NCGNE0770_COMPLETE FILE - HISTORICAL_20110328 (2)

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STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
of
DOC TYPE
C-HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ 1 O 3 0
YYYYMMDD

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. M. Grant Everhart
QVC Rocky Mount, Inc.
1200 Wilson Dr. MC 169
West Chester, PA 19380
Dear Mr. Everhart:
Coleen H. Sullins
Director
March 28, 2011
Natural Resources
Subject: No -Exposure Certification NCGNE0770
QVC Rocky Mount
Edgecombe County
Dee Freeman
Secretary
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater
Permitting form and made a site visit to assess the potential for stormwater pollution. Based on our 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.
Please note that by our acceptance of your no -exposure certification, QVC is obligated to maintain no -exposure
conditions at this 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 (subject to civil penalties
of up to $25,000 per day). Your conditional no -exposure exclusion does not expire. However, you must self re-
certify annually using the enclosed form, or obtain NPDES permit coverage for any stormwater discharges from
your facility. Please store the completed re -certification forms to have them available during future inspections by
DWQ.
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain environmental
permits that may be required under other federal, state, or local regulations or ordinances.
If you have any questions or need further information, please contact Myrl Nisely at [phone] or at
[e-mail].
Sinc rely,
I
CGh7f ��y/i
for Coleen H. ullins
Attachment
+cc: RRO Edgecombe County NE File 1
Stormwater Permitting Unit No -Exposure Files
One
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] CustomerNorthCarolina
Internet: w .ncwatergualitv.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]-623 y atuwlly
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

Permit:
NCGNE0770 Effective:
SOC:
Effective:
County:
Edgecombe
Region:
Raleigh
Contact Person: James J Jordan
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 03/18/2011
Primary Inspector: Myrl Nisely
Secondary Inspector(s):
Compliance Inspection Report
Expiration: Owner: Qvc Rocky Mount Inc
Expiration: Facility: QVC Rocky Mount
100 Qvc Blvd
Title:
Entry Time: 10:35 AM
Rocky Mount NC 27801
Phone:[phone]
Certification:
Exit Time: 11:20 AM
Phone:
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ■ Compliant 0 Not Compliant
Question Areas:
■ Miscellaneous Questions
(See attachment summary)
Page:1

Permit: NCGNE0770 Owner • Facility: Qvc Rocky Mount Inc
Inspection Date: 03/18/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
This site is a huge warehouse handling shipments of QVC merchandise. Truck docks were clean. There was nothing
outside to be a potential pollutant of stormwater. A No Exposure certification is appropriate.
Page:2

RECEIVED
JAN 1 3 2011
MANKO I GOLD I KATCHER I FOX LLP RaleighO DER
RegonalOffice
AN ENVIRONMENTAL AND ENERGY LAW PRACTICE
Carol F. McCabe 401 CITY AVENUE, SUITE 500
484-430-2304 BALA CYNWYD, PA 19004
[e-mail] TEL: [phone]
FAX: [phone]
Admitted in NJ and PA
N'\4'N'.MGKFLA\VC0M
January 11, 2011
PHILADELPHIA, PA
*CHERRY FALL, NJ
by appointment only
Via First Class Mall ' Partner responsible- Bruce S. Katcher
Danny Smith
Surface Water Protection Supervisor
North Carolina Department of Environment and Natural Resources
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
Re: Voluntary Disclosure of Non-Contuliance
Dear Nil-. Smith:
This letter is being submitted'to the North Carolina, Department of Environment and
Natural Resources ("NCDENR") on behalf of our client, QVC Rocky Mount, IUC. ("QVC")
which owns and operates a distribution center located in Rocky Nlount, North Carolina (the
"Facility). The Facility is used to warehouse and distribute various consumer products to the
customers of QVC's parent company QVC, Inc., and to receive and process product returns.
This notice constitutes a voluntary disclosure of a potential violation of environmental law that
was identified during the performance of an environmental compliance audit at the Facility.
As discussed in more detail below, QVC satisfies the conditions for application of North
Carolina's "Enforcement Penalty for Self -Reported Violations" policy (the "Policy''). QVC is
aireadY addressing the compliance area Idcntlfied below and iS COmillit',Cd t0 Undertaking
expeditious corrective action.
The remainder of this letter contains the following information: (1) background
concerning the performance of QVC's audit. (2) a brief summary of the potential violation
identified during the audit, and (3) a discussion-ofthe applicability ofthe Policy to the potential
violation disclosed in this letter by QVC.
A. Audit 6ackj�round
With'the Assistance of legal counsel Marko, Gold, Katcher & Fox, _LLP'(`1VIGKF" ), QVC
has conducted a focused environmental compliance audit of its operations at the facility. QVC
conducted the audit in an effort to evaluate the current status of its compliance with certain
765777_1
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Danny Smith
January 11, 2011
Paee 2
RECEIVED
JAN 1 3 2011
NC DENR
Raleigh Regional Office
applicable federal and state environmental requirements, and to identifymechanisms to improve
QVC's compliance with such environmental requirements in the future. To that end, the audit
team interviewed appropriate personnel at the Facility; reviewed numerous environmental related
documents maintained by the Facility; conducted a site visit to observe the operations, and
analyzed the data collected during the audit to determine areas of potential noncompliance. The
audit was completed at the beginning of January, 2011.
B. Disclosure of Potential Violation — NPDES Stormwater Permittin--
During the audit, it was determined that the Facility may be subject to requirements
governing discharges of stormwater associated with industrial activity. However, it is not
entirely clear which Standard Industrial Classification ('SIC") code QVC should use to describe
its operations; i.e. whether Facility operations should govern its categorization, or whether the
Facility would be properly categorized in a manner consistent with the retail operations of its
parent company, QVC, Inc. Despite this ambiguity, QVC has determined that it will
conservatively apply the 4225 SIC for general warehousing and storage for purposes of
determining whether a National Pollution Discharge Elimination System ('`NPDES") stormwater
permit is required. Because facilities under the 4225 SIC constitute "industrial activity" for
purposes of North Carolina's NPDES program, QVC intends to submit a "no esposure"
certification for the Facility. Alternatively, if the "no esposure" conditions cannot be met, QVC
Will submit an application for coverage under North Carolina's General Permit NCG060000 for
stormwater discharges associated with the industrial activities. It is expected that QVC will
submit a "no exposure" certification within sixty (60) days of this disclosure.
C. Compliance with Policy Criteria
QVC's audit and this disclosure satisfy all of the conditions of the Policy, and it is
therefore appropriate for NCDENR to waive any penalty that could be assessed. In addition,
QVC did not recognize any significant economic benefits as a result of the potential violation
identified through the audit and therefore requests that NCDENR waive any penalties that could
be assessed for the item disclosed in this letter. The conditions of the Policy, as well as a
discussion as to why QVC has satisfied each condition, is described below.
I. Good Faith. As explained in this letter, the potential violation disclosed herein
was identified through the performance of focused environmental compliance audit specifically
designed to detennine the compliance status of the Facility under certain state and federal
environmental requirements. The potential violation did not result from a lack ofgood faith
efforts to understand or comply with applicable requirements or to correct past deficiencies.
2. Intent. The potential violation was not committed knowingly or intentionally.
3. Significant Harm or Risk. The potential violation did not result in significant
harm to the environment or a risk to public health.
768777_1

Danny Smith
January 11, 201 1
Page 3
4. Voluntary and Prompt Disclosure. QVC's audit was completed at the beginning
Of January, 2011. This disclosure therefore complies with the Policy's requirement to
voluntarily and promptly disclose violations to NCDENR in writing. As explained above, the
potential violation was identified through the performance of a voluntary environmental
compliance audit and (a) this disclosure is not required by law, regulation or permit, and (b) sell'
monitoring for the potential violation disclosed herein is not required by the Facility or any part
thereof.
5. Return to Compliance. Under the Policy, a party is required to take immediate
and effective action under the appropriate technical supervision to cease or rentediate any
identified violations and avoid repeated violations. As identified above in this letter, QVC has
taken immediate steps to address the identified issues. QVC has begun to evaluate the "no
exposure" certification requirements and will submit the certification within 60 days of this
letter.
On behalf of QVC, we look forward to working with NCDENR to resolve any
outstanding issues associated with this disclosure. Please contact me at [phone] should
You have any questions regarding this disclosure.
Sincerely,
�414a /Y"
Carol F. McCabe
For MANKO, GOLD, KATCHER & FOX, LLP
CFM/vc/i t ti6-004
cc: Richard Henrich, Esquire
Kelly Redington
FIECENED
JAN 1 3 2011
NC DEW
Raleigh Regional DfficE
768777 1