HomeMy WebLinkAboutNCGNE0759_COMPLETE FILE - HISTORICAL_20110303STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
NCGNE �� S
DOC TYPE
e HISTORICAL FILE
DOC DATE
❑ � � � I b3 � 3
YYYYMMDD
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 3, 2011
CERTIFIED MAIL 7008 1300 0000 1109 4826
RETURN RECEIPT REQUESTED
Ms. Ruby C. Moore
Moore's Machine Company of Sanford, Inc.
310 McNeill Road.
Sanford, NC 27330
Subject: Denial of No -Exposure Certifications
NCGNE0759 (Plant #I -Boone Trial Road) and
NCGNE0749 (Plant #2-McNeil Road)
Lee County
Dear Ms. Moore:
Dee Freeman
Secretary
MAR 4 2011
The Raleigh Regional Office (PRO) of the Division of Water Quality has reviewed your submitted
requests for No Exposure Certification for Exclusion from NPDES Stormwater Permitting. The
Division is unable to concur with your checkbox certification of no exposure for either plant_ Based
on inspections of your facilities on February 24, 2011, Raleigh Regional Office staff found that
numerous materials on your sites were exposed. No exposure literally means that no materials
having a potential to pollute are exposed. This includes materials that may be directly exposed to
stormwater, either from precipitation or as stormwater that runs/flows across the surface of the
facility.
DWQ cannot grant your requested exemptions from permit coverage as follows:
Conditions at Plant #1 (Boone Trail Road) - This facility had oily surfaces, stained soils,
equipment and residual/waste products exposed and a damaged containment structure. The
inspection revealed concerns about ongoing violations; thereby, it is the intention of this office
to conduct a formal site inspection to determine whether oil, hazardous waste, or other water
quality violations are ongoing. It addition to requiring the Stormwater permit mentioned below,
you are encouraged to secure a consultant to assist you with management of waste materials and'
housekeeping needs.
Forth Carolina Division of Water Quality In2a .%1aiI Sew ice (:enter Raleigh. .NC 27rN9-I628 Thane (9191 791-1200 Customer Service
Internet: +r+c++.nr +atcr liealitv.arg Location: 3800 IIarrett lhire Raleigh, NC 27009 Fa.- (919( 788-7l59 1 •R77-623-h7a
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Conditions at Plant 02 (fMcNeill Rd) - On October 21, 2010, the Raleigh Regional Office issued a
Notice of Violation for an illegal discharge of oil, impacting a surface water stream, and failure to
have a Stormwater permit to cover the on -site industrial activities (metal finishing) as required by
the Federal EPA for your SIC code. On November 16, 2010 you submitted a "no exposure request
for this facility". A site visit on December 14, 2010 revealed new product (petroleum) exposed on
the ground near the loading dock/compactor and sump pump areas. The February 24, 2011, `'No
Exposure" site visit investigation confirmed exposure of trash, oil -containing idle equipment and
inadequate housekeeping whereby the facility failed to qualify to be exempt from stormwater
Permitting.
Within 30 days of receipt of this letter you are requested to apply for General Permit NCG030000
(Metal Fabrication) for both facilities. Please see the enclosed application form. An electronic
vtersion is also'available at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-3 Scroll to
NCG030000 and the column for Notice of Intent (NOI). The permit text is also available at this
`; r %ebsite. NOTE: failure to secure a stormwater permit for this industrial facility is a violation
and is subject a Civil Penalty Assessment of up to $25,000 per day.
F
I Y-U�Ifiyou have any questions or need further information, please contact Myrl Nisely at (919) 791-4200.
Sincerely,
0a
Danny Smi , Supervisor
Raleigh Regional Office
Surface Water Protection Section
Enclosure
cc: Raleigh Regional Office File
(Stormwater Permitting Unit Files)
DWQ Central Files
North Carolina I)ivi,ion of Water (Quality 1628 N7aiI Service Center Raleigh, .NC 27699-1628 Phone (919) 791-420o Customer Service
Internet: +san.ne++atcrquatity.or Location: 3800 Barren price Raleigh, NC 27601) Eraa (919) 788-7159 1-877-623-674
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North Carolina Department of Environment and Nafurul Resources
Civisicn of Water duality
Beverly '— pies Perdue Coleen r. Sullins Lee rE�mG�
Geverncr
Mr. Chris Delzell
Gate,,vay Recovery, Inc.
173 Orbit Road
Statesville, Ncrth Carolina 28677
Dear Mr. Delzell:
0ireGtCr
February 7, 201 l
Subject: No -Exposure Certification NCGNE0759
Gateway Recovery, Inc
173 Orbit Road, Statesville, NC
Iredell County
The Division has reviewed your submittal of the Ne-Exposure Certification form for Exclusion from NPDES Stormwater
Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility and the site
visit of July, 2010 (pre -application), the Division is granting your conditional exclusion -from permitting as provided for
under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations.
Please note that by our acceptance of your no -exposure certification, you are obligated to maintain no -exposure
conditions at your facifity. 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.
You must seff re -certify your No -Exposure status annually using the included form or obtain NPDES permit
coverage for any stormwater discharges from your facility. The annual self re -certification form should be
maintained on site and does not need to be submitted to DINQ unless requested.
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 Marcia Allocco at (704) 663-1699, or at marcia.allocco@ncdenr.gov.
Sincerely,
L1
for Coleen H. Sullins
cc:
Stormwater Permitting Unit No- Exposure Files (Cory Larsen)
hAooresville Reg icnal office One
location 610 East Center Ave., Suite 301 Mooresville, No 28115 NorthCa> olina
Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748
Internet: ww.nmaterquality.org / Vatltrally
No -Exposure Self Re -Certification Information.
You are obligated to maintain nc-exposure` ccnditions at your facility. If conditions change such that
your facility can no lor.cer qualify for a no -exposure exclusion, you are cbiigated to immediately obtain
NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to
enforcement as an un-permitted discharge. State statute provides far fines of up to $25,000 per day far
un-permitted discharges.
Your conditional no -exposure exclusion must be self re -certified at least annually as follows:
- Complete the re -certification at a minimum of once per year using the included Self Re -
Certification Form.
(additional copies can be downloaded from httpliportal.ncdenr.org/,Neblwqhrrs/su/npdessw4,Nc_Exposure_NPDES )
- Maintain a record of re -certifications on file at the facility. Do not submit the re -certification to
DWQ unless requested. If requested, submit a copy of the re -certification to the Division and/or
the municipality in which the facility is located.
-During an inspection by DWQ or local government, provide the re -certifications immediately
upon request.
- Notify the Division of any changes in ownership, significant facility and/or activity changes, or if
the facility can no longer maintain no -exposure.
-Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer
system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports
publicly available upon request.
" "No exposure" means that 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. (40 CFR 122.26(g))
Information and forms related No -Exposure Certifications can be accessed on the website at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#No—Exposure_NPDES
Rev,28M2010
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Division of Water Quality / Surface Water, Protection
National Pollutant Discharge Elimination System
NO EXPOSURE CERTIFICATION for Exclusion
NCGNE0000
NO EXPOSURE CERTIFICATION
FOR AGENCY USE ONLY
Date Received
Year
Mumh
Da
Certit e r VV
N N �
IVED
TER QUALITY
FEB 1 2011
SWP SECTION
MOOESVILLEREGIRlea'se ch l k.hefe f th, s a fens a'� RENEWAL ANAL OFFICE
National Pollutant Discharde Elimination System application for exclusion from a Stormwater Permit based
on NO EXPOSURE:
Submission of this No Exposure Certification constitutes notification that your facility does not require a
permit for stormwater discharges associated with industrial activity in the State of North Carolina because
it qualifies fora no exposure exclusion. A condition of no exposure at an industrial facility means all
industrial materials and activities are protected by a storm resistant shelter (with some exceptions) to
prevent exposure to rain, snow, snowmelt, and/or runoff.
For permitted facilities in North Carolina, DWQ must approve your application for No.
Exposure Certification before this exclusion is effective. Until you are issued a No
Exposure Certification and your NPDES permit is rescinded, your facility must continue
to abide by the terms and conditions of the current permit.
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 with locked or non -operational taps or valves; adequately maintained
vehicles used in material handling; and final products, other than products that would be mobilized in
stormwater 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, you
certify that a condition of no exposure exists at this facility or site and are obligated to comply with the
terms and conditions of 40 CFR 122.26(g).
You are required to reapply for the No Exposure Exclusion once every five (5) years.
For questions, please contact the DWQ Regional Office for your area. (See page 6)
(Please print or type)
1) Mailing address of owner/operator
address to which all certification correspondence will be mailed
Name Chd-;g III
rsf
-AL
Contact 0dall
x
4
Street Address to
Z
City 5AJ
_ State_A r, ZIP Code (.7
um
Telephone No. may_ 1%.5
P
- 5(oq Z Fax: Ivy
o
t�
O
1
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Page 1 of 7.LFI
SWU-NE-021309 Last revised 2/13/2009
NCGNE0000 No Exposure Certification
2) Location of facility producing discharge:
Facility Name &C-ttwft Rtt�B� l T�
Facility Contact
Street Address
City
County
Telephone No.
r
3) Physical location information:
e.
State C1r_ ZIP Code
Please provide a narrative description of how to get to the facility (use street names, state road r numbers, and
distance and direction from a roadway intersection). E Fir V
y
r)" l"� Wt 3 oC if roAA. lwrn rnn{r nf�J ro t'(re'� r1%tt? I iLAI ,rn 4I.. 1fl + .
(A copy of a map with the facility clearly located on it should be included with the c6rtificati8n application.)
4) Is the facility located on Native American Lands? O Yes KNo
5) Is this a Federal facility? ❑ Yes �( No
6) Latitude 5'0 �6' A,17Z8 Longitude `- 50* 59 ' 30.116q" (deg., min., seconds)
7) This NPDES No Exposure Exclusion application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin
Existing Date operation began tem DZ
❑, Renewal of existing No Exposure Certification Certification No.: NCGNE
8) Was this facility or site ever covered under an NPDES Stormwater Permit? ❑ Yes Y(No
If yes, what is the NPDES Permit Number?
9) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity.at this facility
SIC Code:
10) Provide a brief description of the types of industrial activities and products produced at this facility:
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
K No'
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
Page 2 of 7
SWU-NE-021309 Last revised 2/13/2009
NCGNE0000 No Exposure Certification}
Exposure Checklists (12. - 14.)
12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible for the no exposure exclusion.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes VNo ❑ 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 spills/leaks ❑ Yes XNo ❑ NIA
c. Materials or products from past industrial activity
❑ Yes XNo
❑ NIA
d. Material handling equipment (except adequately maintained vehicles)
❑ Yes
l No
❑ NIA
e. Materials or products during loading/unloading or transporting activities
❑ Yes
)(No
❑ NIA
f. Materials or products stored outdoors (except final products intended for outside
❑ Yes
KNo
❑ NIA
use [e.g., new cars] where exposure to stormwater does not result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks,
❑ Yes
gNo
❑ NIA
and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained by
❑ Yes
K1 No
❑ NIA
the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters])
❑ Yes I No ❑ NIA `
j. Application or disposal of process wastewater (unless otherwise permitted)
❑ Yes I No ❑ NIA
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not
❑ Yes L No ❑ NIA
otherwise regulated (i.e., under an air quality control permit) and evident in the
/+
stormwater outflow
L Empty containers that previously contained materials that are not properly stored
❑ Yes y No ❑ NIA
(i.e., not closed and stored upside - down to prevent precipitation accumulation)
m. For any exterior ASTs, as weil as drums, barrels, tanks, and similar containers
❑ Yes f No ❑ NIA
stored outside, has the facility had any releases in the past three (3) years?
13) Above Ground Storage Tanks (ASTs): if you answer "No" to any of the following items, you are not
eligible for the no exposure exclusion.
a. Are exterior ASTs or piping free of rust, damaged or weathered coating, pits, or Yes ❑ No ❑ NIA
deterioration, or evidence of leaks?
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any i Yes ❑ No ❑ NIA
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut?
Page 3 of 7
SWU-HE-021309 Last revised 2/13/2009
NCGNE0000 No Exposure Certification
14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the
no exposure exclusion:
a. Is secondary containment provided for single above ground storage containers
(including drums, barrels, etc.) with a capacity of more than 660-gallons?
b. Is secondary containment provided for above ground storage containers stored
in close proximity to each other -with a combined capacity of more than 1,320-
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals'?
d. Is secondary containment provided for hazardous substances" designated in 40
CFR §116?
e. Are release valves on all secondary containment structures locked?
15) Hazardous Waste:
a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste
generated per month) of hazardous waste?
c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste
generated per month) of hazardous waste?
If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport / disposal vendor:
Vendor address:
Footnotes to Questions 14) c. & d.
9Yes ❑ No ❑ NIA
to Yes ❑ No X NIA
❑ Yes ❑ No )(NIA
❑ Yes ❑ No X NIA
Yes ❑ No ❑ NIA
❑ Yes �No ❑ NIA
❑ Yes I No ❑ NIA
❑ Yes LlNo ❑ NIA
'Note that amounts below the 660-gallon (single) and 1 ,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for de minimis amounts of certain substances,
and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR
§372.38.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bu€k storage minimums require
secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities
of the hazardous substances listed in 40 CFR §117.3.
Page 4 of 7
SWU-NE-021309 Last revised 2/1312009
NCGNE0000 No Exposure Certification
16) Other information: 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 IXNo ❑ NIA
b. Does your facility have coal piles on site? ❑ Yes XNo ❑ NIA
c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes No ❑ NIA
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes r �No ❑ NIA
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 Quality Permit? I1 Yes No ❑ NIA
Please specify:
f. Please list any other environmental program permits (federal, state, etc.) not
specified earlier in this application (such as Hazardous Waste Permits, etc.):
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Permit:
Program:
Page 5 of 7
SWu-NE-021309 Last revised 2/1312009
NCGNE0000 No Exposure Certification
17) Certification:
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 stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater 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 (5) years to the North Carolina
Division of Water Quality 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 North Carolina Division of Water
Quality, 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.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater 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. 1 am aware
that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief
such information is true, complete, and accurate. J
Printed Na of Perso Signi
Title: lit' p1 r
(Signature of
(Date Signed)
Please note: This application for the No Exposure Exclusion is subject to approval by the
NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for
compliance with no exposure conditions -prior to that approval. The Regional Office may also
inspect your facility at any time in the future for compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested Case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
There is currently no fee for a No Exposure Exclusion.
Page 6 of 7
5W U-NE-021309
Last revised 2113/2009
NCGNE0000 No Exposure Certification
Final Checklist
This application should include the following items:
❑ This completed application and all supporting documentation.
❑ A map with the location of the facility clearly marked.
❑ If this is a renewal, indicated current NCGNE number in Question 7.'
❑ if the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8.
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of a No Exposure Exclusion.
For questions, please contact the DWQ Regional Office for your area.
DWQ Regional Office Contact Information:
Asheville Office ......
(828) 296-4500
Fayetteville Office ...
(910) 433-3300
Mooresville Office ...
(704) 663-1699
Raleigh Office ........
(919) 791-4200
Washington Office ...(252)
946-6481
Wilmington Office ...
(910) 796-7215
Winston-Salem ......
(336) 771-5000
Central Office .........(919)
807-6300
Page 7of7
SWU-NE-021309 Last revised 2/13/2009
173 Orbit Road, Statesville, NC - Google Maps http://maps.google.coni/maps?i--q&source=s_q&hl=en&geocode=&...
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