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NCGNE0836_COMPLETE FILE - HISTORICAL_20160617
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE On� DOC TYPE ❑HISTORICAL FILE DOC DATE ❑ I YYYYMMDD op 0. Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY June 14, 2016 d/ OG Mr. Greg Mondesire Fisher & Ludlow 2000 Corporate Drive, P.O. Box 1238 Wexford, NC 15090 Subject: Requested rescission of stormwater permit coverage under ❑ Rescission request denied. Reason: PAT MCCRORY Governor DONALD R. VAN DER VAART .Secreiary TRACY DAVIS I)irecrnr Y1�Cr_h ED 83�0 Aescission request approved, effective immediately. Permit coverage rescinded on the following basis: You reported that you have ceased all regulated activity and sold the facility. You reported that although you retain ownership or control of the facility, you have ceased all regulated activity, and there are no materials remaining on site that may resent a risk of stormwater pollution, You reported that continued permit coverage is not required because the site activities are not regulated by the NPDES stormwater permitting program. ❑ Note other basis: C�'DEMLR Regional Office (RO) inspection and concurrence ❑ No RO inspection. We are relying on your representation that a permit is no longer required. Discharging regulated industrial stormwater, discharging wastewater, or operating a treatment facility without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. The Division may pursue enforcement action on persons that have voluntarily relinquished permit coverage when continuing permit coverage was necessary. If in the future you wish to again discharge to the State's surface waters, you must first apply for and receive new coverage under an NPDES permit. If you have questions about our determinations above, please contact the DEMLR Regional Office (copied below), or i!a.,,a i1e- a., d. in the Raleigh Central Office at (919) 807-6368. Sincerely, for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral, and Land Resources Stormwater Permitting Program files — with attachments DEMLR_Regional Office, iQ�r Pas/e,/ State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Sertiice Center 512 North Salisbury Street I Raleigh, North Carolina 27699-1612 919 707 9220 T Compliance Inspection Report Permit: NCGNE0836 Effective: 04/18/12 Expiration: Owner: Fisher & Ludlow SOC: Effective: Expiration: Facility: Fisher & Ludlow County: Mecklenburg 4816 Worth PI Region: Mooresville Charlotte NC 28216 Contact Person: Tony McHugh Title: Phone: 704-939-6212 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 04/19/2016 Primary Inspector: Ginger Pasley Secondary Inspector(s): Certification: Phone: Entry Time: 11:OOAM Exit Time: 12:00PM Phone: 704-663-1699 Ext.9 James D Moore Phone : Reason for Inspection: Other Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge, No Exposure Certificate Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions (See attachment summary) Page: 1 Permit: NCGNE0836 Owner - Facility: Fisher & Ludlow Inspection Elate: 04111912016 Inspection Type : Compliance Evaluation Reason for Visit: Other Inspection Summary: Fisher and Ludlow have vacated the building and there are now new occupants. Rescision request should be granted. Page: 2 NCDENR F9LE North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary April 18, 2012 Mr. Daryl Smith Fisher & Ludlow 4816 Worth Place Charlotte, North Carolina 28216 Subject: No -Exposure Certification NCGNE0836 Fisher & Ludlow 4816 Worth Place, Charlotte, North Carolina 28216 Mecklenburg County Dear Mr. Smith: 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, the site visit of April 17, 2012, by staff from this office, and your certification of the leak testing of the metal scrap dumpster 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. We are also hereby rescinding your current permit Certificate of Coverage, NCG030598. Please note that by our acceptance of your no -exposure certification, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a No -Exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. 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 DWQ 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) 235-2204, or at marcia.allocco@ncdenr.gov, Sincerely, for Charles Wakild, P.E. cc: Stormwater Permitting Unit No- Exposure Files R. Rozzelle, MCWQP Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 i Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org Fran McPherson -Budget Office Stormwater Permitting File NCG030598 One NorthCarolina Natlttallff An Equal Opportunity 1 Affirmative AeGon Employer - 30% Recycledll0 o Post Consumer paper Compliance Inspection Report Permit: NCGNE0836 Effective: Expiration: Owner: Fisher &Ludlow SOC: Effective: Expiration: Facility: Fisher & Ludlow County: Mecklenburg 4816 Worth PI Region: Mooresville Charlotte NC 28216 Contact Person: Tony McHugh Title: Phone: 704-939-6212 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 04/17/2012 Entry Time: 03:06 PM Exit Time: 03:21 PM Primary Inspector: Marcia Allocco Phone: 704-663-1699 Ext.2204 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge, No Exposure Certificate Facility Status: ■ Compliant El Not Compliant Question Areas: E Miscellaneous Questions (See attachment summary) Page: 1 Permit: NCGNE0836 Owner - Facility: Fisher & Ludlow Inspection Dale: 04117/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The facility was visited through a new No -Exposure Certification request and currently holds COC NCG0300598 and was found to be compliant during last inspection. Stormwater at the site drains to two drop inlets (one on north side of the facility and one on the south side of the facility). Flow from these drop inlets combines at a drop inlet on the west side of the facility before discharging to the City of Charlotte municipal separate stormwater system (MS4),with eventual discharge to an unnamed tributary to Stewarts Creek (verified on USGS Mountain Island Lake and Derita Quadrangles). There was standing water in the final drop inlet but no illicit discharges. The following sources of stormwater exposure were noted during the inspection: • Metal scrap dumpster — the dumpster was equipped with grating on the top but not a fixed, solid lid to prevent stormwater intrusion. There was a drain plug at the bottom that was capped. The facility contact noted that the dumpster had been welded shut and that the metal recycler drains any accumulated water when the dumpster is emptied. Fisher and Ludlow had leak tested the dumpster post welding it shut and provided written certification post inspection (via e-mail; Smith to Allocco) that the dumpster does not leak. • Finished products (metal grating) are stored outdoors and exposed to stormwater. However, because this final product is intended for use outdoors its storage meets the requirements of No -Exposure. • Used pallets are stored in the rear of the facility and used for shipping. The pallets were clean and free from contamination and therefore their storage outdoors is acceptable for No -Exposure. The following requirements are required to maintain No -Exposure: • Facility personnel must ensure that accumulated stormwater in the metal scrap dumpster does not discharge either during storage on site or when the dumpster is being loaded for transport to the metal recycler. Any discharge from the dumpster would constitute exposure and would require coverage under general permit NCG030000. Page: 2 r �+ Division of Water Quality 1 Surface Water Protection NOLD&ENR National Pollutant Discharge Elimination System C ,_ t>EA..., � NO EXPOSURE CERTIFICATION for Exclusion NCGNE0000 NO EXPOSURE CERTIFICATION FOR AGRNCY USE ONLY Date Reccived Year Month Day Certificate of Coverage NICIGINI ld1V,3lLo 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 Fisher & Ludlow Contact Daryl Smith Street Address 816 Wortn Piace City Charlotte State NC ZIP Code 28216 Telephone No. 704 .393. 6212 Fax: Email dsmith@fisherludlow.com n>7��[j%][� DIVISION OF WATER QUALITY t�i v L FEB 0 3 2012 JAN 2 4 2012 SWP SEC"i iON Page 1 of 7 DENR- WATER OUALITY MOORESVILLE REGIONAL OFFICE 6ETIIWDSAND STORMWATERBRMCH SW U-NE-12Aug2010 t NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Fisher & Ludlow Facility Contact Daryl smith Facility Street Address 4 8 16 wort P ace City Charlotte State NC ZIP Code 28216 County Mecklenburg Telephone No. 704 .393 . 6212 Fax: Email HIRMi thof i ghPrl13fil nw rnm 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). 85 to exit 36 Brookshire Blvd, turn right on Lawton Road, turn left on worth Place, 4816 is on the right (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 IXNo 6) Is this a Federal facility? ❑ Yes ET -No 6) Latitude 35, 16' , 161, Longitude 8°- 52' , 55.65" (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 ff Existing Date operation began 1/ 1/ 2 0 0 6 ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? IN Yes ❑ No If yes, what is the NPDES Permit Number? NCG03 0000 ��(,p3i.)sq� 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: 3 4 4 6 10) Provide a brief description of the types of industrial activities and products produced at this facility: Manufactures Steel Grating. 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? C'No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: SW U-NE-1 Mug2010 Page 2 of 7 NCGNEU000 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 U 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 IN No c. Materials or products from past industrial activity ❑ Yes RS No d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No e. Materials or products during loading/unloading or transporting activities ❑ Yes [f 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 9No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes ITNo the discharger i. 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 IN No k. Particulate matter or visible deposits of residuals from roof 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 L 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 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 9 N/A deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No 9 N/A cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SW U-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 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? ❑ Yes ❑ No CF N/A ❑ Yes ❑ No IN N/A ❑ Yes ❑ No 13 N/A ❑ Yes ❑ No 6 N/A ❑ Yes ❑ No IN N/A ❑ Yes IS No U Yes ❑ No ❑ Yes 25 No If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Paint Sludge How is material stored: Indoors I Secondary Containment Where is material stored: Indoors How many disposal shipments per year: 1 Name of transport / disposal vendor: xaz-Mat Environmental services Vendoraddress: 221 Dalton Avenue, Charlotte, NC 28206 _/ 704.332.5�pQ__ 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-ga!ion (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 SW U-NE-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. Does your facility store used, recycled, or otherwise reclaimed pallets outside? LFYes ❑ No b. Does your facility have coal piles on site? ❑ Yes 9 No c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ff No sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., ffYes ❑ No degreasing operations, plating, painting' and metal finishing)? If so, describe the industrial activity: Welding Fume e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? ❑ Yes Ix 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 5W U-NE-1 Mug2010 NCGNEO000 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-certily No Exposure and, 9 requested, submit the re-certificatlon 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 ppint §pure dischaarge of stormwater from the facifity. Additionally, l 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. 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: Par %f A Ste, � Title: rpn r- rN AJU IDC-C 14 ra (Signaturo ajrApplicant) (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(t) provides that: Any person who knowingly makes any false statement, representation, or certification In any application, record, report, pan, or other document Ned or required to be maintained under this Article or a rule Implementing this Article; or who knowingly makes a false statement of a material tact In a rulemaking proceeding or contested case under this Article; or who talslfies, 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 SWU-NE-12Aug2010 NCGNE0000 No Exposure Certification Final Checklist This application should include the following items: IX This completed application and all supporting documentation. 9 A map with the location of the facility clearly marked. ca 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 DWO 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 7 of 7 SWU-NE-12Aug2010 Site is 80% impervious i All industrial activities t/ take place indaars: na _, Unloading Arca Ioderl rape autdoar activities. - - Kev; FISHER & LUDLOW - Storm Water Outfall PLACE Storm Water Drain Inlet KLB/NfELDSR CHARLLOTOT WORTHTE, NORTH CAROLINA ~ - Storm Water Flow Direction ''gA14"`' �''s°" " SITE MAP Storm Water Drain Flow ti a - NK FIGURE 2 (000- DIER Bright People. Right Solutions. January 23, 2012 124169 1 CLT121-003 Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: No Exposure Certification Fisher & Ludlow Charlotte, North Carolina Kleinfelder Project No. 124169 Dear Permitting Engineer: RECEIVED DIVISION OF WATER QUALITY FEB 0 3 2012 MOORESV',LLE REGIONAL OFFICE Kleinfelder Southeast, Inc. (Kleinfelder) is pleased to provide the enclosed No Exposure Certification form on behalf of Fisher & Ludlow. If you have any questions, please contact the undersigned at (704) 598.1049 or Daryl Smith of Fisher & Ludlow at (704) 393.6212. Sincerely, KLEINFELDER SOUTHEAST, INC. 'RV..�-'l�A -4). Ccvv-1,) -t -- Mesha N. Covington Staff Professional Iw Michael A. Sussman, P.E. Senior Engineer P= @ R Ow 2-70 .IAN 2 4 2012 DENR • WATER QUALITY WETLANDS AND STORMWATER BRANCH 6200 Harris Technology Blvd, Charlotte, NC 28269 p 1704.598.1049 f 1704.598.1050 Allocco, Marcia From: Daryl Smith [dsmith@fisherludlow.coml Sent: Wednesday, April 18, 2012 8:15 AM To: Allocco, Marcia Subject: Fisher & Ludlow Charlotte Hi Marcia, This letter is to address the concerns about our out outside storage container. The container was leak tested after it was seal welded. Thanks, Daryl Smith CONFIDENTIALITY NOTICE:This e-mail contains confidential information which is the property of Harris Steel and affiliates (Harris), intended only for the use of the intended recipient(s). Unauthorized use or disclosure of this information is prohibited. If you are not an intended recipient, please immediately notify Harris and destroy any copies of this email. Receipt of this e-mail shall not be deemed a waiver by Harris of any of its legal rights or the confidential nature of the information. 1