HomeMy WebLinkAboutNCGNE0622_COMPLETE FILE - HISTORICAL_20190503STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
NCGNE U�a�
DOC TYPE
dHISTORICAL FILE
DOC DATE
❑ �_
YYYYMMDD
Division of Energy, Mineral, and Land Resources
j:.
,a
Land Quality Section / Stormwater Program
National Pollutant Discharge Elimination System (NPDES)
1'nergy. A4ineral&
PERMIT OWNER AFFILIATION DESIGNATION FORM
Lnnd Resomres
Eland YE soon es
(Individual Legally Responsible for Permit)
Use this form if there has been:
FOR AGENCY USIi ONLY
Date Received
Year
j Month
I Dav
NO CHANGE in facility ownership or facility name, but the individual
who is legally responsible for the permit has changed.
If the name of the facility has changed, or if the ownership of the facility has changed,
do NOT use this form. Instead, you must fill out a Name -Ownership Change Form
and submit the completed form with all required documentation.
What does "legally responsible individual' mean? RE(;FIVED
The person is either. MAY Q 3 2019 Q�I1hS
• the responsible corporate officer (for a corporation);
• the principle executive officer or ranking elected official (for a mungggpv�R(�d�cLal or other public
agency); STORMWATER PERMITTING
• the general partner or proprietor (for a partnership or sole proprietorship):
• or, the duly authorized representative of one of the above.
1) Enter the permit number for which this change in Legally Responsible Individual ("Owner Affiliation")
applies:
Individual Permit (o)) Certificate of Coverage
N 1, C. I S I I I N I C 'G I N I E 10 16 12 12
2) Facility Information:
Facility name: Fresenius Kabi USA, LLC
Company/Owner Organization: Fresenius Kabi USA, Inc.
Facility address: 5200 Corporate Parkway
Address
Wilson. NC 27893-9412
City state zip
To find the current legally responsible person associated With your permit, go to this website:
littp://deg. nc. gov/about/divisions/energy-mineral-I and-resources/energy-mineral-I and -perm its/stormwatcr_prop,rtmi
and run the Permit Contact Summary Report.
3) OLD OWNER AFFILIATION that should be removed:
Previous legally responsible individual: Andre Grebenstein
First MI Last
4) NEW OWNER AFFILIATION (legally responsible for the permit):
Person legally responsible for this permit:
Jeff Curl
First MI Last
Page I of 2
s WU-0WNERAFFIL23 Ma rch2017
NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form
(if no Facility Name/Ownership Change)
Plant Manager
Title
5200 Corporate Parkway
Mailing Address
Wilson NC 27893-9412
City state Zip
( 252 ) 281-9252 jeff.curl@fresenius-kabi.com
Telephone E-mail Address
( 252 ) 281-9398
Fax Number
5) Reason for this change:
❑✓ Employee or management change
A•resiilt of, ❑ Inappropriate or incorrect designation before
1,
❑ Other
If other plea'se exlilaih: '
The certification below must be completed and signed by the permit holder.
PERMITTEE CERTIFICATION:
1 Jeff Curl , attest that this application for this change in Owner Affiliation
(person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my
knowledge. I understand that if all required parts of this form are not completed, this change may not be
processed.
t& US %0-3
Signature Date
PLEASE SEND THE COMPLETED FORM TO:
DEMLR - Stormwater Program
Dept. of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
For more information or staff contacts, please call (919) 707-9220 or visit the website
at: http://deg.iic.gox,/about/divisions/energy-mineral-land-resources/storinwater
Page 2 of 2
S WU-OWNS RAP I' 11-23 Nia r2017
AlF� Division of Energy, Mineral & Land Resources
' Land Quality Section/Stormwater Permitting
NCDENR National Pollutant Discharge Elimination System
PERMIT NAME/OWNERSHIP CHANGE FORM
I. Please enter the permit number for which the change is requested.
FOR AGENCY USE ONLY
Date Received
Year
Month
Da
IN
NPDES Permit
(or) Certificate of Coverage
N G S O
N G G N E 0 6 2 2
II. Permit status prior to requested change.
a. Permit issued to (company name):
Fresenius Kabi USA, Inc
b. Person legally responsible for permit:
Tracy 1-lottovy
First MI Last
Director Of Operations
RECEIVED
"'`
5200 Corporate Parkway
JUL 3 n 2010
Permit Ilolder Mailing Address
Wilson NC 27893-9412
DENR-LAND QUALITY
City State rip
STORMWATER PERMITTING
(252) 281-9250 (252) 28 1-94 12
Phone Fax
c. Facilityname (discharge):
Fresenius Kabi USA LLC
d. Facility address:
5200 Corporate Parkway
Address
Wilson NC 27893-9412
City Statc Zip
e. Facility contact person:
Gregory M Mcguire (252) 281-9221
First / MI / Last ]'hone
Ill. 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: Name Change for Person Legally Responsible for the Permit
b. Permit issued to (company name):
Fresenius Kabi USA LLC
c. Person legally responsible for permit:
Andre Grebenstein
First MI Last
Plant Manager
Title
5200 Corporate Parkway
Permit Flolder Mailing Address
Wilson NC 27893-9412
City State Zip
(252)281-9252
Phone E-mail Address
d. Facility name (discharge):
ail dre. grebe nstein a,fresenius-kabi.com
c. Facility address:
5200 Corporate Parkway
Address
Wilson NC 27893-9412
City State Zip
f. Facility contact person:
Gregory M Mcguire
First NII Last
(252) 281-9221 greg.mcguire a fre se n i it s- ka b i. co in
Phone E-mail Address
Revised Jan. 27, 2014
NPDES 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: Gregory M Maguire
First MI Last
Eh&S Ma
Title
5200 Corporate Parkway
Mailing Address
Wilson NC 27893-9412
City State Zip
(252) 281-9221 greg.incguire(@,fresenius-kabi.coin
Phone L-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.
13ERMITTEE CERTIFICATION (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.
Signature Date
APPLICANT CERTIFICATION
1, Andre Grebenstein, 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 returi d- incomplete.
Siena re Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Revised Jan. 27, 2014
Energy, Mineral
and Land Resources
F.NVIRONMENTAL. QUALITY
Mr, Tracy 1-lottovy
Fresenius Kabi USA, LLC
5200 Corporate Parkway
Wilson, NC 27893
Dcar Mr. 1-lottovy:
P 90
PAT MCCRORY
rmernnt
DONALD R. VAN DER VAART
.Seu'ernrr
TRACY DAVIS
May 13, 2016
Subject: Name/Ownership Change Request
No Exposure Certification NCCNE0622
Fresenius Kabi USA, LLC
Formerly BD Rx, Inc.
Wilson 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 NPDIS stormwater permitting requirements.
Plcase 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
un-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.
Z
If you have any questions or need further information, please contact the Stormwatc17
Permitting Program at (919) 807-6300.
cc: Raleigh Regional Office
Stormwater Permitting Pile
0.
Sincerely, d
ORIGINAL SIGNED M
KEN PICKL T
for (racy I Davis, .F., CPM, Director
Division of Energy, Mineral and Lt`_nd
d
State of North Carolina I Environmental Quality I Energp, Mineral and Land Resources
1612 Mail Service Center 1512 North Salisbury Street l Rnlcigh, Nonh Carolina 27699.1612
919 707 9220 "r
ARA Division
of Water Quality /Surface Water Protection
NCDENRNational Pollutant Discharge Elimination System
a""`"°"'°"'"'ME`KT OF
cf PERMIT NAME/OWNERSHIP CHANGE FORM
Envinpnucrvr.wo Nmu
FOR AGENCY USE ONLY
Date Received
Year
Month
I Day
Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
N G S O Cj ,Cr, N I E T 0 1 6 1 2 1 2
Permit status prior to requested change.
a. Permit issued to (company name): Becton Dickinson Medical
b. Person legally responsible for permit: Tracy Hottovy
First MI Last
Director of Operations
Tide
5200 Corporate Parkway
Permit Holder Mailing Address
Wilson NC 27893
City State 'Zip
(252) 281-9200 (252) 281-9412
Phone Fax
c. Facility name (discharge):
BD Medical
d. Facility address:
5200 Corporate Parkway
Address
Wilson NC 27893
City State Zip
e. Facility contact person:
Gregory M McGuire (252) 281-9221
First / MI / Last Phonc
III. 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
!J'other please esplcrin: BD Rx Inc. is a wholly owned subsidiary of Becton, Dickinson & Co.
b. Permit issued to (company name): BD Rs Inc.
c. Person legally responsible for permit:
FF3�4eL013
d. 4-aci ify name (discharge):
e. Facility address:
f. Facility contact person:
First MI Last
Director
Title
5200 Corporate Parkway
Permit Holder Mailing Address
Wilson NC 27893
City State Zip
(252) 281-9200 Tracy houovy@bd.com
Phone E-mail Address
BD Rx Inc.
5200 Corporate Parkway
Address
Wilson NC 27893
City State Zip
Greeory M McGuire
First MI Last
(252) 281-9221 gmcguire@bd.com
Revised 2012Ap23
Phone E-mail Address
ti
NPDES 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: Gregory M McGuire
First MI Last
EHRS Coordinator, Engineering
Title
5200 Corporate Parkway
Mailing Address
Wilson NC 27893
City State Zip -
(252) 281-9221 gmcguire a brixom
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. Fora name change request, the signed
Applicant's Certification is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
1, Tracy Hottow, attest that this application for a name/ownership change has been reviewed and is
accurate and complete to the best of my knowledge. 1 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.
Signatly e
APPLICANT CERTIFICATION
07 Dec 2012
Date
1, Tracy Hottow, 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.
Signature
07 Dec 2012
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
6 ` /' �r
VIFJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 12, 2010
Mr. Greg McGuire
BD Medical
5200 Wilson Corporate Park
Wilson, NC 27893
Subject: No -Exposure Inspection for Potential
Certification NCGNE0622
BD Medical
Wilson County
Dear Mr. McGuire:
Dee Freeman
Secretary
Thank you for the thorough tour and detailed observations we made on 10/08/10 around the new BD
Medical plant. The facility is not yet in production and there are still a few contractors present with
equipment and storage facilities on the grounds. A separate chemical storage building has a poured
concrete foundation, but is not yet finished. For these reasons, no decision will be made at this time
regarding whether to issue a No Exposure certification for the facility.
There were topics we discussed for which you intend to take further action to assure No Exposure
conditions. See the attached inspection report Summary for these.
Please contact me for another inspection once the exterior is considered complete and production has
been underway for a at least a month.
If you have any questions or comments, please call or email me.
Sincerely,
Y1\ a 9
rIAisely
cc: Raleigh Regional Office files
Stormwater Permitting Unit No -Exposure Files
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service
Internet: w .ncwateroualitv.oro Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper nrOnehCarolina
N11tura!/y
Permit: NCGNE0622 Effective:
SOC: Effective:
County: Wilson
Region: Raleigh
Contact Person: Greg McGuire
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 10/08/2010
Primary Inspector: Myrl Nisely
Secondary Inspector(s):
Compliance Inspection Report
Expiration: Owner: Becton Dickinson Medical
Expiration: Facility: BD Medical
5200 Wilson Corporate Park
Title:
Entry Time: 09:35 AM
Wilson NC 27893
Phone: 252-991-1211
Certification:
Exit Time: 11:15 AM
Phone:
Phone: 919-791-4200
Reason for Inspection: Routine Inspection Type: Reconnaissance
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
0 Miscellaneous Questions
(See attachment summary)
Paget
r
Permit: NCGNE0622 Owner - Facility: Becton Dickinson Medical
Inspection Date: 10/08/2010 Inspection Type: Reconnaissance Reason for Visit: Routine
Inspection Summary:
This inspection was a follow-up to the one on 8/17/2009. It was anticipated that the facility would be completed and be in
pharmaceutical production. However, recent problems with water quality used in production are delaying startup, and the
construction of a separate chemical storage building is yet to be completed. About 50 contractors are still onsite with their
storage bins, etc., so no decision on the No Exposure request is being made at this time. Another inspection will be made
once all of the above "unfinished business" is cleared up and the site is in its final configuration.
Host Greg McGuire took copious notes on topics to be handled: the yard on the east side has at least three 4" PVC
vertical pipes open to rainwater. It is not clear what these do, and they will be removed if not serving clear purposes. If
they are to stay, they need to be capped, probably with a PVC screw -on lid.
The chemical storage building is served by a concrete ramp that has a significant watershed adding to the total surface.
We discussed spill response on that ramp (have a spill kit near by) and possible ways to handle rainwater at the toe of the
ramp. More engineering thought will be given to making sure the chemical storage area meets No Exposure expectations.
An inventory of 55 gallon drums, either empty or full but not partially full, will accumulate against the east wall of the
facility. Empties should have tightened bungs and be turned upside down to avoid storwmater accumulation around the
bung. This inventory needs to be controlled to minimize the number of drums. Plans are for carboys of glycols to be
stored inside the building.
Another site visit will be made next spring once all contractors have departed, the chemical building is in place, and the
factory is in production. Mr. McGuire will contact Myrl Nisely at that time.
Page: 2
Energy. Mineral
and Land Resources
ENVIRONMENTAL OIIALRV
Mr. Tracy I-Iottovy
Fresenius Kabi USA, LLC
5200 Corporate Parkway
Wilson, NC 27893
Dear Mr. Hottovy:
PAT MCCRORY
DONALD R. VAN DER VAART
Secrel rl
TRACY DAVIS
May 13, 2016 0
Subject: Name/Ownership Change Request
No Exposure Certification NCGNE0622
Fresenius Kabi USA, LLC
Formerly 13D Rx, Inc.
Wilson 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
un-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) 807-6300.
Sincerely,
X!��J /21z,
for Tracy E. Davis, P.E., CAM, Director
Division of Energy, Mineral and Land
cc: Raleigh Regional Office
Stormwater Permitting File
Seale of Noah Carolina) I Hrvirmmncnlal Qualily I Energy, Mineral and Land Resonrws
1612 Moil Service Center I ? 12 Nonh Sahsbury Slreel I Raleigh, North Carolina 27699-1612
919 707 9220 'r
Alexander, Laura
From: Bennett, Bradley
Sent: Monday, May 09, 2016 10:21 AM
To: Alexander, Laura
Subject: FW: NPDES No Exposure Permit #0622
Here is the final name for the owner/name change I just emailed about.
;77
Bradley Bennett
Stormwater Permitting Program Phone: (919) 807-6378
NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494
1612 Mail Service Center Email: bradley.ben nelt(rincdenr.gov
Raleigh, NC 27699-1612 Web: http://portal.ncdenr.org/web/Ir/storrnwater
Email correspondence to and from this address may be subject to public records laws
From: gregory.mcguire@fresenius-kabi.com [mailto:gregory.mcguire@fresenius-kabi.com]
Sent: Monday, May 09, 2016 10:18 AM
To: Bennett, Bradley <bradley, ben nett @ncdenr.gov>
Subject: NPDES No Exposure Permit #0622
Per your suggestion I am notifying you about the recent name change that occurred at our facility on May
2nd, 2016. Please be reminded that I originally submitted a Change of Ownership Request form on or
around 19 February 2016 to notify you of a site ownership change - BD Rx Inc. to Fresenius Kabi USA,
LLC. The interim name for our site during this transition was Fresenius Kabi Rx Inc.
I am notifying you again because the interim site name is changing from Fresenius_Kabi Rx to Fresenius
Kabi USA, LLC. So the owner: and operator of the site is nowlFresenius Kabi USA, LLC. Please notify me if
you have any questions.
Kind Regards,
Greg McGuire
EH&S Coordinator
NC®ENR
�a�a
Ery Nawti Rcxuacn
Division of Energy, Mineral & Land Resources
Land Quality Section/Stormwater Permitting
National Pollutant Discharge Elimination System
PERMIT NAME/OWNERSHIP CHANGE FORM
FOR AGENCY USE ONLY
Date Received
Year
Month
I Da
Please enter the permit number for which the change is requested.
NPDGS Permit (or) Certificate of Coverage
N C S 0
Permit status prior to requested change.
a. Permit issued to (company name):
b. Person legally responsible for permit:
c. Facility name (discharge):
d. Facility address:
N C G N
BD Rx Inc.
Tracy Nottovy
First MI Last
Director Of Operations
Title
5200 Corporate Parkway
Permit Bolder Mailing Address
Wilson NC 27893
City State "Gip
(252) 28 1-9250 (252)281-9412
Phone Fax
BD Rx Inc.
5200 Corporate Parkwav
Address
Wilson NC 27893
City State Zip
e. Facility contact person: Gregory M Mcguire (252) 281-9221
First / MI / Last Phone
III. 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
RECEIV'EL)
FEB 25 2016 ✓
DENR-LAND QUALITY
STORmWAl`ER PERIr1lVW
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
Fesbnius Kabi USA, Inc. ett)CAI
Tracy ' Nottovy
First Ml Last
Plant Mai
Title
5200 Corporate Parkway
Permit Holder Mailing Address
Wilson NC 27893
City State "Gip
(252) 281-9250 tracy.hottovv a,fresenius-kabi.cotn
Phone L- mail Address
Fresenius Kabi Rx. Inc.
5200 Corporate Parkway
Address
Wilson NC 27893
City State 'Lip
Gregory M Mcguire
First MI Last
(252) 281-9221 gmcguire a,bd.com
46
Revised Jan. 27, 2014
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Phone E-mail Address
IV. Permit contact information (if different from the person legally responsible for the permit)
Permit contact: Gregory Mcguire
First MI Last
Eh&S Coordinator
Title
5200 Corporate Parkway
Mailing Address
Wilson NC 27893
City State "Lip
(252) 281-9221 gmcguire n,bd.com
Phone Email 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)
V I. Required Items: TI4IS 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):
1, Tracy Hottovy, 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.
ignature Date
APPLICANT CERTIFICATION
1, Tracy Hottovy, 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 regitired.`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.
S ignature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Revised Jan. 27, 2014
RC-
CErvE0
M R
STOCK AND ASSET PURCHASE AGREEMENT 03 2016
Sim€ U p? '� QUg11l),
THIS STOCK AND ASSET PURCHASE AGREEMENT (this "Agreement') is dated a"s14l3rjti,G
of December 30, 2015, by and between FRESENIUS KABI USA, INC., a Delaware corporation
("Purchaser"), and BECTON, DICKINSON AND COMPANY, a company incorporated in New
Jersey ("Seller"). The capitalized terms used in this Agreement are defined in Exhibit A hereto,
unless otherwise defined herein.
RECITALS
WHEREAS, Seller is the owner of all of the issued and outstanding shares of BD Rx Inc.,
a Delaware corporation ("Platform Sub");
WHEREAS, Seller and those Subsidiaries of Seller set forth on Schedule I hereto
(collectively, the "BD Subsidiaries" and, together with Seller, the "Sellin ,, P�") and Platform
Sub are engaged in, among other things, the Business; and
WHEREAS, Purchaser desires to purchase and acquire from the Selling Parties, and the
Selling Parties desire to sell and provide to Purchaser, all of the outstanding shares of Platform
Sub, and certain other assets and rights of the Selling Parties used in the Business, on the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
representations, warranties, covenants and promises contained herein, the adequacy and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1
Ti-IE TRANSACTION AGREEMENT
1.1 Purchased Assets. Subject to the terms and conditions of this Agreement, the
Selling Parties shall sell, transfer, convey, assign and deliver to Purchaser, and Purchaser shall
purchase and acquire from the Selling Parties, all of their respective right, title and interest in, to
and tinder the following (collectively, the "Purchased Assets"):
(a) Platform Sub. All of the outstanding capital stock of Platform Sub
(collectively, the "Platform Sub Shares"), which shall be acquired at the Closing by
Purchaser;
(b) Contracts. The Contracts identified on Schedule 1.1(b) and any other
Contracts exclusively related to the Business entered into by the Selling Parties prior to
the Closing in compliance with Section 6.1 (collectively, the "Assigned Contracts" and
together with the Pre -Closing Contributed Contracts and all Contracts to which Platform
Sub is a party as of the Closing, the "Seller Contracts");
(c) Intellectual Property. The Business Intellectual Property; and
53118669_30
SHARE TRANSFER FORM
AND STOCK POWER
January 7 , 2016
FOR VALUE RECEIVED, BECTON, DICKINSON AND COMPANY, a New Jersey
corporation (the "Assignor'), does hereby sell, assign and transfer unto FRESENIUS KABI
USA, INC., a Delaware corporation, one thousand (1,000) shares of common stock, par value ****
$0.001 per share, of BD RX, INC., a Delaware corporation (the "Company"), standing in the
name of the Assignor on the books of the Company represented by Certificate No. 2, and the
undersigned does hereby irrevocably constitute and appoint the secretary of the Company as
attorney to transfer the said stock on the books of the Company, with full power of substitution.
"Assignor"
BECTON, DICKINSON AND O PANY
By: �1C�Vv
Name: Thomas Polen
Title: Executive Vice President and
President, Medical Segment
Schedule 4.16(a)
Real Property
Real property located at 5200 Corporate Parkway, Wilson, North Carolina, owned by BID
Rx Inc. and acquired on August 7, 2013, as recorded in the Wilson County Registry,
Book 2544, page 678.
69
111 KABIENIUS
Fresenius Kabi USA, LLC
5200 Corporate Parkway
Wilson, North Caroline 27893
Skokie, Illinois 60077
T 252-281-9200
NCDEQ Division of Energy, Mineral & Land Resources
Stormwater Permitting Program
512 North Salisbury Street - Archdale Building
Raleigh, N.C. 27604
Attn: Bradley Bennet
SUBJECT: Change of Ownership Application for Certificate NCGNE0622
Dear Mr. Bennet;
Enclosed is a check for $2S.00 (Check #804515) made payable to the NCDENR (hope that is okay) and a
letter that was mailed out to all our business partners on January 8th alerting them of the transition from
BD Rx to Fresenius Kabi.
Sincerely,
Greg McGuire
EH&S Coordinator
MQjr 0 2 2016
KABIENIUS
'caring for life
January 8, 2016
Dear Valued Business Partner:
®BD
Helping all people
live healthy lives
We are pleased to announce that Fresenius Kabi USA has acquired the U.S. BD Rx
business from Becton Dickinson. This includes all prefilled injectables marketed under the
SimplistTm brand.
While we are announcing the completion of the transaction, there will be a transition
period to help ensure a seamless transition for you and our customers.
What does this mean to you?
At this time, it is business as usual and there will be no changes to the current processes
for issuance and acknowledgement of purchase orders, receipt of material and services,
and invoicing and accounts receivable processing.
Your contacts at BD Rx will remain the same, and, most important, we will remain
focused on producing and delivering the highest -quality products our customers have
come to expect from us.
Fresenius Kabi will continue to honor all existing orders and agreements with the
current terms and conditions unchanged.
At this time, there will be no changes to existing invoicing and shipping addresses
reflected on purchasing documents or payment terms, methods, tax ID or currency.
• We will communicate any future changes as they are introduced.
If you have any questions, please reach out to your current supplier -relations
representative. We look forward to working with you and appreciate your support during
the transition period.
Sincerely,
Scott Meacham
President, Pharmaceuticals
Fresenius Kabi USA
Eric Borin
President and CEO
BD Rx
4
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Greg McGuire
BD Medical
5200 Wilson Corporate Park
Wilson, NC 27893
Dear Mr. McGuire:
Division of Water Quality
Coleen H. Sullins
Director
May 6, 2011
Dee Freeman
Secretary
Subject: No Exposure Compliance Evaluation Inspection
Granting Certification No. NCGNE0622
BD Medical
Wilson County
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NI'DES
Stormwater Permitting form and made a site visit on May 4, 2011 to assess the potential for stormwater
pollution. The tour you provided of the recently completed facility was appreciated. Based on those
observations and your submittal and signed certification of no exposure at the above referenced facility, the
Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g),
which is incorporated by reference in North Carolina regulations.
Your facility was protective of stormwater quality. 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 unpermitted discharge subject to civil penalties of up to $25,000 per day. Your
conditional no exposure exclusion extends into the future without a need for renewal. However, the
Division can make unannounced random inspections to verify conditions, and will rescind this
certification if conditions warrant.
You are to make an annual verification that conditions continue to warrant this exemption by completing
the attached self -certification form. Please file the completed form(s) for a five year retention period at
your location to be able to display them during a future inspection by this office.
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.
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200
Internet: www.ncwatereualitv.oro Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10°/ Post Consumer Paper
NOne
oPhCarolina
Jl aturrrll�
Customer service
1-877-623-6748
If you have any questions or need further information, please contact Myrt Nisely at (919) 791-4200 or at
myrl.nisely a ncdenr.gov.
j Sin erely,
-/el
for Colee -L Sullins
cc: Raleigh Regional Office files
Stormwater Permitting Unit No -Exposure Files
Compliance Inspection Report
Permit: NCGNE0622 Effective:
Expiration: Owner: Becton Dickinson Medical
SOC: Effective:
Expiration: Facility: BD Medical
County: Wilson
5200 Wilson Corporate Park
Region: Raleigh
Wilson NC 27893
Contact Person: Greg McGuire
Title: Phone: 252-991-1211
Directions to Facility:
System Classifications:
Primary ORC:
Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05104/2011 Entry Time: 09:15 AM Exit Time: 10:20 AM
Primary Inspector: Myrl Nisely Phone: 919-791-4200
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
0 Miscellaneous Questions
(See attachment summary)
Page: 1
Permit: NCGNE0622 Owner - Facility: Becton Dickinson Medical
Inspection Date: 05/04/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
This inspection was a follow-up to the one on 10/8/2010 when construction was not quite finished. Production of trial
batches is underway, fully within the building. Construction of the chemical storage facility at the rear of the complex has
been completed. Measures have been taken to store boiler water treatment chemicals out of the rain and to withdraw
contents only while inside the building. Refueling of two generators is done inside protective buildings. This site is
completely free of potential pollutants and can be granted a No Exposure certification.
Page:2
North Carolina
Beverly Eaves Perdue
Governor
Mr. Greg McGuire
BD Medical
5200 Wilson Corporate Park
Wilson, NC 27893
Dear Mr. McGuire:
AZD- EfNR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
May 6, 2011
RMUN 1NW
Dee Freeman
Secretary
Subject: No Exposure Compliance Evaluation Inspection
Granting Certification No. NCGNE0622
BD Medical
Wilson County
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES
Stormwater Permitting form and made a site visit on May 4, 2011 to assess the potential for stormwater
pollution. The tour you provided of the recently completed facility was appreciated. Based on those
observations and your submittal and signed certification of no exposure at the above referenced facility, the
Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g),
which is incorporated by reference in North Carolina regulations.
Your facility was protective of stormwater quality. 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 unpermitted discharge subject to civil penalties of up to $25,000 per day. Your
conditional no exposure exclusion extends into the future without a need for renewal. However, the
Division can make unannounced random inspections to verify conditions, and will rescind this
certification if conditions warrant.
You are to make an annual verification that conditions continue to warrant this exemption by completing
the attached self -certification form. Please file the completed form(s) for a five year retention period at
your location to be able to display them during a future inspection by this office.
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.
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200
Internet: w ncwatereualitv.ora Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159
An Equal Opportunity/Affirmative Action Employer- 50 % Recycled/10% Post Consumer Paper
None
phCarolina
�l aturall�
Customer Service
1-877-623-6748
If you have any questions or need further information, please contact Mvrl Nisely at (919) 791-4200 or at
ntyrl.nisely@ncdenr.gov.
Sin crely,
for Colee Sullins
cc`Raleigh.Regional Office files-)
Stormwater Permitting Unit No -Exposure Files
Permit: NCGNE0622
SOC:
County: Wilson
Region: Raleigh
Compliance Inspection Report
Effective: Expiration: Owner: Becton Dickinson Medical
Effective: Expiration: Facility: BD Medical
5200 Wilson Corporate Park
Contact Person: Greg McGuire
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/0412011
Primary Inspector: Myrl Nisely
Secondary Inspector(s):
Title:
Entry Time: 09:15 AM
Wilson NC 27893
Phone:252-991-1211
Certification:
Exit Time: 10:20 AM
Phone:
Phone:919-791-4200
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ■ Compliant 0 Not Compliant
Question Areas:
0 Miscellaneous Questions
(See attachment summary)
Page:1
Permit: NCGNE0622 Owner - Facility: Becton Dickinson Medical
Inspection Date: 05/04/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
This inspection was a follow-up to the one on 10/8/2010 when construction was not quite finished. Production of trial
batches is underway, fully within the building. Construction of the chemical storage facility at the rear of the complex has
been completed. Measures have been taken to store boiler water treatment chemicals out of the rain and to withdraw
contents only while inside the building. Refueling of two generators is done inside protective buildings. This site is
completely free of potential pollutants and can be granted a No Exposure certification.
Page:2
x
_AA mail
31
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 12, 2010
Mr. Greg McGuire
BD Medical
5200 Wilson Corporate Park
Wilson, NC 27893
Subject: No -Exposure Inspection for Potential
Certification NCGNE0622
BD Medical
Wilson County
Dear Mr. McGuire:
Dee Freeman
Secretary
Thank you for the thorough tour and detailed observations we made on 10/08/10 around the new BD
Medical plant. The facility is not yet in production and there are still a few contractors present with
equipment and storage facilities on the grounds. A separate chemical storage building has a poured
concrete foundation, but is not yet finished. For these reasons, no decision will be made at this time
regarding whether to issue a No Exposure certification for the facility.
There were topics we discussed for which you intend to take further action to assure No Exposure
conditions. See the attached inspection report Summary for these.
Please contact me for another inspection once the exterior is considered complete and production has
been underway for a at least a month.
If you have any questions or comments, please call or email me.
Sincerely,
YOL A�j
Nlsely
cc: Raleigh Regional Office files
Stormwater Permitting Unit No -Exposure Files
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 7914200 Customer Service
Internet: w .ncvvaterouality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50 % Recycled/10% Post Consumer Paper North
No hCarolina
AIMA611111y
Compliance Inspection Report
Permit: NCGNE0622 Effective: Expiration: Owner: Becton Dickinson Medical
SOC: Effective: Expiration: Facility: BD Medical
County: Wilson 5200 Wilson Corporate Park
Region: Raleigh
Wilson NC 27893
Contact Person: Greg McGuire Title: Phone: 252-991-1211
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 10/0812010 Entry Time: 09:35 AM Exit Time: 11:15 AM
Primary Inspector: Myrl Nisely Phone: 919-791-4200
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Reconnaissance
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
M Miscellaneous Questions
(See attachment summary)
Page:1
I
Permit: NCGNE0622 Owner - Facility: Becton Dickinson Medical
i Inspection Date: 1010812010 Inspection Type: Reconnaissance Reason for Visit: Routine
Inspection Summary:
i
This inspection was a follow-up to the one on 8/17/2009. It was anticipated that the facility would be completed and be in
pharmaceutical production. However, recent problems with water quality used in production are delaying startup, and the
construction of a separate chemical storage building is yet to be completed. About 50 contractors are still onsite with their
storage bins, etc., so no decision on the No Exposure request is being made at this time. Another inspection will be made
once all of the above "unfinished business" is cleared up and the site is in its final configuration.
I
Host Greg McGuire took copious notes on topics to be handled: the yard on the east side has at least three 4" PVC
vertical pipes open to rainwater. It is not clear what these do, and they will be removed if not serving clear purposes. If
!they are to stay, they need to be capped, probably with a PVC screw -on lid.
'The chemical storage building is served by a concrete ramp that has a significant watershed adding to the total surface.
'We discussed spill response on that ramp (have a spill kit near by) and possible ways to handle rainwater at the toe of the
ramp. More engineering thought will be given to making sure the chemical storage area meets No Exposure expectations.
An inventory of 55 gallon drums, either empty or full but not partially full, will accumulate against the east wall of the
facility. Empties should have tightened bungs and be turned upside down to avoid storwmater accumulation around the
bung. This inventory needs to be controlled to minimize the number of drums. Plans are for carboys of glycols to be
stored inside the building.
Another site visit will be made next spring once all contractors have departed, the chemical building is in place, and the
factory is in production. Mr. McGuire will contact Myrl Nisely at that time.
Page: 2