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HomeMy WebLinkAboutNCGNE0133_COMPLETE FILE - HISTORICAL_20170213STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE U (3 3 DOC TYPE VHISTORICAL FILE DOC DATE ❑ a (W) V p�3 YYYYMMDD Energy, Mineral & Land Resources ENV IRON MENTAL OUALITY Mr. Miles Devaney Biogen 900 David Drive RTP, NC 27709 Dear Mr. Devaney: February 13, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Subject: Name/Ownership Change Request No Exposure Certification NCGNE0133 Biogen Formerly Eisai, Inc. Wake County The Division has reviewed your submittal of the permit name/ownership change form for the subject No -Exposure Certification. Division personnel have reviewed and approved your request to transfer the exclusion from NPDES stormwater permitting requirements. Please note that by our original acceptance of the No -Exposure Certification and by our approval of your request to transfer it, you are obligated to maintain no -exposure conditions at your facility. If conditions change such that your facility can no longer qualify for the 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 Lin -permitted discharge. Annual re -certification is required, and we have enclosed one blank Annual No Exposure Exclusion Self Re -Certification form for your use. 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 the Stormwater Permitting Program at (919) 707-9220. Sincerely, 9P_1P`M, far Tracy avi, Director Division of Energy, Mineral and Land cc: Raleigh Regional Office Stormwater Permitting Program Nothing Compares State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 276991612 919 707 9200 Wake.,-W Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting NCDEy® National P011utant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM �a I11`I FOR AGENCY USE O Date Received Year Month Day Please enter the permit number for which the change is requested. NPDES Permit (or) Certificateoi Coverage N C S Q N G G, /✓ O/ 3 Permit status prior to requested change. 1= Inc-, a. Pcrmit issued to (company name): 1 S�� 1 b. Person legally responsible for permit. �� es ; l¢s. First MI Las Sh'Lw" it I'ille -4t3c fiti-L"e permit Bolder Mailing Address g&le-tylt ,ue z?l✓fz City Stale Lip 814 ) 3s4 tss9 (14 ) 991-03/ phone Fax c. Facility name (discharge): L ( sc(-\ d. Facilityaddress: 9'00 Q0.VlS Qf IVL Address R� P NC 27709 City State Lip e. Facilitycontactperson: Ad,, 4, (,tl,i[� tip., (%[4 First / MI / Last phone III. Please provide the following for the requester change (revised permit). a. Request for change is a result of: Change in ownership of the facility ❑ Name change of the t:-lcility or owner if o7her please explain b. Permit issued to (company name): D t04eN c. Person legally responsible for permit: M J\ s flev - tl re.+ First MI Lasl Sehtoc D;rectuc , S�{-� p�eC�-}'�ov�s rice gt�t7 4JavlS Drive. Permit Holder Mailing Address �v� NC_ 2170% city State Zip (9/9) 993-12�0 f�tle5,�eVal, ed�bi%en-corn I'honc Email Address d. Facility name (discharge): B� o e N e. Facilityaddress: cfC�Q aV-tK 0c,we, ^ Addrrmc 61-1 1 / `� 2 70 2 city State %i , f. Facility contact person: �e'+ ( L N�O�� First Nil Last ( 9Vy ) M-6AL ez< p-('Me cy blto*en.et)m phone F-mail Address IV. Permit contact information (if (lilTerent from the person legally responsible for the permit) Revised Jan. 27. 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM. Page 2 of 2 Permit contact: �RNt'k" C _�Q 1 First MI last Sc, mo-,Aa ec E itic �i0o �clraiS D��y-�. Mailing Address Q.0 lUC 2 770 Cil Slnle Zip, (0) 03 -026 P�c.se*d) biNepl •ccpl I'hone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior tot Is ownership or name change? [v� Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL 13E 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 CFRTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. LAV=SZo 2olG SignaturC Date APPLICANT CERTIFICATION I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as'ncomplete. - 1 7 o tee ( 6 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stornwater permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 ASSIGNMFN1' AND ASSUMPTION AGREEMENT AND BILL OF SALE This Assignment and Assumption Agreement and Bill of Sale (this "Assignment y, Agreement") is entered into this 24th day of August, 2015, by. and between Eisai Inc., a Delaware corporation ("Eisai"), and Biogen U.S. Corporation, a Massachusetts corporation i. ("Biogen"). Eisai and Biogen are sometimes referred to herein individually as a "Party" and { I collective) as'the "Parties." y WHEREAS, Eisai and Biogen are parties to that certain' Purchase Agreement, dated as of j July 15, 2015 (the "Purchase Agreement"), pursuant to which, among other things, Eisai has I agreed to sell the Purchased Assets (as defined in the Purchase Agreement) and to transfer the Assumed Liabilities (as defined in the Purchase Agreement) to Biogen and Biogen has agreed to purchase the Purchased Assets and to assume the Assumed Liabilities from Eisai. ! I NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Assignment: Agreement, and for good and valuable consideration, the receipt and II sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: 1. Definitions. Unless otherwise defined herein, all capitalized terms used in this Assignment Agreement shall have the meanings set forth in the Purchase Agreement. 2. Conveyance and Acceptance. Upon the terms and subject to the conditions of the Purchase Agreement, Eisai hereby sells, transfers, conveys, assigns and delivers to Biogen, 12 and Biogen hereby purchases, accepts, and assumes from Eisai, all of Eisai's right, title, and i 13 interest in, to and under the Purchased Assets other than the Purchased Site (title to which is being conveyed by the Deed). 3. Assignment and Assumption. Upon the terms and subject to the conditions of the Purchase Agreement, Eisai hereby assigns to Biogen, and Biogen hereby assumes, and agrees 15 to pay, perform, discharge and otherwise satisfy promptly when due, the Assumed Liabilities. 1E 4. Delayed Assignment and Assumption. Notwithstanding anything to the contrary in this Assignment Agreement, no Assigned Contract identified on Exhibit A with an � 1 asterisk shall be sold, transferred, conveyed, assigned or delivered to Biogen (and the Assumed Liabilities thereunder shall not be assumed by Biogen) until Consent of the applicable Third 1 Party has been received by Eisai and provided to Biogen, at which point, without Farther action 's of the Parties, such Assigned Contract shall automatically be sold, transferred, conveyed, i I assigned and delivered to Biogen (and the Assumed Liabilities thereunder shall automatically be assumed by Biogen). I9 , 5. Purchase Agreement Controls. Notwithstanding any other provision of this Assignment Agreement to the contrary, nothing contained herein shall in any way supersede, modify, replace, amend, change, rescind, waive, exceed, expand, enlarge or in any way affect the Provisions, including warranties, covenants, agreements, conditions, representations or, in general, any of the rights and remedies, and any of the obligations, of the Parties set forth in the?, ice— r Purchase Agreement or any other Ancillary Agreement. This Assignment Agreement is subject d:4 to and controlled by the terms of the Purchase Agreement. 6. Miscellaneous: (a) Governing* Law.. This Assignment Agreement shall be governed by and construed in accordance with the Laws of the State of New York, excluding any conflicts or ' choice of Law rule or principle that might otherwise refer construction or interpretation of this 3 " Assignment Agreement to, the substantive Law of another jurisdiction., (b) Dispute Resolution. Any Dispute arising out of this Assignment Agreement shall be subject to resolution in accordance with Article l l of the Purchase Agreement. . 4 (c) Counterparts. This Assignment Agreeri 6nt may be executed in any number of counterparts, and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. Delivery of an executed counterpart of this Assignment Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually executed original counterpart of this Assignment Agreement. (d) Severability. If any term or provision of this Assignment Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Assignment Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any terra or provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Assignment Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. [Signature page follows] A WE IN WITNESS WHEREOF, the undersigned have duly executed this Assignment' Agreement, as of'the day and year first above written. Eisai Inc. Y e' By: t Name: Shawn Gallagher Title: Chief Supply Chain Officer tJ }' Y> Bingen U.S. Corporation Name: Title: t [Signanue Page to Assignment and Assumption Agreement and Bill of Salei 2 { L t IN WdT14ES9Wf EkCI6#, ilac undersigncd hav6 d'aly exeeiil'ecl.this Midnii!&At. AglcemenY„as ofthe dqY and year'F4rst abovewett4n; ltisai Tnc:. By: _ :Name: Title: T3iogeri Y7:4, C'Or•poratoir :. Name; John Cox Titie: Fxctutive Vice President; Pi=maccutical Operations & Technology [Signature Page to Assignment andAssumplionAgreement and Bill of Sole] t 21 December 2016 Laura Alexander NC DEQ, DEMLR 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Ownership Change Form: NCGNE0133 Dear Ms. Alexander, RECEIVED JAN 03 2017 DENR-LAND QUALITY .STORNIWATER PERN/lITTINC Per my email sent to you on 21 December 2016, please see attached original copies of the Ownership Change Form and accompanying Bill of Sale documentation for transferring the Certificate of Coverage for NCGNE0133 from Eisai to Biogen for the facility at 900 Davis Drive, RTP, NC 27709. Please do not hesitate to contact me with any questions and thank you for your time in processing this request. Sincerely, Ie/Peter Self, CSP Sr. Manager, EHS+S PO Box 13949, 900 Davis Drive, RTP, NC 27709 • Phone 919 993-6826 • www.biogen.com Michael F. Easley, Governor William G. Ross.lr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, 1'. E. Director Division of Water Quality Coleen II. Sullins, Deputy Director Division of Water Quality April 20, 2005 David Gouveia Eisai Inc PO Box 14505 Research Triangle Park, NC 27709 Subject: No Exposure Certification NCGNE0133 Eisai Inc - 900 Davis Dr Wake 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 August 25, 2003. 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, ^mull'-yvni' c - 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, North Carolina 27699-1617 (919) 733-7015 2o VA NCDENR Customer Service 1-877-623-6748 J O Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, 1'. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality April 20, 2005 David Gouveia Eisai Inc PO Box 14505 Research Triangle Park, NC 27709 Subject: No Exposure Certification NCGNE0133 Eisai Inc - 900 Davis Dr Wake 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 August 25, 2003. 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 or Water Quality l617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 +A NCDENR Customer Service 1-877-623-6748 Eisai Inc. 900 DAVIS DRIVE POST OFFICE BOX 14505 RESEARCH TRIANGLE PARK, INC 27709 PHONE. 919-941-6920 FAX. 919-941-6931 VIA CERTIFIED MAIL; RETURN RECEIPT REQUESTED August 18, 2003 Mr. Bradley Bennett Supervisor, Stormwater and General Permit Unit NCDENR/Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: No Exposure Certification for Eisai Inc., Research Triangle Park, NC Dear Mr. Bennett, Attached for your review is a "No Exposure Certification for Exclusion from NPDES Stormwater Permitting" for Eisai Inc. Eisai has not had any facility changes related to stormwater management since our last correspondence to your office, which occurred 4/17/02 (attached for your reference). If you require additional information please contact me at (919) 474-21 10 or Greg Baker, Eisai's Safety and Environmental Manager, at (919) 474-2183. and Environmental Safety Attachment -1 AUG 2 5 2003 L -I - EVER I M United States Environmental Protection A Form Approved Agency NPDES A Washington, DC 20460 g y OMB No. 2040-021 t FORM \�, EPA NO EXPOSURE CERTIFICATION for Exclusion from 3510-11 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 State identified inSectionB under EPA's Storm Water Multi -Sector General Permit due to the existence of a condition 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, snowmelt, 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 storm water discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only, not for individual oudalls. 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 facility or site, and is obligated to comply with the terms and conditions of 40 CFR 122.26(g). 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: I C�I t I SIAj 11 I r l N1 GI , I II I I I I I I I I I I I I I I 11 12. Phone: I4 11 19 141'11412.1( I Y I3 3. Mailing Address: a. Street: Ie 0l A01 )( I 11141510151 1 1 I I I I I I I I I I I 1 I I I I I I b.City: IRif:IS1EU4i21CIMI ITIfLII IMNIGILIEI IF114-111LIKI c.State: NjCJ d.Zip Code: 19.171710191-1 1 1 1 I B. Facility/Site Location Information t.FacilityName: 1E111SIA111 IfINICI• I I I I I I I I I I I I I I I I I I I I 2. a. Street Address: 1q,0101 I IA I V I I I.S I I DI AI f,l VI 2 I I I I I I I I I I b.Chy: 19IEISIIEIA•Ijt ICI4i ITIA.IiIAINI&LIEI IPAPIK1 I c.00unty: 17lUi RIHIAl1✓1 I I I d. State: N e� e. Zip Code: '11711 IOigf I — I I I I I 3. Is the facility located on Indian Lands? Yes ❑ Nog 4. Is this a Federal facility? Yes ❑ No D4 5. a. Latitude: 131,51 e 6jJ 13J 1j b. Longitude: I IT8 * 141 ( I IS 11 6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes'❑ No' 9 b. If yes, enter NPDES permit number:, , SIC/Activity Codes: Primary: 121813141 Secondary (if applicable): I I I 8. Total size of site associated with industrial activity: acres 9. a. Have you paved or roofed over a formerly exposed, pervious area in order to quality for the no exposure exclusiotn?-• • , ' Yes ❑ • No CK 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 are likely to have an adverse impact on water quality, in which case you could be required to obtain permit coverage. Less than one acre ❑ One to five acres ❑ More than five acres ❑ EPA Form 3510-11 (10-99) Pagel of 4 in NPDES NO EXPOSURE CERTIFICATION for from Form Approved FORM �_,EPq OMB No. 2040-0211 3510-11 NPDES Storm Water Permitting C. Exposure Checklist Are any of the following materials or activities exposed to precipitation, 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 (11), you are not eligible for the no exposure exclusion. Yes No 1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing El X or cleaning industrial machinery or equipment remain and are exposed to storm water 2. Materials or residuals on the ground or in storm water inlets from spills4eaks ❑ WS 3. Materials or products from past industrial activity K 4. Material handling equipment (except adequately maintained vehicles) ❑ 5. Materials or products during loading/unloading or transporting activities ❑ 571 6. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where ❑ X exposure to storm water does not result in the discharge of pollutants) 7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers El N 8. Materials or products handled/stored on roads or railways owned or maintained by the discharger El 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 El (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 "no exposure" and obtaining an exclusion from NPDES storm water permitting.i, I certify under penalty of law that there are 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 forrn 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, toperform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from the facility. - • 7 • 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 foreknowing violations. ri Print Name: L! AN ISII ILT101 UIV EI I I I I I I I I I I I I I I Y EPA Form 3510-11 (10-99) Page 2 of 4 900 DAMS DRIVE POST OFFICE BOX 14505 RESEARCH Eisai Inc. RESEARCH TRIANGLE PARK, NC 27709 PHONE: 919-941-6920 FAX:919-941-6931 Via Certified Mail; Return Receipt Requested April 17, 2002 NC Division of Water Quality Water Quality Section / Stormwater and General Permits Unit Attn: Bradley Bennett 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Category I I Exemption for: Eisai Inc. 900 Davis Drive P.O. Box 14505 Research Triangle Park, NC 27709 Dear Mr. Bennett, As you may recall from a previous discussion with Dr. Ron Venezia, Eisai's environmental consultant, Eisai (SIC code 2834, EPA ID# NCR 0000081S5) has installed a I0,000-gallon ethanol storage tank at the 900 Davis Drive, RTP site. We were previously instructed to complete the construction of the tank and then contact the Stormwater Unit for confirmation that our Category 1 I exemption has been maintained. Eisai believes that the installation and operation of this tank will not change the exemption status from stormwater permit coverage, as granted by your letter of 8/3/98 (attached). The 10,000-gallon tank is within a primary containment structure, capable of holding 20,000 gallons. The truck unloading area is on a containment pad and any spill would also drain into the containment structure. Any spillage would be removed and disposed of as hazardous waste. Stormwater removal from the containment structure is governed by procedures, which require that liquid be tested to verify that it is not contaminated. In addition, procedures require the stormwater drain valve to always be in the closed position and only opened for drainage when verified that it is not contaminated. Lastly, regular walkthrough inspections are performed at the storage tank location. Please provide us with written confirmation that we have maintained our Category 1 I exemption. In addition, we would be glad to assist your personnel in completing a site visit of this new installation if so required. If you need additional information or clarification, please contact me at (919) 474-2 110 or Greg Baker at (919) 474-2183. Director, Faclki f Engineering and Environmental Safety Attachment ' 900 DAVIS DRIVE POST OFFICE BOX E1S81 Inc. RESEARCH TRIANGLELE PARK, NO 27709 PHONE: 919-941-6920 FAX: 919-941-6931 Via Certified Mail; Return Receipt Requested April 17, 2002 NC Division of Water Quality Water Quality Section / Stornnvater and General Permits Unit Attn: Bradley Bennett 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Category 1 I Exemption for: Eisai Inc. 900 Davis Drive P.O. Box 14505 Research Triangle Park, NC 27709 Dear Mr. Bennett, APR 2 4 2002 1 I:F:IR - h:�.IER QUALITY Pl;,Si `O:inCE BRANCH As you may recall from a previous discussion with Dr. Ron Venezia, Eisai's environmental consultant, Eisai (SIC code 2834, EPA ID# NCR 000008185) has installed a 10 OOO-gallon ethanol garage tank at the 900 navic Drive RTP site. We were previously instructed to complete the construction of the tank and then contact the Stonnwater Unit for confirmation that our Category I I exemption has been maintained. Eisai believes that the installation and operation of this tank will not change the exemption status from stonnwater permit coverage, as granted by your letter of 8/3/98 (attached). The I0,000-gallon tank is , capable of holding 20,000 gallons. The truck unloading area is on a containment pad and any spill would also drain into the containment structure. Any spillage would be removed and disposed of as hazardous waste. Stormwater removal from the containment structure is governed by procedures, which require that liquid be tested to verify that it is not contaminated. In addition, pro s require the stormwater drain valve to always be in the closed position and only opened for drainage when verified that it is not contaminated. Lastly, regular walkthrough inspections are performed at the storage tank location. Please provide us with written confirmation that we have maintained our Cateaory I 1 exemption. In addition, we would be glad to assist your personnel in completing a site vis tt of this new installation if so required. If you need additional information or clarification, please contact me at (919) 474-2110 or Greg Baker at (919) 474-2183. Director, Fac)4tV Engineering and Environmental Safety Attachment State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director August 3,1998 Mr. Larry W. Kranking Eisai, Inc. P.O. Box 14505 Research Triangle Park, North Carolina 27709 Dear Mr. Kranking: E N T E R E D AUG 0 40 4 1998 /� •:' 1 NCDENR Subject: Category I Exemption Eisai, Inc. Durham County This correspondence is in response to your company's June 8, 1998 letter requesting exemption from stormwater permit coverage. Currently there are four ways to claim a stormwater permit exemption. They are 1) the industry is a category 11 facility and has eliminated all exposure, 2) the activity does not meet the "industrial" definition, 3) all stormwater from the facility drains into a detention pond that does not discharge during a 25 year / 24 hour storm event, or 4) there are no point source discharges for the entire facility. Because the standard industrial classification (SIC) code for your Research Triangle Park, N.C. facility is 2834, it falls into what the stormwater regulations describe as category 11. As a category 11 facility the site does not require a stormwater permit if all potential stormwater exposures have been eliminated. Based on a site visit by Mr. Darren England of our central office, it has been determined that your facility does not have any potential stormwater exposures at this time. Therefore, a stormwater permit is not required. If at any time your facility plans change so that you will no longer fall under any of the stormwater permit exemption categories, you must apply for and obtain a stormwater permit before making those changes. If you have any questions, please feel free to contact Darren England at (919) 733-5083, ext. 545. Sincerely, !�!�b�:2-�ennett Supervisor, Stormwater and General Permits Unit cc: Ronald A. Venezia, ScD Raleigh Regional Office Stormwatet and General Permits Unit Files P.O. Box 29535, Raleigh, North Carelhn FAX 919-733-9919 MEqual Opportunity Affirmative Act:;rEr,;:•.' t 9cn;c_..,i:c: tc4,. c,.I-ccnsumerpaper l State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Ms. Martha A. Matthews BIOGEN P.O. Box 14627 Research Triangle Park, North Carolina Dear Ms. Matthews: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES y September 19, 2000 0 27709-4627 d� Subject: Category 11 ExemptiopJ f C910GEN Wake County This correspondence is in response to your company's August 3, 2000 letter requesting continued category 1 I exemption from stormwater permit coverage. Based on telephone conversations with Darren England of our central office and a review of the submitted documentation, the Division agrees that proposed expansion will not change your exemption status. Therefore, your category I 1 exemption status is extended and a stormwater permit is not required at this time. If at any time your facility plans change so that you will no longer fall under any of the stormwater permit exemption categories, you must apply for and obtain a stormwater permit before making those changes. Please note that the EPA issued new rules (NPDES Phase II) in December of 1999 that effect the "conditional no exposure for industrial activity" provisions of the NPDES rules. Attached you will find a copy of the EPA factsheet that discusses the change. The changes does not effect your facilities eligibility for the exemption, but will require your facility to submit to the Division, once every 5 years, written certification that the your facility meets the definition of "no exposure". The Division is still developing the methodology for soliciting and receiving these written notifications. You will be notified when further action is required. If you have any questions, please feel free to contact Darren England at (919) 733-5083, ext. 545. Sincerely, VXiY�t ,� Bradley Bennett Supervisor, Stormwater and General Permits Unit cc: Raleigh Regional Office Stormwater and General Permits Unit Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5063 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper