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HomeMy WebLinkAboutNCGNE0913_COMPLETE FILE - HISTORICAL_20130219STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE DOC TYPE ❑HISTORICAL FILE DOC DATE ❑ U YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Chaves Wakild, P.E. Governor Director February 19, 2013 Mr. Bill McKinney, Controller Lee Industries, Inc. 402 West 25th Street Newton, NC 28658 Subject: No -Exposure Certification NCGNE0913 Lee Industries — Plant 5 Catawba County Dear Mr, McKinney: John E, Skvarla, Ill 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 February 8, 2013, 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. 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 unpernnitted 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 DWQ unless requested. Please note that 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 me at (704) 235-2194 or by email at Michael. Parker@ncdenr.gov. Sincerely, for Charles Wakild, PE Enclosure cc: Stormwater Permitting Unit No- Exposure Files Budget Office Mooresville Regional Office Location: 610 East Center Avenue, suite 301, Mooresville, NC 28115 Phone: (704) 663-1699 1 Fax: (704) 663-6040 Internet: httpa/portal.ncdenr.org/weblwq 2.6 2013 Nne orthCarol ilia Naturallil An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled/10% Post Consumer paper � � �� �_ ��: 1 � { ..r 1 •- 4 _ �ti tt t~�� ., 1. Y'.-� �a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E.. Join E. Skvarla, III Governor Director Secretary February 19, 2013 Mr. Bill McKinney, Controller Lee Industries, Inc. 402 West 251h Street Newton, NC 28658 Subject: No -Exposure Certification NCGNE0913 Lee Industries — Plant 5 Catawba County Dear Mr. McKinney: 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 February 8, 2013, 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. 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 DWQ unless requested. Please note that 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 me at (704) 235-2194 or by email at Michael. Parker@ncdenr.gov. Sincerely, for Charles Wakild, PE Enclosure cc: Stormwater Permitting Unit No- Exposure Files Budget Office Mooresvilte Regional Office Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: (704) 663-1699 1 Fax: (704) 663-6040 Internet: http://portal.ncdenr.org/webiwq NonthCarofina ,lVaturally An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled110% Post Consumer paper r �; ® Division of Water Quality / Surface Water Protection NC®ENR National Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion fry fR+•r.•r:r a.[. [�:+ai Frt�_ rr. NCGNE0000 NO EXPOSURE CERTIFICATION FOR AGENCY USE ONLY Date Received Year N7ont Day Certificate of Coverage N NE RECEIVED DiViWION OF WAT ER QUALITY .BAN 0 3 2013 National Pollutant Discharge Elimination System application for exclusion from atStormwater-RermLt]hasedFlCE 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 For questions, please contact the DWO 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 Lee Industries, Inc. Contact Street Address City Telephone No. Email Patrick Beard 402 West 25th Street Newton ___828_ 64.-8.318 pbeard &Ieeind ustries. corn Page 1 of 7 State NC ZIP Code 28658 Fax: _ 828 464-0416 �— L5 @ L5 Ll V DEC ,,82012 p@NR - V1rATER QUAL S W U-N E-12Aug2010 NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Lee Industries, Inc. - Plant 5 Facility Contact Patrick Beard Facility Street Address 210 4th Street SW City Conover State NC ZIP Code 28613 County (atawba Telephone No. 828 - Fax: _ 828464-0416 Email _ pbeard(cDleeindustries.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). 1-40 Exit 130. South (left) on 1 st St. SW Right on 1st Ave S. Cross over RIR. Right on 4th St SW. Facility 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 )Q No 5) Is this a Federal facility? ❑ Yes Xl No 6) Latitude 350 42' 16" Longitude 810 13' 17" (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: )I New or Proposed Facility Date operation is to begin ❑ Existing Date operation began ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? ❑ Yes Ili No* If yes, what is the NPDES Permit Number? If so, not known. 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: 2 5 1 2 10) Provide a brief description of the types of industrial activities and products produced at this facility: Upholstered Furniture Manufacturing 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? Xi 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.") It 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 X 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 X No c. Materials or products from past industrial activity ❑ Yes X No d. Material handling equipment (except adequately maintained vehicles) © Yes 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 X 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 X No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes X No the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes X No j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes 1X No k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes N 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 $I 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 X NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑ Yes ❑ No X NIA 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 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? * Small Quality Exempt 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: ❑ Yes ❑ No X NIA ❑ Yes ❑ No X NIA XI Yes ❑ No ❑ NIA MI Yes ❑ No ❑ NIA ❑ Yes ❑ No )ICI NIA ❑ Yes XI No X Yes* ❑ No ❑ Yes M No Type(s) of waste: Paint / Coating Waste How is material stored: Drums with Secondary Containment Where is material stored: At Spray Booths in Building How many disposal shipments per year: @ 4 Name of transport / disposal vendor: IBS Environmental Services, Inc. Vendor address: PO Box 1263 Lenoir, NC 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 i,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-12Au92010 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 X No b. Does your facility have coal piles on site? ❑ Yes X No c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes iM No sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., X Yes ❑ No degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: Wood Coating Spray Booth e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? X Yes* ❑ No ❑ NIA Please specify: "Permit Pending I. 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 CER 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 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 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. 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: Bill McKinn Title: Controller (Signature of Applicant) /Z/Zr /Z (Date Signed) Please note: This application for the No Exposure Exclusion is subject to approval by the NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for compliance with no exposure conditions prior to that approval. The Regional Office may also inspect your facility at any time in the future for compliance with the No Exposure Exclusion. North Carolina General Statute 143-215.6 B(i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). There is currently no fee for a No Exposure Exclusion. 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