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HomeMy WebLinkAboutNCGNE0054_COMPLETE FILE - HISTORICAL_20100430STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE DOC TYPE LR'HISTORICAL FILE DOC DATE o aol ooy f)o YYYYMMDD ,w r NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 30, 2010 JOSEPH PERRY FACILITIES SUPERVISOR CAREFUSION MANUFACTURING LLC 1515 IVAC WAY CREEDMOOR NC 27522 Dear Mr. Perry: Dee Freeman Secretary Subject: Name/Ownership Change No Exposure Certification NCGNE0054 CareFusion Manufacturing, LLC Formerly Alaris Medical Systems, Inc 1515 IVAC Way, Creedmoor, NC Granville County The Division has reviewed your submittal of the permit name/ownership change form for your No -Exposure Certification, which we received on March 23, 2010. Division personnel have reviewed and approved your request to change coverage under your Certificate of No -Exposure. 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. Your conditional no -exposure exclusion expires on May 30, 2011. At that time you must -re -certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your certification of no exposure 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. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone, 919-807-63001 FAX: 91 M07-64941 Customer Service: 1-877-623-6748 Internet www,ncwaterquatty.org An Equal Opportunity 1AKmtatwe Action Employer One North Carolina Naturally No Exposure Certification NCGNE0054 If you have any questions or need further information, please contact the Stormwater Permitting Unit at (919) 807- 6300. Sincerely, / "` for Coleen H. Sullins cc: Gentral File - ( Dw 62 SXr6ruxe-- S P(A Raleigh Regional Office I v n ly) Stonnwater Permitting Unit Files J ✓S O�O� WA7F9oG Beverly Caves Perdue, d1lernor 7 Dec Freeman, Secretary North Carolina Department or Environment and Natural Resources O 'C Coleen 11. Sullins, Director Division of Water Quality SURFACE,WATER PROTECTION SECTION•- .. .., _ PERMIT NAME/OWNERSHIP..CHANGE FORM-' Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I iD I S 10 12 6 8 2 4 N C G N I I O 0 5 4 Permit status prior to requested change. a. Permit issued to (company name): Alaris Medical Systems Inc. b. Person legally responsible for permit: Robert Suka First MI Last Sr Operations Manager Tide 1515 IVAC Way Permit Bolder Mailing Address Creedmoor NC 27522 City State Zip (919)528-5200 ( ) Phone Fax c. Facility name (discharge): Alaris Medical Systems Inc. d. Facility address: 1515 IVAC Way Address Creedmoor NC 27522 City State Zip e. Facility contact person: Robert Suka (919) 528-5200 First / MI / Last Phone Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ® Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: d. Facility name (discharge): e. Facility address: F. Facility contact person: CareFusion Manufacturing, LLC First MI Last Facilities Supervisor 'title 1515 IVAC Way Pcrmit Bolder Mailing Address Creedmoor NC 27522 City State Zip (919) 528-53 14 Joseph. Perry(cbcarefusion.com Phone I mail Address CareFusion Manufacturing, LLC 1515 IVAC Way Address Creedmoor NC 27522 City State Zip First MI Last (919) 528-5314 Joseph.Perry(a,)careftlsion.com Phone E-mail Address Revised 812008 PERMIT NAME/OWNERSHIP CHANGE FORM ' -'Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: 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? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ® 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, i attest that this application for a name/ownership change has been reviewed and is accurate and c replete 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, /ABC X /bMAJzto ignature Date APPLICANT CERTIFICATION I, attest that this application for a name/ownership change has been reviewed and is accurate and corhplete 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. Vr (Y Lie MA tL l O 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 712008 ;r EXECUTION COPY 40 � 4 SEPARATION AGREEMENT BY AND BETWEEN CARDINAL HEALTH, INC. • AND CAREFUSION CORPORATION Dated July 22, 2009 1; ERROR! NO PROPERTY NAME SUPPLIED. i, I EXECUTION COPY 40 � 4 SEPARATION AGREEMENT BY AND BETWEEN CARDINAL HEALTH, INC. • AND CAREFUSION CORPORATION Dated July 22, 2009 1; ERROR! NO PROPERTY NAME SUPPLIED. i, I ® SEPARATION AGREEMENT This SEPARATION AGREEMENT, dated as of July 22, 2009 (this "Agreement"), is by and between Cardinal Health, Inc., an Ohio corporation ("Cardinal Health"), and CareFusion Corporation, a Delaware corporation ("CareFusion"). Certain terms used in this Agreement are defined in Section 1.1. W ITNESSETH: WHEREAS, the board of directors of Cardinal Health has determined that it is in the best interests of Cardinal Health and its shareholders to create a new publicly traded company which shall operate the CareFusion Business; WHEREAS, CareFusion has been incorporated solely for these purposes and has not engaged in activities except in preparation for its corporate reorganization and the distribution of its stock; WHEREAS, the board of directors of Cardinal Health and the board of directors of CareFusion have approved the transfer of the CareFusion Assets to CareFusion and its Subsidiaries and the assumption by CareFusion and certain of its Subsidiaries of the CareFusion Liabilities, all as more fully described in this Agreement and the other Transaction Documents; WHEREAS, the board of directors of Cardinal Health has further approved the ® distribution to the holders of the issued and outstanding common shares, without par value, of Cardinal Health (the "Cardinal Health Common Shares") as of the close of business on the Record Date, by means of a pro rata distribution, of issued and outstanding shares of the common stock, par value one one -hundredth of one dollar ($0.01) per share, of CareFusion (the "CareFusion Common Stock" ), on the basis of one-half (1/2) share of CareFusion Common Stock for every one (1) Cardinal Health Common Share (the "Distribution"); WHEREAS, Cardinal Health and CareFusion have prepared, and CareFusion has filed with the SEC, the Form 10, which includes the Information Statement, and which sets forth disclosure concerning CareFusion and the Distribution; WHEREAS, in connection with the Distribution, Cardinal Health has entered into the Cardinal Health Credit Facility Amendment; WHEREAS, for U.S. federal income tax purposes, certain steps of the Reorganization and the Distribution are intended to qualify for tax-free treatment under Sections 332, 351, 355, 361(c), 368(a) and related provisions of the Code; WHEREAS, Cardinal Health has received a private letter ruling from the IRS to the effect that, among other things, (i) certain steps of the Reorganization and the Distribution, taken together, qualify as a transaction (a) that is described in Sections 355(a) and 368(a)(1)(D) of the Code, (b) in which the CareFusion Common Stock distributed is "qualified property" under Section 361(c) of the Code and (c) in which the holders of Cardinal Health Common Shares recognize no income or gain for U.S. federal income tax purposes under Section 355 of the Code, (ii) the CareFusion Cash Distribution qualifies as money transferred to Cardinal Health ERROR! NO PROPERTY NAME SUPPLIED. ® creditors under Section 361(b) of the Code and (iii) certain other steps of the Plan of Reorganization qualify as transactions that are described in Sections 355(a) and 368(a)(1)(D) of the Code (the "Private Letter Rulin¢"); WHEREAS, this Agreement is intended to be a "plan of reorganization" within the meaning of Treas. Reg. 1.368-2(g); and WHEREAS, it is appropriate and desirable to set forth the principal corporate transactions required to effect the Reorganization and the Distribution and to set forth certain other agreements that will, following the Distribution, govern certain matters relating to the Reorganization and the Distribution and the relationship of Cardinal Health, CareFusion and their respective Subsidiaries. NOW, THEREFORE, in consideration of the premises and the representations, warranties, covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Certain Definitions. For purposes of this Agreement, the following terns shall have the meanings specified in this Section 1.1: "Action' means any demand, action, claim, dispute, suit, countersuit, arbitration, inquiry, subpoena, proceeding or investigation of any nature (whether criminal, civil, legislative, administrative, regulatory, prosecutorial or otherwise) by or before any federal, state, local, foreign or international Governmental Authority or any arbitration or mediation tribunal. "Affiliate" (including, with a correlative meaning, "affiliated") means, when used with respect to a specified Person, a Person that directly or indirectly, through one (1) or more intermediaries, controls, is controlled by or is under common control with such specified Person. For the purpose of this definition, "control' (including with correlative meanings, "controlled by" and "under common control with"), when used with respect to any specified Person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities or other interests, by contract, agreement, obligation, indenture, instrument, lease, promise, arrangement, release, warranty, commitment, undertaking or otherwise. It is expressly agreed that, from and after the Effective Time and for purposes of this Agreement and the other Transaction Documents, no member of the CareFusion Group shall be deemed to be an Affiliate of any member of the Cardinal Health Group, and no member of the Cardinal Health Group shall be deemed to be an Affiliate of any member of the CareFusion Group. "Approvals or Notifications" means any consents, waivers, approvals, permits or authorizations to be obtained from, notices, registrations or reports to be submitted to, or other filings to be made with, any third Person, including any Governmental Authority. ERROR: NO PROPER IN NAME SUPPLIED. 0 ARTICLE 11 THE REORGANIZATION 2.1 Transfer of Assets; Assumption of Liabilities. (a) Prior to the Distribution, in accordance with the plan and structure set forth on Schedule 2.1(a) (such plan and structure being referred to herein as the "Plan of Reorganization") and to the extent not previously effected pursuant to the steps of the Plan of Reorganization that have been completed prior to the date hereof: (i) Cardinal Health shall, and shall cause its applicable Subsidiaries to, assign, transfer, convey and deliver to CareFusion or certain of CareFusion's Subsidiaries designated by CareFusion, and CareFusion or such Subsidiaries shall accept from Cardinal Health and its applicable Subsidiaries, all of Cardinal Health's and such Subsidiaries' respective direct or indirect right, title and interest in and to all CareFusion Assets; (ii) subject to Section 2.5(c), CareFusion and certain of its Subsidiaries designated by CareFusion shall accept, assume and agree faithfully to perform, discharge and fulfill all the CareFusion Liabilities in accordance with their respective terns. CareFusion and such Subsidiaries shall be responsible for all CareFusion Liabilities, regardless of when or where such CareFusion Liabilities arose or arise, or whether the facts on which they are based occurred prior to or subsequent to the Distribution Date, regardless of where or against whom such CareFusion Liabilities are asserted or determined (including any CareFusion Liabilities arising out of claims made by Cardinal Health's or CareFusion's respective directors, officers, employees, agents, Subsidiaries or Affiliates against any member of the Cardinal Health Group or the CareFusion Group) or whether asserted or determined prior to the date hereof, and, except as set forth in Section 2.3(b)(vi), regardless of whether arising from or alleged to arise from negligence, recklessness, violation of Law, fraud or misrepresentation by any member of the Cardinal Health Group or the CareFusion Group, or any of their respective directors, officers, employees, agents, Subsidiaries or Affiliates; (iii) Cardinal Health shall cause its applicable Subsidiaries to assign, transfer, convey and deliver to certain of its other Subsidiaries designated by Cardinal Health, and such other Subsidiaries shall accept from such applicable Subsidiaries, such applicable Subsidiaries' respective right, title and interest in and to any Excluded Assets specified by Cardinal Health to be so assigned, transferred, conveyed and delivered; and (iv) Cardinal Health and certain of its Subsidiaries designated by Cardinal Health shall accept and assume from certain of its other Subsidiaries designated by Cardinal Health and agree faithfully to perform, discharge and fulfill certain Excluded Liabilities of such other Subsidiaries specified by Cardinal Health, and Cardinal Health and its applicable Subsidiaries shall be responsible for all Excluded Liabilities, regardless of when or where such Excluded Liabilities arose or arise, or whether the facts on which they are based occurred prior to or subsequent to the Distribution Date, regardless of where or against whom such Excluded Liabilities are asserted or determined (including any such Excluded Liabilities • arising out of claims made by Cardinal Health's or CareFusion's respective directors, officers, ERROR! NO PROPERTY NATIE SUPPLIED. 14 ® employees, agents, Subsidiaries or Affiliates against any member of the Cardinal Health Group or the CareFusion Group) or whether asserted or determined prior to the date hereof, and regardless of whether arising from or alleged to arise from negligence, recklessness, violation of Law, fraud or misrepresentation by any member of the Cardinal Health Group or the CareFusion Group, or any of their respective directors, officers, employees, agents, Subsidiaries or Affiliates. (b) In furtherance of the assignment, transfer, conveyance and delivery of the CareFusion Assets and the assumption of the CareFusion Liabilities in accordance with Sections 2.1(a)(i) and 2. I a ii , on the date that such CareFusion Assets are assigned, transferred, conveyed or delivered or such CareFusion Liabilities are assumed (i) Cardinal Health shall execute and deliver, and shall cause its Subsidiaries to execute and deliver, such bills of sale, quitclaim deeds, stock powers, certificates of title, assignments of contracts and other instruments of transfer, conveyance and assignment as and to the extent necessary to evidence the transfer, conveyance and assignment of all of Cardinal Health's and its . Subsidiaries' (other than CareFusion and its Subsidiaries) right, title and interest in and to the CareFusion Assets to CareFusion and its Subsidiaries, and (ii) CareFusion shall execute and deliver, and shall cause its Subsidiaries to execute and deliver, such assumptions of contracts and other instruments of assumption as and to the extent necessary to evidence the valid and effective assumption of the CareFusion Liabilities by CareFusion and its Subsidiaries. All of the foregoing documents contemplated by this Section 2.1(b) shall be referred to collectively herein as the "Cardinal Health Transfer Documents." (c) If at any time or from time to time (whether prior to or after the Effective Time), any party hereto (or any member of such party's respective Group), shall receive or otherwise possess any Asset or Liability (including any Intellectual Property or Technology) that is allocated to any other Person pursuant to this Agreement or any other Transaction Document, such party shall promptly transfer, or cause to be transferred, such Asset or Liability, as the case may be, to the Person entitled to such Asset or responsible for such Liability, as the case may be. Prior to any such transfer, the Person receiving, possessing or responsible for such Asset or Liability shall be deemed to be holding such Asset or Liability, as the case may be, in trust for any such other Person. (d) CareFusion hereby waives compliance by each and every member of the Cardinal Health Group with the requirements and provisions of any "bulk -sale" or "bulk - transfer" Laws of any jurisdiction that may otherwise be applicable with respect to the transfer or sale of any or all of the CareFusion Assets to any member of the CareFusion Group. (e) Cardinal Health hereby waives compliance by each and every member of the CareFusion Group with the requirements and provisions of any "bulk -sale" or "bulk -transfer' Laws of any jurisdiction that may otherwise be applicable with respect to the transfer or sale of any or all of the Excluded Assets to any member of the Cardinal Health Group. 2.2 CareFusion Assets. (a) For purposes of this Agreement, "CareFusion Assets" shall mean (without duplication): ERROR! NO PROPERTY NAME SUPPLIED. 15 ® 8.1 1 Specific Performance. Subject to the provisions of Article VII, in the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Agreement, the Employee Matters Agreement or any of the Intellectual Property Agreements, the party or parties who are or are to be thereby aggrieved shall have the right to specific performance and injunctive or other equitable relief (on an interim or permanent basis) of its rights under this Agreement, the Employee Matters Agreement or any of the Intellectual Property Agreements, in addition to any and all other rights and remedies at law or in equity, and all such rights and remedies shall be cumulative. The parties agree that the remedies at law for any breach or threatened breach, including monetary damages, may be inadequate compensation for any loss and that any defense in any action for specific performance that a remedy at law would be adequate is waived. Any requirements for the securing or posting of any bond with such remedy are waived by each of the parties to this Agreement. 8.12 Amendment. No provision of this Agreement may be amended or modified except by a written instrument signed by all the parties to this Agreement. No waiver by any party of any provision of this Agreement shall be effective unless explicitly set forth in writing and executed by the party so waiving. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent breach. 8.13 Rules of Construction. Interpretation of this Agreement shall be governed by the following rules of construction: (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context • requires, (ii) references to the terms Article, Section, paragraph, clause, Exhibit and Schedule are references to the Articles, Sections, paragraphs, clauses, Exhibits and Schedules of this Agreement unless otherwise specified, (iii) the terms "hereof," "herein," `hereby," "hereto," and derivative or similar words refer to this entire Agreement, including the Schedules and Exhibits hereto, (iv) references to "$" shall mean U.S. dollars, (v) the word "including" and words of similar import when used in this Agreement shall mean "including without limitation," unless otherwise specified, (vi) the word "or" shall not be exclusive, (vii) references to "written' or "in writing" include in electronic form, (viii) unless the context requires otherwise, references to "party" shall mean Cardinal Health or CareFusion, as appropriate, and references to "parties" shall mean Cardinal Health and CareFusion, (ix) provisions shall apply, when appropriate, to successive events and transactions, (x) the table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement, (xi) Cardinal Health and CareFusion have each participated in the negotiation and drafting of this Agreement and if an ambiguity or question of interpretation' should arise, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or burdening either party by virtue of the authorship of any of the provisions in this Agreement or any interim drafts of this Agreement, and (xii) a reference to any Person includes such Person's successors and permitted assigns. 8.14 Counterparts. This Agreement may be executed in one (1) or more counterparts, and by the different parties to each such agreement 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 agreement. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or portable document format (PDF) shall be as effective as delivery of a • manually executed counterpart of any such Agreement. ERROR! NO PROPERTY NAME SUPPLIED. 67 © [The remainder of this page is intentionally left blank.] • ERROR! NO PROPERTY NAME SUPPLIED. 68 II • II1 WITNESS WHEREOF, the pvtos heacto have caused this Agcerucnt to be =ruted on the date first written above by their respective duly authorized officers, CARDINAL REALM, )N By: -- Name: George S. Barrett Title: Vice Chairman and Chief Exocutive OCCtcec, Hcalthcnc Supply Chaia Services CARPTIMON CORPORATION By: Name: David I.. Schlottcrbork Title: Chaimian and Chief Executive Officer S?jMONN?-Vr*SeylnnonA I« Q.r 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first written above by their respective duly authorized officers. • CARDINAL HEALTH, INC. M Name: George S. Barrett Title: Vice Chairman and Chief Executive Officer, Healthcare Supply Chain Services CAREFUSION CORPORATION /Name: David L. Schlotterbeck Title: Chairman and Chief Executive Officer ftiw— PMe!oSga-jt%pn Agr —em \09 CareFusion 1515IVAC Way Creedmoor, NC. 27522 (919) 528-5200 March 16, 2010 Division of Water Quality Attention: Sarah Young Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699 Dear Sarah Younq, As of September 1, 2009, the Cardinal Health, Inc., facility located at 1515 IVAC Way, Creedmoor, NC., 27522 transferred operational control to CareFusion Manufacturing, LLC, a separate legal entity. Enclosed, please find the required form to transfer the North Carolina Department of Environment and Natural Resources conditional no -exposure exclusion NPDES permit currently held by Cardinal Health, Inc., Permit No. NCS026824 to CareFusion Manufacturing, LLC. CareFusion Manufacturinq, LLC certifies there are no operational changes that warrant a permit modification. Please contact me if you have question relatinq to this permit transfer request. I have also enclosed a copy of the separation agreement between Cardinal Health, Inc., and CareFusion Manufacturinq_, LLC. Thank you for your assistance. Sincerely, �' �lZ� Joseph Perry Facilities Supervisor CareFusion 1515IVAC Way Creedmoor, NC. 27522 919-528-5314 Enclosure 1�kvl MAR 2 i 9010 DENR WA7FH'L]71AUTY We'Janda & Skxnmatar Branch Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, 1'. H. Director Division of Water Quality Coleen 11. Sullins, Deputy Director Division of Water Quality April 20, 2005 Robert Suka Alaris Medical Systems Inc 1515 Ivac Way Creedmoor. NC 27522-8113 Subject: No Exposure Certification NCGNE0054 Alaris Medical Systems Inc - 515 Ivac Way Granville County Dear Permittee: The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on May 18, 2004. We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. Based on your submittal and signed certification of no exposure at the above referenced facility the Division is granting your certification as provided for under 40 CFR 126.22(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. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no -exposure exclusion expires in five years (April 30, 2010). At that time you must re -certify with the Division, or obtain NPDES'permit coverage for any stormwater discharges from your facility. Your certification of no exposure 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 Jonathan Diggs at (919) 733-5083 ext. 537, or at jonathan.diggs@ncmail.net. Sincerely, for Alan W. Klimek, P.E. cc: Raleigh Regional Office Central Files —w/attachments Slormwater Permitting Unit Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-I617 (919) 733-7015 ASA NCDENR Customer Service 1-877-623-6748 ATF Michael F. Easley, Govemor William G. Ross Jr., Secretary �1`90 G North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P. E. Director -..( Division of Water Quality Coleen 11. Sullins, Deputy Director Division of Water Quality April 20, 2005 Robert Suka Alaris Medical Systems Inc 1515 Ivac Way Creedmoor. NC 27522-8113 Subject: No Exposure Certification NCGNE0054 Alaris Medical Systems Inc - 515 Ivac Way Granville County Dear Permittee: The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on May 18, 2004. We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. Based on your submittal and signed certification of no exposure at the above referenced facility the Division is granting your certification as provided for under 40 CFR 126.22(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. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no -exposure exclusion expires in five years (April 30, 2010). At that time you must re -certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your certification of no exposure 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 Jonathan Diggs at (919) 733-5083 ext.' 537, or at jonathan.diggs@ncmail.net. Sincerely, for Alan W. Klimek. P.E. cc: Raleigh Regional Office Central Files — w/attachments Stormwater Permitting Unit Files N. C. Division of Water Quality 1617 Mail Service Center Raleigh, Nonh Carolina 27699-1617 (919) 733-7015 dMy AW NCDENR Customer Service 1-877-623-6748 NPDES rA United States Environmental Protection Agency Form �W. EPA Washington, DC 20460 OMB No.: FORM `�' 3510-11 NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity Identified in Section A does not require permit authorization for Its storm water discharges associated with Industrial activity in the Stale identified in Section B under EPA's Storm Water Multi -Sector General Permit due to the existence of a wridlUon of no exposure. A condition of no exposure exists at an Industrial facility when all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmell, and/or runoff. Industrial materials or activities Include, but are not limited to, material handling equipment or activities, Industrial machinery, raw materials. Intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. 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 without operational taps or valves; — adequately maintained vehicles used in material handling; and — final Products, other than products that would be mobilized in stone water discharges (e.g., rock salt). A No Exposure Certiflcalion 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, the entity In Section A is certifying that a condition of no exposure exists at Its facilior site, and is obligated to comply with the forms and conditions of 40 CFR 122.26(g). ty ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed Instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4. A. Facility Operator Information 1. Name: 161LARIIISI ImjjrQITICIAILI j!;jY15IrIcIr4I5I IjINIrI,2.Phone: dil i916iliRlSi21ol01 3. Mailing Address: a.Streol:LI6115I ll-IYIAICI IHAlyl I I I I I I I I 1 I I I 1 1 1 I 1 1 1 4 Gty: ICIQICIE0)IMI0IOIQI I I I I I I 1 1 1 I1 1 I c.State: INICI d.Zip Code: 1217I.5-12121—I II it 131 B. FacllltylSlte Location Information 1. Facility Name: IRILA21IIS1 Ira CiASigAi Ll J50h5iTIEIMISi Tnfr 11 2. a. Street Address: 1_I 1 5I III Y AI LI N jAI YI I I I 1 1 1 1 b. City: h..AICIEllilmlo l dial 1 'I I I I I I I I I I I I I c.Counly: IVI&IAINIV1.TILILICI I d. State: V C-1 o. zip Code: I Zf716*I 2121-1 & I f I 1 131 3. Is the facility located on Indian Lands? Yes ❑ No 4. Is this a Federal facility? Yes ❑ No CK 5. a. Latitude: O {pl " L=Lfy ' LU " b. Longitude: 6. a. Was the facility or site previously covered under an NODES storm water permit? Yes ❑ No 1 b. If yes, enter NPDES permit number: A 7. SIC/Activity Codes: Primary: 3 91 L111 f Secondar y (if applicable): 8. Total size of site associated with industrial activity: 39 , 6 ,s acres 9. a. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? Yes ❑ No b. If yes, please Indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure exclusion. However, your permitting authority may use this Information In considering whether storm water discharges from your site am likely to have an advorse impact on water quality in which use you could be required to obtain permit coverage. Less than one acre ❑ One to five acres ❑ Moro than five acres EPA Form 3510-11 (10.99) Page 1 of 4 NPDES A FORM -EPA NO EXPOSURE CERTIFICATION for Exclusion from Form Approved 1 NPDES Storm Water Permitting OMB No. 2040-0211 C. Exposure Checklist Are any of the following materials or activities exposed to preclpltallon, now or in the foreseeable future? (Please check either "Yes" or'No' In the appropriate box.) If you answer "Yes,, to any of these questions (1) through 01), you are not eligible for the no exposure exclusion. 1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning Industrial machinery or equipment Yes El No D9 remain and are exposed to storm water 2. Materials or residuals on the ground or in storm water inlets from spills/leaks EJ 3. Materials or products from past Industrial activity O 4. Material handling equipment (except adequately maintained vehicles) ❑ Ip�I 5. Materials or products during loading/unloading or transporling activities ❑ 14 6. Materials or products stored outdoors (except final products Intended for outside use [e.g., new cars) where exposure to storm water does not result in the discharge of pollutants) El IR 7. Materials contained In open, deteriorated or leaking storage drums, barrels, tanks, and similar containers ❑ B. Materials or products handled/stored on roads or railways owned or maintained by the discharger ❑ 9. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters)) El 10, Application or disposal of process wastewater (unless otherwise permitted) 11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated (i.e., under an air quality control permit) and evident in the storm water outflow D. Certification Statement I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of exposure' and obtaining an exclusion from NPDES storm water permitting. 1 certify under penalty of few that there am no discharges of storm water 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)). 1 understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must allow the NPDES permitting authority, 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. 1 understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water 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 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. Print Name: Print Title: L51KI 101914.IRIArrll Io INIS I IM141NIAIGIEIRI Signature: 7�kyXyk� \,.ern Date: IC214 It 13 16 I LI � EPA Form 3510-11 (10-99) Page 2 of 4 NPDE FORM Instructions for the NO EXPOSURE CERTIFICATION for 35jp jj OEM Form Approved Exclusion from NPDES Storm Water Permitting OMB No. 2040-0211 Who May File a No Exposure certification Section B. Facility/Site Location Information Federal law at 40 CFR Part 122.26 prohibits point source discharges of storm water associated with Industrial activity to waters of the U.S. without a National Pollutant Discharge Elimination System (NPDES) permit. However, NPDES permit coverage is not required for discharges of storm water associated with industrial activities identified at 40 CFR 122.26(b)(14)(I)- fix) and (xi) If the discharger can certify that a condition of "no exposure" exists at the industrial facility or site. Storm water discharges from construction activities Identified in 40 CFR 122.26(b)(14)(x) and (b)(15) are not eligible for the no exposure exclusion. Obtaining and Maintaining the No Exposure Exclusion This form Is used to certify that a condition of no exposure exists at the industrial facility or site described herein. This certification is only applicable in jurisdictions where EPA Is the NPDES permitting authority and must be re -submitted at least once every five years. The Industrial facility operator must maintain a condition of no exposure at Its facility or site In order for the no exposure exclusion to remain applicable. If conditions change resulting in the exposure of materials and activities to storm water, the facility operator must obtain coverage under an NPDES storm water permit immediately. Where to File the No Exposure Certification Form Mail the completed no exposure certification form to: Storm Water No Exposure Certification (4203) USEPA 401 M Street, SW Washington, D.C. 20460 Completing the Form You must type or print, using uppercase letters, in appropriate areas only, Enter only one character per space (Le., between the marks). Abbreviate If necessary to stay within the number of characters allowed for each Item. Use ono space for breaks between words. One form must be completed for each facility or site for which you are seeking to certify a condition of no exposure. Additional guidance on completing this form can be accessed through EPA's web site at www.epa.gov/owm/sw. Please make sure you have addressed all applicable questions and have made a photocopy for your records before sending the completed form to the above address. Section A. Facility Operator Information 1. Provide the legal name of the person, firm, public organization, or any other endly that operates the facility Walla described in this certification. The name of the operator may or may not be the same as the name of the facility. The operator is the legal entity that controls the facility's operation, rather than the plant or site manager. 2. Provide the telephone number of the facility, operator. 3. Provide the mailing address of the operator (P.O. Box numbers may be used). Include the city, stale, and zip code. All correspondence will be sent to this address. EPA Form 3510-11(10-99) 1. Enter the official or legal name of the facility or site. 2. Enter the complete street address (if no street address exists, provide a geographic description (e.g., Intersection of Routes 9 and 55)), city, county, stale, and zip code. Do not use a P.O. Box number. 3. Indicate whether the facility Is located on Indian Lands. 4. Indicate whether the industrial facility Is operated by a department or agency of the Federal Government (see also Section 313 of the Clean Water Act). 5. Enter the latitude and longitude of the approximate center of the facility or site in degreos/minutes/seconds. Latitude and longitude can be obtained from United States Geological Survey (USGS) quadrangle or topographic maps, by calling 1 {888) ASK-USGS, or by accessing EPA's web she at http://www.epa.eov/owm/sw/Industry/index htm and selecting Latitude and Longitude Finders under the Resources/Pormh section. Latitude and longitude for a facility in decimal form must be converted to degrees I'), minutes ('), and seconds (") for proper entry on the certification form. To convert decimal latitude or longitude to degrees/minutes/seconds, follow Oro steps in the following example. Example: Convert decimal latitude 45.1234567 to degrees (°), minutes ('), and seconds ("). a) The numbers to the left of the decimal point are the degrees: 45-. b) To obtain minutes, multiply the first four numbers to the right of the decimal point by 0.006: 1234 x 0.006 = 7.404. c) The numbers to the left of the decimal point In the resull obtained in (b) are the minutes: 7'... .. .... .. - d) To obtain seconds, multiply the remaining three numbers to the right of the decimal from the result obtained in (b) by 0.06: 404 x 0.06 = 24.24. Since the numbers to the right of the decimal point are not used, the result Is 24". e) The conversion for 45.1234567 = 45° 7' 24". 6. Indicate whether the facility was previously covered under an NPDES storm water permit. If so, Include the permit number. 7. Enter the 4-digit SIC code which identifies the facility's primary activity, and second 4-digit SIC code Identifying the facility's secondary activity. If applicable. SIC codes can be obtained from the Standard Industrial Classification Manua_ 1, 1987 8. Enter the total size of the site associated with industrial activity In acres. Acreage may he determined by dividing square footage by 43.560, as demonstrated in the following example. Example: Convert 54,450 112 to acres Divide 54,450 ft2 by 43,560 square feet per aae: 54,450 ft2 - 43.560 ft2/acre = 1.25 acres. 9. Check 'Yes" or'No- as appropriate to indicate whether you have paved or roofed over a formerly exposed, pervious area (i.e., lawn, meadow, dirt or gravel road/parking lot) in order to qualify for no exposure. If yes, also Indicate approximately how much area was paved or roofed over and Is now Impervious area. Page 3 of 4 510„ I EPA FORM Section C. Exposure Checklist Instructions for the NO EXPOSURE CERTIFICATION for Form Approved Exclusion from NPDES Storm Water Permitting OMB No. 2040-0211 Check *Yes" or `No' as appropriate to describe the exposure conditions at your facility. If you answer "Yes" to ANY of the questions (1) through (11) in this section, a potential for exposure exists at your site and you cannot certify to a condition of no exposure. You must obtain (or already have) coverage under an NPDES storm water permit. After obtaining permit coverage, you can Institute modifications to eliminate the potential for a discharge of storm water exposed to industrial activity, and then certify to a condition of no exposure. Section D. Certification Statement Federal statutes provide for severe penalties for submitting false Information on this application form. Federal regulations require this application to be signed as follows: For a corporation: by a responsible corporate officer, which means (t) president, secretary, treasurer, or vice-president of the corporation In charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or Operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility Including having the explicit or Implicit duty of making major capital Investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where EPA Form 3510-11 (10-99) authority to sign documents has boon assigned or delegated to the manager In accordance with corporate procedures; For a partnership or sole proprietorship: by a general partner or the proprietor; or For a municipal, Slate, Federal, or other public facility: by either a principal executive or ranking elected official. Paperwork Reduction Act Notice Public reporting burden for this certification Is estimated to average 1.0 hour per certification, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose to provide Information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, Install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining Information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the Information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments regarding the burden estimate, any other aspect of the collection of information, or suggestions for Improving this form, Including any suggestions which may Increase or reduce this burden to: Director, OPPE Regulatory Information Division (2137), USEPA, 401 M Street, SW, Washington, D.C. 20460, Include the OMB control number of this form on any correspondence. Do not send the completed No Exposure Certification form to this address. Page 4 of 4 ALARIS I7 (:DICAL SYSTEMS May 11, 2004 Medication Safety Ft the Point of Care' ALARIS Medical Systems, Inc. 1515 IVAC Way Creedmoor, NC 27522 (919)528-5200 Fax (919) 528-5237 Via UPS North Carolina Department of Environment and Natural Division of Water Quality - Storm Water Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: NPDES Form 3510-11/No Exposure Certification Dear Sir or Madam: )A g 2004 I DENR-`NATERpUALITY pptNT SOURCE. BRANCH Enclosed please find a completed NPDES Form 3510-11/No Exposure Certification for Exclusion from NPDES Storm Water Permitting on behalf of ALARIS Medical Systems, Inc. Pursuant to Federal Regulation 40 CFR 122.26(b) (14) (xi), ALARIS Medical Systems, Inc. certifies that a condition of no exposure exists at our Creedmoor, North Carolina facility. Should you have any questions, please contact me. Sincerely, David Strickland Senior Quality Supervisor Phone (919) 528-5308