rnr f%oAr%n __--- AMERICAN DEHYDRATED FOODS, INC. 417-881-7755. FAX 417-881-4963 November 30, 2009 = Sarah Young 1617 Mai! Serve'Center Raleigh, NC -27699-1617• P.O. BOX 4087 Dear Mrs. YOUng, SPRINGFIEL ,MO sent the attached letter on October 22, 2009 and it inadvertently did not get to your office. I talked with Mike Lawyer last week ; about getting'it to you directly. We also talked about not applying for a (ROS) but apply for No Exposure Certification directly. ADF has made all changes but one and we are currently sending a tank to Lillington to address the molasses, issue.- Please accept my , . apology for not receiving this and please let me know if you -have... any further questions. 3801 E:SUN5HINE SPRINGFIELD, MO 65869 Regards, Tobin wley •4 i/lanager,.Corporate Engineering. TSP/dd wWW,ADF,COM �1 f AwRrcnN DEHYDRATED Foods, INC. Division of water Quality October 22, 2009 Atin: DWQ Central Exiles 1617 Mail Service Center Raleigh, NC 27699-161.7 417-BBI.7755 FAX 417-981.4963 This letter is in reference to the inspection ofour storm water prevention plan Permit NCG060204 Notice of Violation (NOV-2009-PC-0835). I.have included the full report as submitted by Mike L aivyer on October 2°d 2009 : It was pointed out b Mr. Lawyer that we could apply for a "No Exposure 1� Y �` Pp Y P Certification" if we did the following; 1. Chemical area needed a. block wail put up around the sides to make it a. true containment area. ADF does not keep a coin bincd capacity of 1;360 6alIons in this room but we will put block around for added. protection. svRNr° .D, Ma 2. Use a double wall tank to replace cnrr single wall tank for molasses. 65H08 3. Remove the junk metal pile that we have out back of our plant. AOF" s intent is to keep with our General Storm water permit with appropriate monitoring and testing until we can get certified for a "No Exposure Certification". ADF's plan of action is to resume testing, as was carried out October 14t' since there was significant rainfall in the Lillington area. ADF will test and get the analytical results through Microbac Labs, two times per year as per the new permit requires. ADF will haul off the junk metal lving out in the back of our plant. build a small MI L 5VNSHINE containment area around the chemical storage site, and will replace the molasses tank s�R��65809 O with a double walled tank within our next fiscal year. 'Our tiscal year runs from November 1" through October 31 sc I am also submitting (2) two other documents within this packet as discussed during the 4 � review process: • Representative Outfall Status (ROS) Request Form • No exposure Certification Please let us know if you have any further questions and we look fonvard to working with you in the future. Contact either myself or Jim Shirley at the Lillington locationww.AnF.rau for questions regarding these issues. Very best re ' ty� Tobin Scot Pow ey Fames R. Shirley Mike Cierk`e Engineering. Manager LERF iManager Sr. VP & COO 3801-L. Sunshine 1201 McKay Place . 3801 E. Suiishihe Springfield, MO 65809 Lillington, NC 27546 Springfield, MO*65809 . • i ._ ilrl:_' _ ":Ili•.•-..1 ':i .:�� .: ..._ _ ..,sr� __ - . Urliz;Mn f}1 rn.: at(:r !Acerl H. :Jtlll!n:i .�I .. ~d D rector October 2.2009 CERTIFIED MAIL: 7006 21150 0005 2109 8426 RF;TURN RECEIPT RE, QUESTED American Dehydrated Foods, lne. AM: Michael Gerke., Senior VWCOO PO Sox 4087 Sprin'ofield, Ui0 GiSW Subject: NOVICE OF VIOLATION (NOS'-2009-PC;-0835) American Dehydrated Foods, Inc. d� : r-n NPDES Stormwater General Permit-NCG060204 Harnett Count'' �.� rev i C. Dear Mr. Gerke: Co On September 30', 2009. Miko Lawyer and Paul Rawls fi-onn the Fayetteville Itegiona tl`i T ; Ille Division of Water Quality conducted a site inspection at the American Dehyjdmted Foods, Inc. facility located at 1201 -McKay Place in l_.illinNon, Harnett County, North Carolina —A copy of the Compliance hispection Report is enclosed for -your review. vir. Jim Shirley; Plant Manager, and iblr•. Wayne flarrinnton, Plant Super -visor, were also present during tite inspcction and their time and assistance is greatly appreciated. Stormwater ffom the fhc-ility drai.ls to Poorhouse Creek; a Class, 1l`S- IV water located in flie Cape FearR-ivcr Basin. The Site visit and life review revealed that the subiect facility is covered by NPDU.S StonmiTater General Permit-NCG060204. Accorei-rgly. the following observations and/or hermit conditions violatioris wane noted dru'ing the Division of W2ter Quality inspection: 1) Storntwater Pollution Prevention PIait (SPPP� A Stormwater Pollution Prevention Plan (SPPP) has been developed, recorded, and properly iml)lerrreirted. Yes r No 2) Qualitative lTonitoring, iualitative monitoring has been conducted and recorded in accordauce with pernut requirenieiits. 'es U No Greer. 5rer:. St;v!714. F a:-Ileville, Not-. (--r,fin-3 22. 0! nr.:re 1;) i,i33:1f1b',r i.:2140-48F-f1i,E'.•::.GIs;owerScrvcc-:1-57?.fi:'7r'i7a5 I denl5i Ah w.ncvraterauarrly.oru i 0-Pwui)i„`• •%:.rrT i.r: 9, lim r�AcyFr �i %i. �{1�..�s' �111�.1 �-' -_i.�. . �• - .. _•___• _:. :'s'- � _ _ ._ ice_:e:_I: - _�_. _ � .i• _. � ._ -01her Observations: Please refer to the enclosed Compliance inspection Report for additional comments and obscrvation5 Trade during the inspection. Requested Resuonse You are asked to respond to this office, in "citing, within 30 calendar days from receipt of this letter. Your response should include a Plan of Action to address the afore2nentioned violations and a reasonable tin3e frame that you expect. to be in full compliance with the condilio z-; of the NC6060000 general permit: or when the facility may qualify for a No Exposure Certification as outlined in the .Inspection Surruriary on pale 2 ortf)c Compliance Inspection; Report. Thank you for your attcntion to this matter. This office requires i:iat the Aolations, .as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to S25,000 per day for each Violation. Should you have any ciucstions regarding these ;natters, please contact Mike Laver or myself at (910) 433-3:i00. Sincerely. Belinda S. Henson Regional Supervisor Surface. Water 1rotection Section 1.3S1-1. ML/ml Enclosure CC.' Jim Shirlev, Plant-Man;agcr-American Deliydrated Foods, inc. (via e-rnail) FRO -Surface Water Protection NIPS -Assistance & Cotpliance Oversight Unit 14C;G06020r1 SOC: County: Hame.t Region_ Fa yet evWe !#ec i, s: i 1i01 r37 =.:121 ar:ie::: '10r3'1;12 C r Herr Amancan envdrated FcodS L}c Effective: Expiration: Facility: AineriQan Dehydrated -cods inc 1201 WL'uy PI Lillington NC 27546 Contact Person: ;Michael Gerke Title: Phone: 117-881-77 55 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representatives); On-si erepresen:alive ,Jim Shirley Phone: 910-814-2323 On -site representative VVnyne Harrington Phone: 9:0-814-2323 Related Permits: Inspection Date: 0913012009 Er5 Time; 10:00 AM Exit Time: 12:15 PM Primary Inspector: Mike 1_awyer.+` Phone: 910-433-3300 Secundary Inspectors;: 4&,V; BeIinGa S Henson Phone: 910-433-3300 Ext:F B ! '� �37� Paul E Rawisf '� . � ,� •='` Phone: Reason for Inspection: Routine Inspection Type: Compliance, Evaluation Permit Inspection Type: FoodtTobacco/Soaps/C:osmetics/Puhlic WarLYic :sing Stormwater Discharge COC Facility Status: ❑ Compliant ® Not Compliant Ouestion Areas: rM Storm Water (See attachment summary) Page: 1 <<iaii: pir�G.S=3uZ�}:. -- ...-. .=�I'�_- . �:ir.•c:�^ U�in;'ra=�i -nr:na �r:i:PHC1FQr1 .se ie: G�;,';C �C�39 :,��N xcien .v,.r:: i.cn,r'Ua:ice F:a}c�LiU,i =D" -":r uis 4: f�,iii. ,•= Inspection Summary: Inspection conducted to ensure compliance with the conditions of the NCG0601DOO general stormwater permit. Met with Mr..lim Shirley, Plant Manager, and Mr. Wayne Harrington, Plant Supervisor. who provided available docurnents for review including the facility's Stormwa.er Pollution Prevenjon P'ran (SPPP), monitoring records frcm previous permit cycles, and daily logs. Facility's SPPP was last reviser! in ,January 2009 and appeared to he adequate. Although Analytical and Qualitaitve Monitoring records were available from previous years, records could not be produced after 2002 and according to Mr. Shirley, monitoring has not been conducted during the current 'permit cycle, which became effective in iNovember 2007. Mr. Shirley expressed that he did not receive a copy of the current permit until approximately six months prior to the inspection. Failure to conduct Analytical and Qualitaive Monitoring constitutes violations of permit conditions and Mr- Shirley was informed that a Notice of Violation would be issued. After the documentation review, a tour of the facility was conducted where operations and processes were explained and observations of site conditions were made. Site has an area at the back of the facility where scrap equipment and maierials are stored outside. Mr. Shirley explained That these items were being removed when possible. Facility has several bulk storage tanks outside and according to Mr. Shirley, most of them are double-vmlled. One tank in particular -hat is used to store up to 3.000 gallons o€ molasses is single -walled and not provided with secondary containment. Also, a shed used for drum storage do?s not have adequate secondary containment. The general permit requires secondary containment 8rCurid al Bulk, stora to of 4quid materials. Specifically, secondary containment is required for any single tank with a capacity of 660 gallons or more and for multiple containers stored in close proximity with a combined capacity of 11,320 gallons or more. Outfall locations, of which the facility has two, were also observed and proper sampling procedures were discussed. It was apparert that the majority of stormwater runoff from the facility would flow to the outfall located near the rear of the site. Representative outfall Status could be granted for this outfall and an applicatic;i for this was left with Mr. Shirley. An e-rt:.il was seat to Mr. S tirfey following the inspection with the current monitoring forms attached as well as an explanartion cifthe possibility for the facility to obtain a No Exposure Certification to take the place of the permit provided that necessa,y secondary containment is installed and the scrap equipment/materials are removed from the site. An application for this No Exposure Certification was also attached with the follow-up e-mail. A Plan of Action will need to be put into place for the facility to come into compliance with all conditions of the NCG060000 general permit or qualify for the No Exposure Certification. This Plan of Action should oe provided as part of a writien response submitted to the regional office of CWC to address the fdotice of Violation. Page: 2 Stormwater Pollution Frevention Plan yon WO WA NE Does the si4le have a Stormwaier Po!lution Prevention Plan? M 01 0 -3 Does the Plan include a General Location (USGS) map? M 1—' 0 0 Does the P;an hiclude a "Narrative Descriptioa of Pracices"? a 10 11) G 9 Does the Plan include a detailed site neap including outfall locations end drainage areas? -1 0 L # Does the Plan include a list of significant spills occurring durrg the past 3 years? E 0 D U Has the facility evaluated feasible alternatives to current practices? F1 1-1 F1 IR 4 Does the facill-Ly proviije all necessary secondary containment? D ■ } 0 4 Does the Plan include a BIVIF summary? ❑ 1-1 171 9 Does the Plan include a Spill Prevertion and Response Plan (SPRP)? 0 F, # I)oes the Plan include a Preventative Maintenance and Good Housekeeping Plan? Fi n c ilt Does the facility provide and aocurnent Employee Training? j [❑ -4 Does the Plan include a lislcf Responsible Party(s)? E Fi F-1 F-I # Is the, Plan, eviewed and updated annually? a 0 71 f_1 # Does the Pt@r include a Sio, rnwatar Facility Inspection Frogrimi? 0 0 0 C, Has h as the Stormwater Pollution Prpvention Plan teen implemented? 0 0 0 Comment.: Secondary containment -is not provided -around all bulk storage containers. - �Auaiitative, Monitoring YEs No AA NE Has the facility conducted its Qualitative Mcrituriflq semi-annually? ❑ M Q 0 Comment: Records could not be produced beyond 2002. Analytic Yes No NA NE Has m.e faciiry conducted its Analyical monitoring? 0 ]a 0i n ii Has the facility conducted its Analytical monkring from Vohiclo Mai.ntenaricc areas? 0 El a 1) Comment: Records could not be produced beyond 2002, Permit and Outfails Yes No NA NE # ts- -3 copy of the Permit and ihe Ceriflcate of Coverage available at the site? #We�e @11 OLI-fOIIS observed during the inspection? If the facility has representative autfali Status, is it P'Ope-dy dOCUMOnted by *0 DiViS;1011.? #'Has the facility evaluated all illicit , (Ron slorwmfafer) discharges? n 0 G 0 Comment: Facility has two outfall's, but could qualify for Representative Outfall Status. PAGE 01 / e l 11r'2 1'2 I9 12: ic3io 142225 �y hMVICAN DEHYL PR'Rif7 Fr OD1,1, it:(. Division of water Quality Altn; DWQ Central Filca 1617 Mail Service Center RRIcigh, NC 276.99-1617 ADF LILLING70N October 214. 2009 ..._- J-i/]%tQvei et`1tIn:%�}Lyw'?'F.�rY'r_+'-(•'�..t This letter is in reference to the inspection of our storm water prevention plan Permit #NCO060204 Notice of Violation (NOV-2009-PC-0835). l have included the full report ate submWed by Mike Lawyer on October 2n' 2009. It was pointed out by Mr. Lawyer that we could apply for a "No.Exposure Certification" il'we did the following; 417•MOI.77111 FAX all 9B I.49F 1 I , Chemical area needed a block wail put tip around the Bides to make it a true containment area, Al l: doers loot keep a combined capnelty of 1,360 gallons P.O, aox 407 in this room but we will put block around for added proleepon, SPR1Ncr1c1o,M0 2. Use a double wall tank to replace our single wall tank for molasses, r,ennn 3. Remove the Junk metal pile that we have out back of Q1).r plant. ADF'g intent is to keep with. our General Storm water permit with appropriate monitoring and testing until we can get certified for a "No Exposure Certification". ,r1D 'y plan of action is to resume testing as wa.9 carried out October 141" since there =rues significant rainfall in the L illington area. AT)F will. test and get (lie analytical result,4 through Microbac Lab9: two times per year as per die new hermit requires, ADf will maul off the junk metal lying out in the back of our plant, build a small Jno; F. au ,sH�rae rpR NCPI I.LI Ma containment nrcu around the chemical storage site. noel will replace the molasses tools with a double walled tank within our next timcal year. Our :Cacal year runs f1"om Novernbor IAA through October 31". I am aiso submitting (2) two other documents within this packet as diecusaed durinc review process: • Representative Out -fall Status (R.OS) Request i,orrn • No cxpogLire Certification j Please let ug know if you have any further quesdon9 and we look forward to working with you in the :future, Cmitact either myself or YInt Shirley at the L illington location v�nvav,nor=.cam for questions regarding these issues. Very best rep,ardl; ` Tobin. Scot Pow ey Jamep, R. Shirley Engineering Manager LERl= MtiMger 3801 C. sunglllnc 1201 McKay Plecc 5F.rin sejd1 MQ 65809 Lillilogton, NC 27546 Sr. VP & CQO R GEN 3801 E. Sut1411ine springReld, Mil 6`;RQ9 0EN84MEMLLE RREGIO_ 't O FRCE State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 David Lockamy L&L Farms Rt5Box 512 Dunn NC 28334 SUBJECT: Operator In Charge Designation Facility: L&L Farms Facility ID#: 82-107 Sampson County Dear Mr. Lockamy: REL"IV D NOV 19 1996 FRIG- d as EVILLE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. - Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, J�-( A. a vow E, � ., D' ector Division of Water Quali Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, P CRaleigh, North Carolina 27611 7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 _ 500% recycled/10°/o post-consurner paper KUM North Carolina Department of Environment and NaWral Resource-s Division of Water Quality De},.erly Eaves Perdue Coieen H. Sullins Governor Director October 2, 2009 CERTIFIED MAIL: 7006 2150 0005 2109 8426 RETURN RECEIPT REQUESTED American Dehydrated Foods, Inc. Attn: Michael Gerke, Senior VP/COO PO Box 4087 Springfield, MO 65808 Subject: NOTICE OF VIOLATION (NOV-2009-PC-0835) American Dehydrated Foods, Inc. NPDES Stormwater General Permit-NCG060204 Harnett County Dear Mr. Gerke: r;eo hrr-,Vv�- �ECtc-_ .V On September 30, 2009, Mike La,,v-yer and Paul Rawls from the Fayetteville Regional. Office of the Division of Water Quality conducted a site inspection at the American Dehydrated Foods, Inc. 'facility -located at 1201 McKay Place in LilIington,"Harnett County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Mr. Jim Shirley, Plant Manager, and Mr. Wayne Harrington, Plant Supervisor, were also present during the inspection and their time and assistance is greatly appreciated. Stormwater from the facility drains to Poorhouse Creek, a Class WS- IV water located in the Cape Fear River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit-NCG060204. Accordingly, the fallowing observations and/or permit conditions violations were noted during the Division of Water Quality inspection: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has been developed; recorded, and properly implemented. es ® No ❑ 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded in accordance with permit requirements. Yes ❑ No ■ Locali,n: 22� Green Street. Suite 714. --ayeiteville. Nash Carolina 28301 Phone: 910-43,5.33 ;0 r?X: 010E-186-07071 Customer Service: 1-377-623-6740 !Me'rn6t www,ncwaterguality.orq 0 rn-, �ci,-] C pp air,il,,1 AlbrInAive rdion Eiroloyei 3) Analytical Monitoring Analytical monitoring has been conducted and recorded in accordance with permit requirements Yes ❑ No ■ Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this letter. Your response should include a Plan of Action to address the aforementioned violations and a reasonable time frame that you expect to be in full compliance with the conditions of the NCO060000 general permit or when the facility may qualify for a No Exposure Certification as outlined in the .Inspection Summary on page 2 of the Compliance Tnspection Report. Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Mike Lawyer or myself at (910) 433-3300. Sincerely, Belinda S. -Henson Regional Supervisor Surface Water Protection Section BSH: ML/ml Enclosure cc: Jim Shirley, Plant Manager -American Dehydrated Foods, Inc. {via e-mail) FRO -Surface Water Protection NPS-Assistance & Compliance Oversight Unit ' Compliance Inspection Report Permit: NCGO60204 Effective: 11/01/07 Expiration: 10/31/12 Owner: American Dehydrated Foods Inc SOC: Effective: Expiration: Facility: American Dehydrated Foods Inc County: Harnett 1201 McKay PI Region: Fayetteville Lillington NC 27546 Contact Person: Michael Gerke Title: Phone: 417-881-7755 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): On -site representative Jim Shirley Phone: 910-814-2323 On -site representative Wavne Harrington Phone: 910-814-2323 Related Permits: Inspection Date: 09/30/2009 Entry Time: 10:00 AM� Exit Time: 12:15 PM Primary Inspector: Mike Lawyer/n'-`-�� ` Phone: 910433-3300 Secondary Inspector(s): �C 4.� e.,-tl: Belinda S Henson Phone: 910-433-3300 Ext,42T Paul E Rawls, � Phone: 13z4, Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: FoodlTobaccolSoapslCosmeticslPubiic Warehousing Stormwater Discharge COC Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ® Storm Water (See attachment summary) Page: 1 Permit: NCGO60204 Owner - Facility: American Dehydrated Foods Inc f ' Inspection Date: 0913012009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Inspection conducted to ensure compliance with the conditions of the NCG060000 general stormwater permit. Met with Mr. Jim Shirley, Plant Manager, and Mr. Wayne Harrington, Plant Supervisor, who provided available documents for review including the facility's Stormwater Pollution Prevention Plan (SPPP), monitoring records from previous permit cycles, and daily logs. Facility's SPPP was last revised in January 2009 and appeared to be adequate. Although Analytical and Qualitaitve Monitoring records were available from previous years, records could not be produced after 2002 and according to Mr. Shirley, monitoring has not been conducted during the current permit cycle, which became effective in November 2007. Mr. Shirley expressed that he did not receive a copy of the current permit until approximately six months prior to the inspection. Failure to conduct Analytical and Qualitaive Monitoring constitutes violations of permit conditions and Mr. Shirley was informed that a Notice of Violation would be issued. After the documentation review, a tour of the facility was conducted where operations and processes were explained and observations of site conditions were made. Site has an area at the back of the facility where scrap equipment and materials are stored outside. Mr. Shirley explained that these items were being removed when possible. Facility has several bulk storage tanks outside and according to Mr. Shirley, most of therm are double -walled. One tank in particular that is used to store up to 3,000 gallons of molasses is single -walled and not provided with secondary containment. Also, a shed used for drum storage does not have adequate secondary containment. The general permit requires secondary containment around all bulk storage of liquid materials. Specifically, secondary containment is required for any single tank with a capacity of 660 gallons or more and for multiple containers stored in close proximity with a combined capacity of 1,320 gallons or more. Outfall locations, of which the facility has two, were also observed and proper. sampling procedures were discussed. It was apparent that the majority of stormwater runoff from the facility would flow to the outfall located near the rear of the site. Representative Outfall Status could be granted for this outfali and an application for this was left with Mr. Shirley. An e-mail was sent to Mr. Shirley following the inspection with the current monitoring forms attached as well as an explanantion of the possibility for the facility to obtain a No Exposure Certification to take the place of the permit provided that necessary secondary containment is installed and the scrap equipment/materials are removed from the site. An application for this No Exposure Certification was also attached with the follow-up e-mail, A Plan of Action will need to be put into place for the facility to come into compliance with all conditions of the NCG060000 general permit or qualify for the No Exposure Certification. This Plan of Action should be provided as part of a written response submitted to the regional office of DWQ to address the Notice of Violation. a Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. - ■ Print your nam6 and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Al\,IF!0-_`AN 01:tli=r'OP12 11(2 II.)X ail Iti l' .0 i i :; iJ N I I ) .._i ., .1 A.. Sign X ❑Agent ❑ Addressee B. eceilr9VL 6 RO R 1 C. Date of Ilvery rrKKUU K S )Q-1 D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address tialow: 0'No C00 3. Se ce Type IV Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ; ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pn Fee) ❑ Yes 2. Article Number - " --` (rransrer from servloe laeen I I ? 3 a 6 2150 0005 2109 8426 Page: 2 PS Form 3811, February 2004 / Domestic Return Receipt' 102585-02-M-1 s4o Permit: NCGQ60204 Owner - Facility: American Dehydrated Foods Inc Inspection Date: 09/30/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ®n n n # Does the Plan include a General Location (USGS) map? a n n n # Does the Plan include a "Narrative Description of Practices"? ® D n n # Does the Pian include a detailed site map including outfall locations and drainage areas? ® n n n # Does the Plan include a list of significant spills occurring during the past 3 years? ® n n n # Has the facility evaluated feasible alternatives to current practices? rl n n p # Does the facility provide all necessary secondary containment? n ® n n # Does the Plan include a 13MP summary? ® n n n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ® n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n n n # Does the facility provide and document Employee Training? ® n n # Does the Plan include a list of Responsible Party(s)? n n n # Is the Plan reviewed and updated annually? ® n n n # Does the Plan include a Stormwater Facility Inspection Program? o n n n Has the Stormwater Pollution Prevention Plan been implemented? ® n n n Comment: Secondary containment is not provided around all bulk storage containers. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n Comment: Records could not be produced beyond 2002. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ®n n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ® n Comment: Records could not be produced beyond 2002. Permit and Outfalls Yes No NA NE # is a copy of the Permit and the Certificate of Coverage available at the site? ® n In n # were all outfalls observed during the inspection? n n n # If the facility has representative outfall status, is it properly documented by the Division? n n ® n # Has the facility evaluated all illicit (non stormwater) discharges? n n n f Comment: Facility has two outfalls, but could qualify for Representative Outfall Status. Page: 3 MICHAEL GERKE AMERICAN DEHYDRATED FOODS INC PO BOX 4087 SPRINGFIELD, MO 65808 Dear Permittee: Michael E. 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 August 23, 2002 -- ---� -- 4' 29 r--�• r Subject: NPDES Stormwater Permii Renewals American Dehydrated Foods Inc COC Number NCG060204 Harnett County In response to your renewal application for continued coverage under general permit NCG060000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: A new Certificate of Coverage A copy of General Stormwater Permit NCG060000 A copy of a Technical Bulletin for the general permit Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 578 Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater & General Permits Unit Files Fayetteville Regional Office TA WNW N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-7015 Customer Service 1-800-623-7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality December 27. 2001 i�,IICHAEL GERKI AivlI-R4CAN DEHYDRATED FOODS INC PO BOX 4087 SPRINGFIELD, rNIO 65808 Subject: NPDES Slorr11Waler Permit Renewal AMFIR{CAN DEHYDRATED 170ODS INC COC Number NCG060204 Harnett County Dear Pe-rnittec: Your facility i-S currently covered for stonnWater dischar�,,c under General Permit NCG06(x)OO. This hermit expires ern Au1ust 31. 2002. "I -he Division staff is currently in the process of rewritin, this permit and is scheduled to have the permit reissucd by late sunlnler of 2002. Once tltc perillit is reissued, ycxir facility Would be eligible i"or continued covera,e under the reissued permit. In order to assure you[ -continued covera,e under the gcneral pernllt, you must apply to the Division crf Watcr Quality (DWQ) for renewal ol'your perinit coverage. To make this renewal process easier. we are inforntin4ky you in advance that your permit Will be expiring. Enclosed you will find it General Perntit Coverage Renewal Application Fornt. The application must be completed and returned by Nlarch 4. 2002 in order to assure continued coveraL,e under the general pernut. Failure to request renewal Within this tinge period nlay result in a civil assessment of at least $250.00. Larger penalties may be aSSeSSCII dependin0� on the dClinqucnCy ol'the request. Discharge of storInVVWCr from your facility without covera,Ye under ❑ valid storrnwatcr NPDF"1S purmit Would constitute a violation of NCGS 143-21 S. 1 and could result in assessments of civil penalties of up to $10,000 per day. Please note that recent federal lei=islation has extended the "no exposure exclusion" to all operators of industrial facilities in any of the I I categories of "storm water discharges associatcci .with industrial activity-" (except corrxtruction activities). ]fyou feel your Facility can certify a condition of "no exposure". i.e. the facilty industrial nlaterials and operations are not exposed to storniwaM-. you can apply for the no exposure exclusion. For additional information contact the Central Office Stornlwale- Staff ntcniber listed hulow or check the Storrnwater & General PCrrllits Unit Well Site al littp://li2o.etir.state.nc.us/su/s[orntwklei-.Iitiii] If the subject stormwater discharge to waters of the state has been terminated, please complete (lie enclosed Rescission Request horns. Mailing instructions are listed on the bottom of the I-ortn. You will he notified when the rescission process has been completed. If you have; any quCStiorts regarding the pci-init renuwal procedures plcusc contact Ricky Revels of the Fayetteville Rc-ional office at 910-486-1541 or Aisha Lau of Ilse Central Office Storinwalcr Unit at (919) 733-5083, cxi. 578 Sincerely, Bradley Bennett, Supervisor SwrnlWatCr.ind General Permils, Unit cc: Central Files Fayetteville Rc-ional Office NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1-800-623-7748 S ate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 20, 1995 Michael Gerke American Dehydrated Foods, Inc 3801 E Sunshine Springfield, MI 65209 .BAN 24 1995 N'AGE1,1AEN T rN�ETT`VILLE RE3. OFFICE Subject: General Permit No. NCG060000 American Dehydrated Foods, Inc COC NCG060204 Harnett County Dear Michael Gerke In accordance with your application for discharge permit received on November 28, 1994, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any question concerning this permit, please contact MR. STEVE ULMER at telephone number 9191733-5083. Sincerelybriginal Signed By Coleen H. Sullins A. Preston Howard, Jr. P.E. cc: Fayetteville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DMSION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO.__NCG060000 CERTIFICATE OF COVERAGE NO. NCG06-0 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, American Dehydrated Foods, Inc. is hereby authorized to discharge stormwater from a facility located at 1201 Spring Forest Road Lillington Harnett County to receiving waters designated as an Poorhouse Creek in the Cape Fear River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit No. NCGO60000 as attached. This Certificate of Coverage shall become effective January 20, 1995. This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this day January 20, 1995. (-)riginak Signpm- r� ' A. 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