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HomeMy WebLinkAboutNCGNE0818_COMPLETE FILE - HISTORICAL_20130916STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE DOC TYPE O HISTORICAL FILE DOC DATE YYYYMMDD X Division of Water Quality / Surface Water Protection ���A--■� National Pollutant Discharge Elimination System NCDENR NCMw GROLJW DOMRi.EM1 OF PERMIT NAME/OWNERSHIP CHANGE FORM rMrygpuuU[i ♦u p NI.TL R�RCES FOR AGENCY USE ONLY Date Received Year Month 1 Day I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C 18 16 N C G N I E 1 0 1 8 1 I 1 8 It. Permit status prior to requested change. a. Permit issued to (company name): Bridge Terminal Transport Inc. b. erson le ally responsible for permit: William A. Maleski §z-;9RrFV"/,-r First MI Last L� Director, Corporate Safety & Security Title SEP 6 2013 i 9300 Arrowpoint Blvd. Address D 14R OUAtITy Charlotte NC 28273-8136 Wde a atef Branch City State Zip (704) 571-2243 ( ) Phone Fax c. Facility name (discharge): Bridge Terminal Transport Inc. d. Facility address: T 725 Lawton Road Address Charlotte NC 28216 City State Zip e. Facility contact person: William A. Maleski (704) 571-2243 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: X Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name). Bridge Terminal Transport Services, Inc. c. Person legally responsible for permit: T William A Maleski First MI Last Director, Corporate Safety & Security Title 9300 Arrow oint Blvd. Permit Holder Mailing Address Charlotte NC 28273-8136 City State Zip (704) 571-2243 Williai-n.Maleski@,bttinc.com Phone E-mail Address d. Facility name (discharge): Bridge Terminal Transport Services e. Facility address: 725 Lawton Road Address Charlotte NC 28216 City State Zip f. Facility contact person: William A Maleski First M1 Last (704) 571-2243 William.Maleski@bttinc.com t - NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? X Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: X This completed application is required for both name change and/or ownership change requests. X Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION I, ,,A Sh c attest that this application for a name/ownership change has been reviewed and is accurate dnd complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. ' z Z9 3 2oi3 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 7/2008 _• I t ,.� �._�.� .. .r i f. - f• t� .'.i. •'T,rfr r1•ci iy!•i'i:i. r11 �/• ""I rITT :9:.. `.fir fl 'ir , .��1'� ♦ , .! J• _., �' y! E.vecution Version BILL OF SALE THIS BILL OF SALE (this "Bill of Sale"), dated as of September 1, 2013, is made and entered into by and among Bridge Terminal Transport Inc., a New Jersey corporation (the "Seller"), Maersk Inc., a New York corporation (the "Seller Parent"), and Bridge Terminal Transport Services, Inc., a Delaware corporation (the "Buyer"). All capitalized terms used herein, but not otherwise defined, shall have the respective meanings ascribed to them in the Purchase Agreement (as defined below). WHEREAS, the Seller, the Seller Parent and the Buyer have entered into that certain Asset Purchase Agreement, dated as of June 24, 2013 (the "Purchase AP reement"), pursuant to which the Seller and the Seller Parent have agreed to sell, assign, transfer, convey and deliver to the Buyer, and the Buyer has agreed to purchase, acquire and accept from the Seller and the Seller Parent, the entire right, title and interest of the Seller and the Seller Parent in, to and tinder the Purchased Assets; and WHEREAS, the Seller desires to deliver to the Buyer such instruments of sale, assignment, transfer, conveyance and delivery as are required to vest in the Buyer all of the Seller's and the Seller Parent's right, title and interest in and to the Purchased Assets. NOW, THEREFORE, in consideration of the representations, warranties, covenants and agreements set forth in the Purchase Agreement and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the parties hereto agree as follows: I . The Seller and the Seller Parent hereby sell, assign, transfer, convey and deliver to the Buyer all of the right, title and interest of the Seller and the Seller Parent (both present and future) in, to and under all of the Purchased Assets, free and clear of all Liens other than Permitted Liens. 2. The Seller and the Seller Parent, each by its execution of this Bill of Sale, and the Buyer, by its acceptance of this Bill of Sale, each hereby acknowledges and agrees that the representations, warranties and covenants under the Purchase Agreement shall not be deemed to be merged, enlarged, diminished, modified or altered in any way by this instrument, and in the event of any conflict; the terns of the Purchase Agreement shall prevail. 3. Nothing expressed or implied in this Bill of Sale shall be deemed to be an assumption by the Buyer of any liabilities of the Seller or the Seller Parent. The terms and provisions of the assumption of any liabilities by the Buyer are set forth in the Assignment and Assumption Agreement dated as of the date hereof among the Buyer, the Seller and the Seller Parent. 4. The terns and provisions of this Bill of Sale are intended solely for the benefit of the parties hereto and their respective successors and permitted assigns, and it is not the intention of the parties to confer third -party beneficiary rights, and this Bill of Sale does not confer any such rights. upon any other Person. 5. All matters relating to or arising out of this Bill of Sale and the transactions contemplated hereby (whether sounding in contract, tort or otherwise) will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. 6. This Bill of Sale may not be modified or amended except by an instrument or instruments in writing signed by the Seller, the Seller Parent and the Buyer. No failure or delay of the Buyer in exercising any right or remedy hereunder shall operate as a waiver thereof, nor will any single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. 7. This Bill of Sale may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Bill of Sale by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart to this Bill of Sale. [Signature Page Folloivs] -2- IN WITNESS WHEREOF, the parties have caused this Bill of Sale to be duly executed by their respective authorized officers as of and on the date first above written. SELLER: BRIDGE TERMINAL TRANSPORT, INC. By: �/�C.� lr Z� Name:r,.s Title: t SELLER PARENT: MAERSK INC. By: Name: Title: Signature Page 10 Bill of :cafe IN WITNESS WHEREOF, the parties have caused this Bill of Sale to be dul} executed by their respective authorized officers as of and on the date first above written. SELLER: BRIDGE TERMINAL TRANSPORT, INC. Name: Title: SELLER PARENT: NIAERSK INC. Name: Michael Colangelo Title: Vice President - Controller signuturi• page to Bill ofsale BUYER: Bridge By: Name: Title: pry Signature Page to Bill ofsale McDermott Will &Emery Boston Brussels Chicago Dusseldorf Frankfurt Houston London Los Angeles Miami Milan Munich New York Orange County Paris Rome Seoul Silicon Valley Washington, D.C. Strategic alliance with MWE China Law Offices (Shanghai) September 12, 2013 VIA U.S. MAIL Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Permit Name/Ownership Change form To Whom It May Concern: Mark A. Bilut Attorney at Law mbilut@mwe-com +1 312 984 7670 On or about September 1, 2013, Bridge Terminal Transport Services, lnc. ("BT"I'S") acquired the Bridge Terminal Transport ("BTT") facility located at 725 Lawton Road, Charlotte, North Carolina 28216. In connection with that transaction and the change of ownership, BTT and BTTS -submit the enclosed Permit Name/Ownership Change Norm and Bill of Sale. Please effectuate transfer of the existing storm water no exposure certification to BTTS as of September 1, 2013. Feel free to contact me at 312-984-7670 if you have any questions. Sincerely, Mark A. Bilut Enclosures U.S. practice conducted through McDermott Will & Emery LLP 227 West Monroe Street Chicago, Illinois 60606-5096 Telephone: +1 312 372 2000 Facsimile: +1 312 984 7700 www.mwe.corn f FILE' NCDEHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 28, 2011 Mr. Thomas Zervos, Terminal Manager Bridge Terminal Transport 725 Lawton Road Charlotte, NC 28216 Subject-, No -Exposure Certification NCGNE0818 Bridge Terminal Transport 725 Lawton Road Mecklenburg County Dear Mr, Zervos: The Division has reviewed your submittal of the No -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 a site visit on October 27, 2011 by Mr. Michael Parker with this Office, the Division is granting your conditional exclusion from stormwater permitting as provided for under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations. Since your facility has attained a No -Exposure exclusion, you will not be required to apply for an NPDES stormwater permit at this time. 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. Failure to obtain a No -Exposure exclusion could also subject you to enforcement for an unpermitted stormwater discharge. You must self 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 does not need to be submitted to the Division unless requested. Please note that your conditional exclusion from permitting does not affect your facility's legal requirements to obtain any other 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 Mr. Parker at (704) 663-1699 or by email at Michael. Parker@ncdenr.gov. Sincerely, for Coleen H. Sullins cc; Stormwater Permitting Unit, No- Exposure Files (Brian Lowther) Attachment Mooresville Regional Office One location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 NorthCarof ina Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 ��������� Internet: www,ncwaterquality.org An Equal opportunity %Affirmative Action Employer— 30 % Recycled110% Post Consumer paper �l 5t - / 0 , RECEIVED O DIVISION OF WATER QUALITY k l - OCT 2 0 Z011 Ship SECTION MOORESVit_LE REGiONAL_ OFFICE Division of Water Quality / Surface Water Protection NCDENRNational Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion ✓tl.BctT vm HCaMr. t�a6.r1a NCGNE0000 FOR AGENCY USE ONLY Dam Rrccivcd Ywr h(wh Day Ccnificasc of Covcrn c NO EXPOSURE CERTIFICATION National Pollutant Discharge 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 for a 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 storm water discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual outfalls. If any industrial activities or materials are, or will be, exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, 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 self re -certify your No Exposure Exclusion annually_. For questions, please contact the DWQ Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of ownerloperator (address to which all certification correspondence will be mailed): Name Bridge Terminal Transport. Inc. Contact -hprnaS -Z.eYua-� Terminal Manager Street Address 725 Lawton Rd. City Charlotte State NC ZIP Code 28216 Telephone No. 704 39 -0280 Fax: 877 288--5369 Email -TOM. -ZF RvcxStt�bttinc . com Page 1 of 7 J OCT z z zorl swu-Ne•12nup201o DfNR• WA7l;p K"MaD A nL,"_. Qt1ALtTY N NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Bridc Terminal _Transport . Inc. Facility Contact __ffiojq t5 ?_crot�S Terminal Manager Facility Street Address 72 5 Lawton Rd. City Charlotte State NC ZIP Code 28216 County Mecklenburg County -- Telephone No. (704) 399-0280 Fax: (877) 288-5369 Email Ord Cro0a@bttinc , com 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). FAQ - 7 7 ar T - 8 5 t a k e NC 16_ Nort h / Brookshire Frwy West, Turn right onto Lawton Rd, Terminal is on left. (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes 2 No 5) Is this a Federal facility? © Yes 1. No 6) Latitude3511 16' 39 . 52 ° Longitude 8Q° 52' 41 , U'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 Bate operation began March 1996 * Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? 17 Yes (3 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: 4 2 -1— 10) Provide a brief description of the types of industrial activities and products produced at this facility: Local Trucking with Container Storage 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: SWU-NE•12Aug2010 Page 2 of 7 NCGNE0000 No Exposure Certification Exoosure 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 ® No 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 N No c. Materials or products from past industrial activity E] Yes ® No d, Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No e. Materials or products during toadinglunloading or transporting activities ❑ Yes ® No f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No 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 ® No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes 2 No the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes M No j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes 0 No k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes t. No otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow 1. Empty containers that previously contained materials that are not properly stored ❑ Yes 9 No (i.e., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes a No stored outside, has the facility had any releases in the past three (3) years? 13) Above Ground Storage Taroks (ASTs): If you answer "No" to any of the following Items, you are not eligible for the no exposure exclusion. a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ❑ Yes ❑ No 0 NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No ® NIA cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SwU-NE•12AugM u M 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 all single above ground storage ❑ Yes ❑ No 0 NIA containers (including drums, barrels, etc.) with a capacity of more than 660- gallons? b. Is secondary containment provided for above ground storage containers stored ❑ Yes © No RI NIA 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 ❑ Yes ❑ No 0 NIA Amendments and Reauthorization Act (SARA) water priority chemicals`? d. Is secondary containment provided for hazardous subs=nces" designated in 40 ❑ Yes ❑ No to N/A CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No ® NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste 'treatment, Storage, or Disposal Facility? ❑ Yes X No b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes ® No generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste []Yes S No 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. `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) bulk 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-12Aug2010 NCGNEQ000 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? 0 Yes ® No b, Does your facility have coal piles on site? ❑ Yes 0 No c. Does your facility store other fuel sources outside in piles, such as wood chips, Q Yes ® No sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity'(e.g., [:)Yes 0 No 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? ❑ Yes Cf No N 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 5 W U-N E-12Aug2D 1 Q NCGNEQ000 No Exposure Cerfifieation 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 annualiv self re -certify No Exposure and, if requested, submit the re -certification to DWQ or 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 property gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 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. Printed Name of Person Signing: ref oas wham �s--�-. . Title:_ Terminal Manager o r (Signature of Applicant) (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 fled 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 contesters 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 Managementi Commission implementing this Article shall he 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 6of7 SWU-NE-12Aug2010 BTT Charlotte Facility Fueling Procedure The following procedures are utilized to minimize the potential for a spill during fueling of the BTT Charlotte terminal container lift. 1. BTT personnel shall ensure fueling vendors provide documentation that: - Driver(s) have all permits, registrations, licenses and training required to perform services requested by BTT - Driver(s) have been properly trained on use of their equipment, basic emergency response and applicable BTT procedures; - BTT contract and insurance requirements have been met; Vendor has received specific approval from BTT to provide service; and Fueling procedures are accessible and have been reviewed with the driver. 2. The fuel delivery vehicle and the container lift must be shut off and secured (parking brakes set or wheels chocked) before fueling begins. 3. Fueling operations must be monitored at all times by authorized B`IT personnel. 4. Fueling equipment must be carefully inspected for damage and proper operation before use. (Visually check all hose for leaks.) 5. The fuel delivery vehicle must be equipped with the following: - Emergency shutoff; - Overflow protection; - Portable containment, spill mat and/or booms; and - Fire extinguishers 6. Verify the available fuel tank capacity for the container lift prior to fueling. 7. Place portable containment as necessary to prevent discharge in the event of a fuel spill or release. 8. Regularly inspect all hoses and connections for leaks or drips during the fueling process. 9. Emergency shutoff devices for the fuel delivery vehicle must be visible and readily accessible by personnel dispensing and monitoring fueling operations. 10. Monitor the liquid level in the container lift during fueling to prevent overflow. 11. Avoid "topping off" the fuel tank on the container lift to allow for fuel expansion during hot weather. 12. Fueling of the container lift must be strictly avoided during wet weather. 13. Fuel dispensing nozzles must be manually engaged and equipped with pressure activated automatic shutoff system. 14. Close all fuel delivery vehicle valves prior to removing the fueling nozzle and disconnecting hoses. 15. Make sure the hoses are drained to remove the remaining fuel before moving them away from the connection. 16. Close nozzle to prevent leakage. 17. Inspect the nozzle and all outlets of the fuel delivery vehicle for discharges prior to removal of the portable containment and prior to vehicle departure. October 7, 2011 Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: No Exposure Certification Bridge Terminal Transport, Inc — Charlotte, NC Terminal 725 Lawton Road, Charlotte, NC 28216 Dear Division of Water Quality Stormwater Permitting Unit, Please find enclosed a completed NCGNE0000 No Exposure Certification along with the required attachments for the Bridge Terminal Transport, Inc. (BTT) Charlotte, North Carolina Terminal located in Mecklenburg County. In addition to the documents required by the No Exposure Certification, you will find enclosed a copy of the fueling procedures for the container lift utilized at the terminal. This procedure has been included based on guidance provided by the Department of Water Quality Mooresville Office as supporting documentation for the status of the container lift as an adequately maintained vehicle. Please feel free to contact me at 704-714-3970 should you have questions regarding the submission of this No Exposure Certification. Regards, Thomas M. Zervos Terminal Manager, BTT Charlotte, NC nD@�i�� 0CTY2 20, �,,,,••••�DE'R•Wp Porw;ANDI gr�DUALITY A RANCH �i Bridge Termina/ Transport February 16, 2011 Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: No Exposure Certification Bridge Terminal Transport, Inc — Charlotte, NC Terminal 725 Lawton Road, Charlotte, NC 28216 Dear Division of Water Quality Stormwater Permitting Unit, RECEIVED DIVISION OF WATER QUALITY OCT 28 2011 SWP SECTION MOORESViLLE REGIONAL OFFICE Please find enclosed a completed NCGNE0000 No Exposure Certification along with the required attachments for the Bridge Terminal Transport, Inc. (BTT) Charlotte, North Carolina Terminal located in Mecklenburg County. In addition to the documents required by the No Exposure Certification, you will find enclosed a copy of the fueling procedures for the container lift utilized at the terminal. This procedure has been included based on guidance provided by the Department of Water Quality Mooresville Office as supporting documentation for the status of the container lift as an adequately maintained vehicle. Please feel free to contact me at 704-714-3970 should you have questions regarding the submission of this No Exposure Certification. Regards, Brian iviartiit Terminal Manager, BTT Charlotte, NC p@@0166r D FEB 1 8 2011 Bridge Terminal Transport, Inc. 725 Lawton Road • Charlotte, NC 28216-3438, USA Telephone:704-392-9001 Fax:704-399-2801 www.bttinc.com BTT Charlotte Facility Fueling Procedure The following procedures are utilized to minimize the potential for a spill during fueling of the BTT Charlotte terminal container lift. 1. BTT personnel shall ensure fueling vendors provide documentation that: - Driver(s) have all permits, registrations, licenses and training required to perform services requested by BTT - Driver(s) have been properly trained on use of their equipment, basic emergency response and applicable BTT procedures; - BTT contract and insurance requirements have been met; - Vendor has received specific approval from 13TT to provide service; and - Fueling procedures are accessible and have been reviewed with the driver. 2. The fuel delivery vehicle and the container lift must be shut off and secured (parking brakes set or wheels chocked) before fueling begins. 3. Fueling operations must be monitored at all times by authorized BTT personnel. 4. Fueling equipment must be carefully inspected for damage and proper operation before use. (Visually check all hose for leaks.) 5. The fuel delivery vehicle must be equipped with the following: - Emergency shutoff; - Overflow protection; - Portable containment, spill mat and/or booms; and - Fire extinguishers 6. Verify the available fuel tank capacity for the container lift prior to fueling. 7_ Place portable containment as necessary to prevent discharge in the event of a fuel spill or release. 8. Regularly inspect all hoses and connections for Ieaks or drips during the fueling process. 9. Emergency shutoff devices for the fuel delivery vehicle must be visible and readily accessible by personnel dispensing and monitoring fueling operations. 10. Monitor the liquid level in the container lift during fueling to prevent overflow. 11. Avoid "topping off' the fuel tank on the container lift to allow for fuel expansion during hot weather. 12. Fueling of the container lift must be strictly avoided during wet weather. 13. Fuel dispensing nozzles must be manually engaged and equipped with pressure activated automatic shutoff system. 14. Close all fuel delivery vehicle valves prior to removing the fueling nozzle and disconnecting hoses. 15. Make sure the hoses are drained to remove the remaining fuel before moving them away from the connection. 16. Close nozzle to prevent leakage. 17. Inspect the nozzle and all outlets of the fuel delivery vehicle for discharges prior to removal of the portable containment and prior to vehicle departure. �� : • Division of Water Quality / Surface Water Protection NCDENRNational Pollutant Discharge Elimination System .4-«. DF�wor NO EXPOSURE CERTIFICATION for Exclusion rN vloq.ftr Wry Nc .%bflQ z NCGNE0000 NO EXPOSURE CERTIFICATION FOR AGENCY USE ONLY Dale Received Year Month ❑a Cenificaee or Coverage NICIGINIE1 National Pollutant Discharge 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 for a 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 self re -certify your No Exposure Exclusion annually. 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 Contact Street Address City Telephone No. Email Bridge Terminal Transport, Inc. Brian Martin, Terminal Manager Charlotte State NC ZIP Code 28216 704 399-0280 Fax: 877 288-5369 Brian.Martin@bttinc.com Page 1 of 7 SWU-NE-12Aug2010 r NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Bridge Terminal Transport, Inc. Facility Contact Brian Martin, Terminal Manager Facility Street Address 725 Lawton Rd. City Charlotte State NC ZIP Code 28216 County Mecklenburg Count Telephone No. (704) 399-0280 Fax: (877) 288-5369 Email Brian.Martin@bttinc.com Y� 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). From 1-77- Brookshire Frwv West. Turn rictht onto Lawton Rd, Terminal is _on left. (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes ® No 5) Is this a Federal facility? ❑ Yes IA No 6) Latitude350 16139.5211 Longitude 80c' 52' 41 . 87"(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 M Existing Date operation began March 1996 ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? ❑ Yes M 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: 4 2 _ — 10) Provide a brief description of the types of industrial activities and products produced at this facility: Local Trucking with Container Storage 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? * No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 SwU-EVE=-12Aug201 0 r • 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 ® No 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 N No c. Materials or products from past industrial activity ❑ Yes N No d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No e. Materials or products during load ing/unload':ng or transporting activities ❑ Yes 0 No f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No 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 ® No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes M No the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes ® No j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes N No k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes M No otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow 1. Empty containers that previously contained materials that are not properly stored ❑ Yes ® No (i.e., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes N No 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 and piping free of rust, damaged or weathered coating, pits, or ❑ Yes 1l No N NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No N N/A cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SWU-NE-12Aug2010 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 all single above ground storage ❑ Yes ❑ No ® NIA containers (including drums, barrels, etc.) with a capacity of more than 660- gallons? b. Is secondary containment provided for above ground storage containers stored ❑ Yes ❑ No ® NIA 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 ❑ Yes ❑ No X3 NIA Amendments and Reauthorization Act (SARA) water priority chemicals'? d. Is secondary containment provided for hazardous substances— designated in 40 ❑ Yes ❑ No ® NIA CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No ® NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes ® No b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes ® No 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. ❑ Yes 0 No '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) bulk 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-VAug2010 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 ® No b. Does your facility have coal piles on site? []Yes 0 No c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ® No, sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes ® No 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? Q 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-12Aug2010 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 annually self re -certify No Exposure and, if requested, submit the re -certification to DWO or 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 porscrnel properly gathered and evaluated the information submitted. Based or. my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. ' 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. Printed Name of Person Signing: Brian Martin Title: Terminal Manager ( rgnature of Applicant) (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 falsities, 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 SW U-NE-12Aug2010 FN NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 28, 2011 Mr. Thomas Zervos, Terminal Manager Bridge Terminal Transport 725 Lawton Road Charlotte, NC 28216 Subject: No -Exposure Certification NCGNE0818 Bridge Terminal Transport 725 Lawton Road Mecklenburg County Dear Mr. Zervos: Dee Freeman Secretary The Division has reviewed your submittal of the No -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 a site visit on October 27, 2011 by Mr. Michael Parker with this Office, the Division is granting your conditional exclusion from stormwater permitting as provided for under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations. Since your facility has attained a No -Exposure exclusion, you will not be required to apply for an NPDES stormwater permit at this time. 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 quality for a No -Exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Failure to obtain a No -Exposure exclusion could also subject you to enforcement for an unpermitted stormwater discharge. You must self 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 does not need to be submitted to the Division unless requested. Please note that your conditional exclusion from permitting does not affect your facility's legal requirements to obtain any other environmental permits that may be required under other federal, state, oi� local regulations or ordinances. If you have any questions or need further information, please contact Mr. Parker at (704) 663-1699 or by email at Michael. Parker@ncdenr.gov. Sincerely, for Coleen H. Sullins cc: Stormwater Permitting Unit, No- Exposure Files (Brian Lowther) Attachment Mooresville Regional Office One Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 North Carolina Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwatMuality.org N%tlaralll, An Equal Opportunity1 Affirmalive Action Employer — 30% Recycledli 0 % Posl Consumer paper cr 770 Amn-IWA NCDE ' R Frrmo.nr ur+ Ncww. rian�rrn Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion NCGNEooao FOR AGENCY USE ONLY Dale Received Year Month t7a Cenificmc of Covt.age RZIGINIE1091 NO EXPOSURE CERTIFICATION National Pollutant Discharge 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 for a 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, DWO 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 oulfalls. 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). Y For questions, please contact the DWO Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of ownerloperator (address to which all certification correspondence will be mailed): Name Bridge Terminal Transport=, Inc. Contact jilarnaa '-ap_yV05 Terminal Manager Street Address 725 Lawton Rd -.-- City Charlotte _ State NC ZIP Code ^28216 Telephone No. 704 399-0280 Fax: (8771 288-5369 ' Email 70M.:EF-1RV(LS1cPbttinc . cam D n k Page 1 of 7 CI C- T SWU-NE-12Aug2010 kRAhli75pNk sTrERQUgIIiY 'NlS Ki NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Bridge TeMin4l T2ZgUao )rt, Inc. Facility Contact _ffiarlld.5 2cr0 5 Terminal Manager Facility Street Address 725 Lawton Rd. - City Charlotte State NC ZIP Code 28216 County Mecklenburg Count Telephone No. (704) 399-0280 Fax: (877) 288-5369 Emaii E Ory .S,, og)a bttinc . com 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). From I - 7 7 or I - 85 take NC 16 NQrth/ Brookshire Frwv West. Turn-riaht onto Lawton Rd. Terminal is on left. (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes ® No 5) Is this a Federal facility? ❑ Yes la No 6) Latitude 3 ° l6' 3 9 . 5 ° Longitude $ 0O 52 ' 41, 8 7 "(deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: 173 New or Proposed Facility Date operation is to begin 0 Existing Date operation began March 1996 _ ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? O Yes 0 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: 4 2 _ _4 10) Provide a brief description of the types of industrial activities and products produced at this facility: Local Trucking with, _C-o-LLtainer Stora e 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? 0 No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 SWU-NE-12Aug2010 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 12 No 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 ® No c. Materials or products from past industrial activity ❑ Yes 0 No d. Material handling equipment (except adequately maintained vehicles) ❑ Yes 0 No e. Materials or products during loading/unloading or transporting activities ❑ Yes ® No f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No 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, 171 Yes 2 No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes 2 No the discharger L Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes 0 No j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes 0 No k. Particulate matter or visible deposits of residuals from root stacks and/or vents not ❑ Yes ® No otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow I. Empty containers that previously contained materials that are not properly stored ❑ Yes ® No (i.e., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ® No 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 and piping free of rust, damaged or weathered coating, pits, or ❑ Yes ❑ No 0 NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No ® NIA cracks, holes, or evidence of leaks, and are drain valves maintained flocked shut? Page 3 of 7 Swu-N E-12Aug2010 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 all single above ground storage ❑ Yes ❑ No ® NIA containers (including drums, barrels, etc.) with a capacity of more than 660- gallons? b. Is secondary containment provided for above ground storage containers stored ❑ Yes ❑ No ® NIA 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 ❑ Yes ❑ No M N/A Amendments and Reauthorization Act (SARA) water priority chemicals'? d. Is secondary containment provided for hazardous substances" designated in 40 © Yes ❑ No 65 NIA CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No 0 N/A 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes M No b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste ❑ Yes 0 No generated per month) of hazardous waste? c, Is this facility a Large Quantity Generator (1000 kg, or more of hazardous waste ❑ Yes 0 No 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 stared: How many disposal shipments per year: Name of transport I disposal vendor: Vendor address: Footnotes to Questions 14) c. & d. '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) bulk 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 S W U-IV E-12Aug2010 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. foes your facility store used, recycled, or otherwise reclaimed pallets outside? i] Yes ® No b. Does your facility have coal piles on site? [-]Yes ® No ' c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ED No sawdust, etc.? i d. Does your facility have air emissions associated with its industrial activity (e.g., []Yes 0 No 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? 0 Yes ❑ No O 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 5 W U-N E-12Aug2010 -{ 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 stormwator'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)), understand that I am obligated to annual!y sell re -certify No Exposure and, if requested, submit the re -certification to DWQ or 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 focal 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 facile. Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 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. Printed Name of Person Signing:—J'ht]rilas _,.., - �Ze UO5 Title: Terminal Manager (Signature of Applicant) (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 cerliticalion in any application, record, reporl,•plan, or other document filed or required to be maintained under this Article or a rule implementing [his Article; or who knowingly makes a false statement of a material fact In a rulemaking proceeding or contested case under this Article; or who falslites, tampers with, or knowingly renders inaccurate any recording or mon€taring 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 sW U-NE-12Aug2010 BTT Charlotte Facility Fueling Procedure The following procedures are utilized to minimize the potential for a spill during fueling of the BTT Charlotte terminal container lift. 1. BTT personnel shall ensure fueling vendors provide documentation that: Driver(s) have all permits, registrations, licenses and training required to perform services requested by BTT - Driver(s) have been properly trained on use of their equipment, basic emergency response and applicable BTT procedures; BTT contract and insurance requirements have been met; Vendor has received specific approval from BTT to provide service; and Fueling procedures are accessible and have been reviewed with the driver. 2. The fuel delivery vehicle and the container lift must be shut off and secured (parking brakes set or wheels chocked) before fueling begins. 3. Fueling operations must be monitored at all times by authorized BTT personnel. 4. Fueling equipment must be carefully inspected for damage and proper operation before use. (Visually check all hose for leaks.) 5. The fuel delivery vehicle must be equipped with the following: - Emergency shutoff; - Overflow protection; - Portable containment, spill mat and/or booms; and - Fire extinguishers 6. Verify the available fuel tank capacity for the container lift prior to fueling. 7. PIace portable containment as necessary to prevent discharge in the event of a fuel spill or release. 8. Regularly inspect all hoses and connections for leaks or drips during the fueling process. R. Emergency shutoff devices for the fuel delivery vehicle must be visible and readily accessible by personnel dispensing and monitoring fueling operations. 10. Monitor the liquid level in the container lift during fueling to prevent overflow. 11. Avoid "topping off" the fuel tank on the container lift to allow for fuel expansion during hot weather. 12. Fueling of the container lift must be strictly avoided during wet weather. 13. Fuel dispensing nozzles must be manually engaged and equipped with pressure activated automatic shutoff system. 14. Close all fuel delivery vehicle valves prior to removing the fueling nozzle and disconnecting hoses. 15. Make sure the hoses are drained to remove the remaining fuel before moving them away from the connection. 16. Close nozzle to prevent leakage. 17. Inspect the nozzle and all outlets of the fuel delivery vehicle for discharges prior to removal of the portable containment and prior to vehicle departure. ...s.r""l� 4- ti _� �o{'�* ;��i tt +_�. 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E" '+.Eye alt' October 7, 2011 Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: No Exposure Certification Bridge Terminal Transport, Inc — Charlotte, NC Terminal 725 Lawton Road, Charlotte, NC 28216 Dear Division of Water Quality Stormwater Permitting Unit, Please find enclosed a completed NCGNE0000 No Exposure Certification along with the required attachments for the Bridge Terminal Transport, Inc. (BTT) Charlotte, North Carolina Terminal located in Mecklenburg County. In addition to the documents required by the No Exposure Certification, you will find enclosed a copy of the fueling procedures for the container lift utilized at the terminal. This procedure has been included based on guidance provided by the Department of Water Quality Mooresville Office as supporting documentation for the status of the container lift as an adequately maintained vehicle. Please feel free to contact me at 704-714-3970 should you have questions regarding the submission of this No Exposure Certification. Regards, Thomas M. Zervos Terminal Manager, BTT Charlotte; NC �A7i. -) .1, � �-&-p f &- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 28, 2011 Mr. Thomas Zervos, Terminal Manager Bridge Terminal Transport 725 Lawton Road Charlotte, NC 28216 Subject: No -Exposure Certification NCGNE0818 Bridge Terminal Transport 725 Lawton Road Mecklenburg County Dear Mr. Zervos: The Division has reviewed your submittal of the No -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 a site visit on October 27, 2011 by Mr. Michael Parker with this Office, the Division is granting your conditional exclusion from stormwater permitting as provided for under 40 CFR 122.26(g), which is incorporated by reference in North Carolina regulations. Since your facility has attained a No -Exposure exclusion, you will not be required to apply for an NPDES stormwater permit at this time. 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. Failure to obtain a No -Exposure exclusion could also subject you to enforcement for an unpermitted stormwater discharge. You must self 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 does not need to be submitted to the Division unless requested. Please note that your conditional exclusion from permitting does not affect your facility's legal requirements to obtain any other 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 Mr. Parker at (704) 663-1699 or by email at Michael. Parker@ncdenr. gov. Sincerely, for Coleen H. Sullins cc: Stormwater Permitting Unit, No- Exposure Files (Brian Lowther) Attachment . Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, MG 28115 Phone: (704) &63-16991 Fax: (704) 663-6040 h Customer Service: 1-877-623-6748 lntemet: www.ncwaterquality.org North Caro] ina Naturally. 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