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HomeMy WebLinkAboutNCGNE0969_COMPLETE FILE - HISTORICAL_20130930j STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE U9lO� DOC TYPE ❑HISTORICAL FILE DOC DATE ❑ OI3O�,�U YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director , El LLC Attn: Thomas Lash 2865 N. Cannon Blvd. Kannapolis, N.C. 28083 Dear Mr. Lash: Pat McCrory, Governor John E. Skvada, III, Secretary September 23, 2013 Subject: No -Exposure Certification NCGNE0969 El LLC 1109 South Main Street Landis, NC 28088 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 September 20, 2013, by Mr. Samar Bou-Ghazale 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. 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 Mr. Bou-Ghazale at (704) 235-2199 or by email at Samar.Bou-Ghazale@ncdenr.gov. Sincerely, s `�-- Zahid Khan Regional Engineer cc: Stormwater Permitting Unit No- Exposure Files (Bethany Georgoulias) Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Telephone 704-663-16991 FAX: 704-663-6040 • Internet: hftp_//portal.nedenr.or.qlweb/ir/land-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper t~5 , �IM s`�' t) 2013� ....... T*�A A NCDENR F,ivfr�,wr�T .nn NmaN. Rrxays Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION NCGNE0000 Do not submit this form to DWQ unless requested. For questions, please contact the DWQ Regional Office for your area or the Central Office. (Please print or type) Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY) - -N--C-G -N- E- -- - -- ... --- 1) Has the facility name or owner changed? ❑ Yes ❑ No (if yes, please submit a separate Name/Ownership Change Form to DWQ located at http://portal.ncdenr.org/web/wq/ws/su/npdessw#Application_Forms_N PDES) 2) 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 to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ. 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 ❑ No c. Materials or products from past industrial activity ❑ Yes ❑ 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 ❑ 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 ❑ 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 ❑ 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 [:]No (i.e., not closed and stored upside down to prevent precipitation accumulation) Page 1 of 3 SW U-NESR-29JU2014 NCGNE0000 No Exposure Self Re -Certification 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? 3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ. a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ❑Yes❑ No ❑ NIA deterioration, or evidence of leaks? Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑Yes❑ No ❑ N/A cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? 4) Secondary Containment. If you answer "No" to any of the following items, you are not eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ. 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? Footnotes to Questions 4) c- & d. ❑Yes❑ No ❑ NIA [:]Yes[:] No ❑ N/A []Yes[:] No ❑ N/A ❑Yes❑ No ❑ NIA ❑Yes❑ No R. N/A '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, andlor 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. 5) Other information: If you answer "Yes" to any of the following items, and the answer if different from how it was answered when originally applying, you might not be eligible to maintain your no exposure exclusion. Please contact the Division if this is the case. a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? b. Does your facility have coal piles on site? c. Does your facility store other fuel sources outside in piles, such as wood chips, sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: e: If you answered yes to d., are those emissions permitted by an Air Quality Permit? Please specify: ❑ Yes ❑ No ❑ Yes [—]No ❑ Yes ❑No ❑ Yes ❑ No ❑Yes❑ No❑NIA Page 2 of 3 SWU-NESR-29Jui2010 NCGNE0000 No Exposure Self Re -Certification 6) 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/maintaining 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 12226(g)(2)). I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this recertification 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 provided. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for providing false information, including the possibility of fine and imprisonment for knowing violations, certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Title: (Signature) (Date Signed) Please note: The Regional Office may 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). This completed form must be kept on file at the facility for at least 5 years. Do not submit this form to DWO unless requested. Page 3 of 3 5WU-NESR-29.102010 AGla NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, GPM Director El I_LC Attn: Thomas Lash 2865 N. Cannon Blvd. Kannapolis, N.C. 28083 Dear Mr. Lash: Pat McCrory, Governor John E. Skvarla, III, Secretary September 23, 2013 Subject: No -Exposure Certification NCGNE0969 El LLC 1109 South Main Street Landis, NC 28088 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 September 20, 2013, by Mr. Samar Bou-Ghazale 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. 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 Mr. Bou-Ghazale at (704) 235-2199 or by email at Samar.Bou-Ghazale@ncdenr.gov. Sincerely, Zahid Khan Regional Engineer cc: Stormwater Permitting Unit No- Exposure Files (Bethany Georgoulias) Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Telephone 704-663-16991 FAX: 704-663-6040 • Internet: h_ :Il ortal.ncdenr.om/web/Irliand-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Past Consumer Paper Ake NC®ENR Y rN Gwa•nu I:EVu2fNclT �]= rrrvw��rr-�t um Nm.A+r. arx:.acrs Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION NCGNE0000 Do not submit this form to DWQ unless requested. For questions, please contact the DWQ Regional Office for your area or the Central Office. (Please print or type) Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY) -N--C- G -N- E- - - - - -- -/ I J I / - 1) Has the facility name or owner changed? ❑ Yes ❑ No (if yes, please submit a separate Name/Ownership Change Form to DWO located at http://porial.ncdenr.org/web/wqlwslsu/npdessw#Application_Forms_NPD ES) 2) 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 to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ. 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 ❑ No c. Materials or products from past industrial activity ❑ Yes ❑ 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 ❑ 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 ❑ 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 ❑ 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 ❑ No (i.e., not closed and stored upside down to prevent precipitation accumulation) Page 1 of 3 SW U-NESR-29Ju12010 NCGNE0000 No Exposure Self Re -Certification 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? 3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ. a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ❑Yes❑ No ❑ NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any [:]Yes[] No ❑ NIA cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? 4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ. 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? Footnotes to Questions 4) c. & d- ❑Yes❑ No ❑ NIA ❑Yes❑ No ❑ NIA [:]Yes[:] No ❑ N/A [:]Yes[:] No ❑ NIA ❑Yes❑ No ❑ NIA 'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment However, some exceptions may be made for de minimis amounts of certain substances, andfor 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. 5) Other information: If you answer "Yes" to any of the following items, and the answer if different from how it was answered when originally applying, you might not be eligible to maintain your no exposure exclusion. Please contact the Division if this is the case. a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? b. Does your facility have coal piles on site? c. Does your facility store other fuel sources outside in piles, such as wood chips, sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? Please specify: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑No ❑ Yes ❑ No [:]Yes[:] No❑N/A Page 2 of 3 SW U-NESR-29,102010 .46 NCGNE0000 No Exposure Self Re -Certification 6) 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/maintaining 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 CPR 122.26(g)(2)). I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this 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 penally 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 provided. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware that there are significant penalties for providing false information, including the possibility of fine and imprisonment for knowing violations. I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing; Title: (Signature) (Date Signed) Please note: The Regional Office may 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 h 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; of who falsifies, tampers with, or knowingly renders inaccurate any recording of 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), This completed form must be kept on file at the facility for at least 5 years. Do not submit this form to DWQ unless requested. SWU-NFSR-29Jul2010 Page 3 of 3