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HomeMy WebLinkAboutNC0046728_Tax Certification_20210203 '27n TCN: This application is to be used only for waste treatment systems and equipment Rev. , . A - 4 under the authority of the NC Division of Water Resources(DWR) 01/29/2016 DIRECTIONS:Complete and mail signed copies of the application form and all supporting information to both: 1)the County Tax Administrator for the County in which the facility is located(one copy) AND 2)to the NC Division of Water Resources,Surface Water Protection Section, 1617 Mail Service Center,Raleigh,NC 27699-1617(two copies). Type or print in blue or black ink. A separate application package is required for each facility where property proposed for tax certification is located. THIS APPLICATION WILL NOT BE PROCESSED WITHOUT COMPLETE AND ACCURATE INFORMATION. If you have any questions regarding this application,please call the local tax office or the NC Division of Water Resources at 919/807-6300 or their web site at https://ox.deu.prod.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater/tax- certification for more specific contact information. Please Note: a)Tax Certifications will only be processed for facilities under the authority of the DWR and only if the DWR has found that the described property: 1. Has been or will be constructed or installed; 2.Complies with or that plans therefore which have been submitted to the DWR indicate that it will comply with the requirements of the Environmental Management Commission; 3. Is being effectively operated or will,when completed,be required to operate in accordance with the terms and conditions of the permit,certificate of approval,or other document of approval issued by the DWR;and 4. Has or,when completed,will have as its PRIMARY rather than incidental purpose the reduction of water pollution; 5.Is being used exclusively(100%)for waste treatment. b)If approved,the Tax Certification issued will incorporate all requested assets at the facility that meet the criteria for Tax Certification by DWR. Therefore this application must include any new assets for which Tax Certification is being requested,as well as any assets previously receiving Tax Certification from DWR for which Tax Certification is still needed. A.Applicant(Applicant is the owner of,and taxpayer for,the property described in this application for tax certification.) Name of Applicant: Name of Facility: NIAGARA BOTTLING, LLC NIAGARA BOTTLING,LI.0 Address of Applicant,if different from facility where property located: Physical Address of Facility where property located(no P.O. Box): 1440 BRIDGEGATE DR DIAMOND BAR,CA 91765 178 MOORESVII,I.E BLVD. MOORESVILLE,NC 28115 (address) (city) (zip) (street address) (city) (zip) Business Relationship of Applicant to facility where property located: County where property located: IREDELL Name of Contact Person at Facility where property located: PAUL SCIIROCK Does the Applicant hold any NC Division of Water Resources Permits? RL6dTO V E D ®Yes / D No Title: PLANT DIRECTOR Phone Number: If yes,please list 0018—SEE ATTACHED PERMIT FEB Q d 9 2021 Permit No(s): If approved,will this be the first Tax Certification issued for this Facility'? If no,attach any previously issued SEE ATTACHED ❑ Yes / ® No tax certifications NCDEQIDWRINPDES B.Complete this Section only if the Operator/User of the facility and equipment is different from the Owner of the facility. Name of Operator/User: Operator/User Address: (address) (city) (zip) Operator/User Contact Name: Relationship between Operator/User of facility and equipment and applicant: ***ATTACH A PROCESS SCHEMATIC TO YOUR APPLICATION The number of each item for which Tax Certification is being requested must be shown on the schematic*** Application continues on Next page DIVISION OF WATER RESOURCES TAX CERTIFICATION & EXEMPTION APPLICATION PAGE 2 Waste Treatment Systems& Equipment: Waste treatment systems&equipment must be used exclusively for the abatement of water pollution Rev.09/01/2013 For IIWR Ilse Was asset listed in Asset Number, %of time item is Is this asset Far cony. ortLy.A..,, Year of Original Historical Description of Waste Treatment Systems or Equipment the permit(Yes/No) Vehicle Identification How is this equipment used for pollution abatement? used for pollution replacing a prior Drapn.raa Number(VIN) abatement Acquisition Cosy' asset? 1 2 3 • 4 5 6 E 9 10 11 12 13 14 151 Sinai h additional pages it necessary 'If the asset is listed in the DWO permit,the description must be identical as listed on the current permit.If the asset is not specifically listed in the DWO permit,the applicant must attach detailed information as to why the asset should qualify for Tax Certification. "When certifying systems or equipment,DENR is not certifying the cost of the equipment or the year of acquisition. Facilities: To qualify for tax certification,the building or section of building being applied for,must be used exclusively for water pollution prevention. A sketch of the building,square footage along with details as to how the building is used for water pollution prevention,is required. Land: To qualify for tax certification,the land must be used exclusively for water pollution prevention. A schematic diagram of the facility detailing the land being applied for is required. The amount of land (acreage)is required and how this land is being used to prevent water pollution. For wastewater treatment and irrigation system list separately the acreage used for actual treatment from the acreage required • by the facility's water quality permit for buffers and setbacks. SIGNATURE: I hereby certify that the above equipment,facilities and/or land are used for the purpose stated,and that the information presented in this application is accurate. Furthermore,I certify that any portable or mobile equipment listed on this application will be used exclusively in the state of North Carolina. Applicant Signature: DAVID TRAN Title:5R INDIRECT TAX MANAGER Date: 1/2e/2021 (print name also) NOTICE: The penalty for false statement,representation or certification Of: NIAGARA BOTTLING,LLC herein includes imprisonment and/or the assessment of civil penalties. (Name of Applicant Business Entity) nc.wo LISTING REQUIRED BY FEBRUARY 1,2021 COUNTY OF IREDELL �Or� BUSINESS DEPARTMENT P.O.BOX T027 STATESVILLE,NC 28687 READ INSTRUCTIONS BEFORE PREPARING LISTING FORM NORTH CAROLINA IO.BOX8.2029 www ATESVI LE,,Locus FOR DEPARTMENT * ACCOUNT NO ABSTRACT NUMBER 1 SPEC 0IST CITY SCHOOL F'RE TOWNSHIP EXTENSION PENALTY USE ONLY= ==> 000080039053 2021-053424 1 03 03 1 03 APPR. DENIED YES NO ( If II 1I I kiSCH B-VEHICLE GB SUPPLIES G7-CIP GI-G5-FFIME TOTAL PERSONAL PHYS CAL ADDRESS LOCATION OF ACCOUNTING RECORDS REAL ESTATE OWNED BY DATE BUSINESS BEGAN IN THIS COUNTY DATE BUSINESS(FISCAL;YEAR ENDS PRINCIPAL BUSINESS IN THIS COUNTY CHECK ONE> CORPORATION SOLE PROPRIETORSHIP PAR INERSHIP N.AMERICAN INDUSTRY CLASSIFICATION CODE(NAICSN) UNINCORPORATED ASSOCIATION ._ OTHER(SPECIFY) NAME IN WHICH BUSINESS WAS LISTED LAST YEAR CHECK BUSINESS CATEGORY> RETAIL _ WHOLESALE* MANUFACTURING _--- SERVICE _ LEASING/RENTAL FARMING * OTHER(SPECIFY) 000140/2-S 0-B 0 OTHER N C COUNTIES WHERE PERSONAL PROPERTY IS LOCATED CONTACT PERSON FOR AUDIT NIAGARA BOTTLING LLC ADDRESS&PHONE (NC WATER RESOURCES EXEMPT) IF OUT OF BUSINESS COMPLETE THIS SECTION: DATE CEASED ATTN TAX DEPT 1440 BRIDGEGATE DR CHECK ONE.SOLD _ CLOSED BANKRUPT OMER DIAMOND BAR CA 91765-3932 SOLD EQUIPMENT FIXTURES:SUPPLIES TO BUYER'S ADDRESS 4 PHONE. y SCHEDULER- T PERSONAL PROPERTY-SEE INSTRUCTIONS (EAR GROUP(1)MACHINERY&EQUIPMENT I YEAR 1 GROUP(2)OFFICE FURNITURE&FIXTURES ACQUIRED PRIOR YEAR COST ADDITIONS DELETIONS f'—RRENT YR COST AC QU RED% PRIOR YEAR COST ADDITIONS DELETIONS CURRENT YR.COST �i; %/ ' '/ , 2020 '' 7/� ,% , 7�f 2020 % /,_ .7 .„ '� i% 2019 2019 2018 2018 2017 2017 2016 j 2016 2015 2015 2014 — 2014 2013 563,032 563,032 PRIOR 2012 TOTAL 2011 GROUP(3 COMPUTER EQUIPMENT 2010 YR AGO PRIOR YEAR COST ADDITIONS DELETIONS CURRENT YR,COST 2020 ///21% •"'.T.._...... 2009 /<o 2008 2019 2007 2018 2006 2017 2005 PRIOR PRIOR TOTAL TOTAL 563,032 563,032 GROUP(S)EXPENSED ITEMS (CAPTHRESH ..J YR AC;O. PRIOR YEAR COST ADDITIONS DELETIONS CURRENT YR.COST GROUP(4)IMPROVEMENTS TO LEASED PROPERTY ,, �/lam. YR A%O. PRIOR YEAR COST ADDITIONS DELETIONS CURRENT YR.COST 2020 ti./J// ./-i -,.4. ,,,'',7/N`, 2020 ✓i// . "'i ,, ; i/:// //,-; 2019 2019 PRIOR 2018 TOTAL , 2017 GROUP(6)OTHER 2016 YR ADO. ! PRIOR YEAR COST ADDITIONS DELETIONS CURRENT YR.COST /r- 2015 1 2020 / 2014 2019 2013 2018 2012 2017 2011 _ 2016 2010 2015 _ 2009 2014 2008 � ---_ PRIOR 2007 TOTAL PRIOR GROUP(8)SUPPLIES•SEE INSTRUCTIONS TYPE/DESCRIPTION COST I-TOTAL _-- GROUP(7)CONSTRUCTION IN PROGRESS (1) $ LIST IN DETAIL ALL EXPENDITURES IN OP ACCOUNT (2) $ ON JANUARY 1,BUT NOT INCLUDED ABOVE-SEE INSTRUCTIONS (3) $ TOTAL CIP:$ TOTAL If additional space to list property is needed for Schedules 8,C,or D,please attach a separate report in the same format as below.When using additional pages,please write"see attached" in the Schedules below. yCHCn1i!F R I I10n," ra!1 LtAC,c,r-rR"RIN t .,,.. m r I. ir ,�w, .. rrr MorqEyfAK >1EE MART Moro q i " A.S _ p rk� � GROUP(2 )( )BOATS&BOAT MOTORS ENG TYPE YEAR:MAKE•MODEL LENGTH SIZE REGIS # LOCATION Typp YEAR AQ. ORIGINAL COST FOR OFFICE USE BOAT N/A MOTOR HP GROUP(3)AIRCRAFT YEAR MAKE MODEL SERIAL# FM# LOCATION YEAR AQ. ORIGINAL COST FOR OFFICE USE N/A GROUP(4)MOBILE HOMES CLASSIFIED AS PERSONAL PROPERTY&OFFICES YEAR i MAKE wio-i-LENGTH TITLE# ID NUMBER(VIN) YEAR AD. ORIGINAL COST FOR OFFICE USE N/A PROPERTY IN YOUR POSSESSION JANUARY 1,BUT OWNED BY OTHERS SCHEDULE C THIS SECTION DUE JANUARY 15,SEE INSTRUCTIONS NAME AND ADDRESS OF OWNER DESCRIPTION OF PROPERTY LEASE#OR PAON'HI.:Y COST NEW START 8 ENO ACCOUNT# PAYMENT (QUOTED) LEASE DATES SEE ATTACHED SCHEDULE D FARM EQUIPMENT(List all tractors and farm equipment purchased in 2020.If there is not enough room below,attach a separate sheet.) YEAR MAKE/DESCRIPTION MODEL OR SERIES GAS OR DIESEL 2020 PURCHASES ORIGINAL COST N/A 2020 2020 2020 2020 2020 AFFIRMATION LISTING FORM MUST BE SIGNED BY A LEGALLY AUTHORIZED PERSON Please check the capacity in which you are signing the affirmation. LISTING MUST BE POSTMARKED WITH A POSTMARK AFFIXED BY THE US POSTAL SERVICE NO LATER THAN FEBRUARY 1,2021,IN ORDER TO BE CONSIDERED TIMELY FILED. For Individual Taxpayers:C Taxpayer ❑ Guardian [_ Authorized Agent ❑ Other Person having knowledge of and charged with the care of the person and property of the taxpayer For Corporations,Partnerships,Limited Liability Companies,Unincorporated Associations: Principal Officer of the Taxpayer i" Full-time employee of the taxpayer who has been officially empowered by a principal officer Title to list the property and sign the affirmation. Ttle SR.IINDIRECT TAX MANAGER Authorized agent. If this capacity is selected,I certify that I have NCDOR form AV-59 on file for this taxpayer: � Yes [' No Under penalties prescribed by law, I affirm that to the best of my knowledge and belief this listing, including any accompanying statements, inventories,schedules,and any other information, is true and complete. (If signed by an individual other than the taxpayer, he affirms that he is familiar with the extent and true value of all the taxpayer's property subject to taxation in this county and that his affirmation is based on all the information of which he has any knowledge.) C1Z^ 01/26/2021 :GNATURE D„N:: PF.EPARER OTHER THAN TAxPAYERR DATE DAVID TRAN PRINT OR TYPE NAME PRINT OR TYPE NAME SR. INDIRECT TAX MANAGER 909-786-4090 TIT,_E TELEPHONE NUMBER TITLE TELEPHONE NUMBER SALESTAXQNIAGARAWATER.COM FAX NUMBER EMAIL ADDRESS rax NUMBER EMAIL ADDRESS Any individual who willfully makes and subscribes an abstract listing required by this Subchapter(of the Revenue Laws)which he does not believe to be true and correct as to every material matter shall be guilty of a Class 2 misdemeanor.(Punishable by imprisonment up to 60 days.) Niagara Bottling,LLC Waste Water Equipment December 31,2020 Asset Number Asset Description Acquisiton Date New Cost 19144 M4-G.BELL ELECTRIC-ELECTRIC INSTALL FOR TEMP WASTEWATER SYSTEM 5/23/2013 15,080.00 18482 M4-WASTEWATER RESOURCES-AQUATEX TFC WASTEWATER PH TREATMENT SYSTEM 5/23/2013 289,572.02 18448 M4-RUSSO CONSTRUCTION-PH NEUTRAL.SYS&15K GAL WASTEWATER STORAGE TANK PADS 5/23/2013 22,220.00 18436 M4-WASTEWATER RESOURCES-WASTEWATER COLLECTION&STORAGE SYSTEM 7/1/2013 230,180.00 19740 M4-WASTEWATER RESOURCES-DRUM WASHER 12/1/2013 5,980.21 TOTAL 563,032.23 Town of Mooresville, RRWWTP Control Authority and/or Municipality PERMIT Industrial User Pretreatment Permit(IUP) ,�E�'e'1 V,e To Discharge Wastewater Under the e CD Industrial Pretreatment Program FEB n 202 ' 0018 N/A NCDEQ/Dwa p. lUP Number 40 CFR Category(if Applicable) ES In compliance with the e provisions of North Carolina General Statute 143-215.1, any applicable federal categorical pretreatment regulations, all other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Control Authority and/or Municipality Sewer Use Ordinance. The following Industry hereafter referred to by name or as the permittee: industry name.ponnittoo: Niagara Bottling LLC Facility Located at Street Address 178 Mooresville Parkway City Mooresville State,Zip North Carolina,28115 Is hereby authorized to discharge wastewater from the facility located at the above listed address into the sanitary sewer collection system and the wastewater treatment facility of the Control Authority and/or Municipality listed below: IUP Control Authority and/or Municipality WWTP name: Rocky River Wastewater Treatment Plant NPDES Number. NC0046728 WWTP Address: 369 Johnson Dairy Road City,Stale,Zip Mooresville,North Carolina,28115 In accordance with effluent limitations, monitoring requirements and all other conditions set forth in Parts LIT, and III of this Industrial User Pretreatment Permit(IUP). Effective date,this permit and the authorization to discharge shall bocorno effective at midnight on this data: November 15 , 2015 Expiration date,this permit and the authorization to discharge shall expire at midnight on this dale: December 31 , 2016 Date signori Environmental Compliance Supervisor Jamie Levis Date signed Environmental Compliance Officer Eric Brackett Industrial User Pretreatment Permit (IUP) PART I Specific Conditions IUP, PART 1, OUTLINE: A.) IUP Basic Information B.) IUP Modification History C.) Authorization Statement D.) Description of Discharges E.) Schematic and Monitoring Locations F.) Effluent Limits &Monitoring Requirements G.) Defmitions and Limit Page(s) notes A. IUP Basic Information: .Receiving Control Authority&WWTP name: POTW NPDES/i Rocky River Wastewater Treatment Plant NC0046728 IUP Name: flip Number: Niagara Bottling LLC 0018 IUP Effective date: Pipe Numbers,list all regulated pipes: November 15 , 2015 001 IUP Expiration date: IUP 40 CFR II(if applicable),or N/A: December 31 ;2016 N/A 2 Industrial User Pretreatment Permit (IU.JP) PART I Specific Co,i=ditions B. IUP History. A Complete Permit History is required): Effective Renewal or Description of changes over previous IUP. Date Modification January 1°,2012 Issued New Permit Issued New Permit July 1 u,2014 Modification 1-Set BOD limit to 400 mg/1 Daily Max and 400 mg/1 monthly Avg. 2-Changed sampling events from monthly to quarterly. November 15,2015 Modification 1-Increased flow to 0.4 mgd daily mix and 0.3 mgd monthly average from 0.2 mgd daily max.and 0.2 monthly average as a new production line was added. 2-Changed excursion time to 30 min.from 20 min.4 times a day as their pH probe is long di t ace from their plant. 3-Changed BOD liairts to pounds.New Emits am 1000.80 lb siday daily max.and 625.5 lbs/day monthly average.(reference 400 mg/1 and 250 mg/1) 3 Industrial User Pretreatment Permit (IUP) PART T Specific Conditions C.) Authorization Statement: 1.) The Permittee is hereby authorized to discharge wastewater in accordance with the effluent limitations, monitoring requirements, and all other conditions set forth in this Industrial User Pretreatment Permit (IUP) into the sewer collection system and wastewater treatment facility of the Control Authority and/or Municipality. 2.) The Permittee is hereby authorized to continue operation of and discharge wastewater from the following treatment or pretreatment facilities. These facilities must correspond to the treatment units listed on both the application and inspection forms. IU Treatment Units Lisl all Troalmonl Units: Descriptions: pH adjustment Treatment system consists of chemical addition for pH adjustment. See: SOP attachment 3.) The Permittee is hereby authorized to, if required by the Control Authority and/or Municipality and after receiving Authorization to Construct (A to C) from the Control Authority and/or Municipality, construct and operate additional pretreatment units as needed to meet final effluent limitations. D.) Description of IUP Discharge(s): 1. Describe the discharge(s) from all regulated pipes. Pipe# 001 , Description of Discharge: Niagara Bottling LLC is allowed to discharge to Pipe 001 wastewater consisting of process water,wash down water and R/O backwash. E.) Schematic and Monitoring Locations: The facility schematic and description of monitoring location(s) given below must show enough detail such that someone unfamiliar with the facility could readily find and identify the monitoring location(s) and connection to the sewer. Include and identify all regulated pipes. See Attachment 4 Receiving POTW name=> Mooresville IU name=> Niagara Bottling LLC 1 P, Part 1 Section Fo Receiving POTW NPDES#_> NC0046728 IUP#=> 0018 Effluent Limits and Monitoring Requirements Effective date for these Limits=> 11/15/2015 Pipe#_> 001 Expiration date for these Limits=> 12/31/2016 40 CFR#_> N/A The Permittee may discharge from this specific if not applicable put N/A THE LIMITS ON THIS PAGE ARE,(Check one below : Pipe number according to these specific dates, LIMITS for ENTIRE permit period => effluent limits, and monitoring requirements INTERIM Limits for period# 1 => INTERIM Limits for period#2 => FINAL Limits Page => X Concentration Limits Mass Limits Monitoring Frequency Sample Receded Collection Laboratory Monthly 6/Month Method Detection Daily Max , Average Units Daily Max , Average Units By Industry By POTW (C or G) LeveI 1 Flow 0.400 0.300 MGD MGD Continuous Record Daily 2 BOD** 1000.80 625.5 lbs./day , lbs./day 1 /Quarter 1/6 months C 2 3 TSS** ' Monitor only ni lbs./day 1 /Quarter 1/6 months C 5 4 Temperature Deg.C Deg.C 5 pH* _ 6.0- 11.0 Std.Units I Std.Units Continuous 1/6 months G OTHER PARAMETERS;Please List Alphabetically 6 Aluminum** monitoring only mg/1 lbs./day 1/Quarter 1/6 months C 0.01 7 Cadmium's* monitoring only mg/1 lbs./day 1 /Quarter 1/6 months C 0.001 8 Chloride monitoring only mg/I lbs./day 1/Quarter 1/6 months C 1 9 Chromium** monitoring only mg/I lbs./day 1/Quarter 1/6 months C 0.01 10 Copper** monitoring only mg/1 lbs./day 1 /Quarter 1/6 months C 0.01 11 Cyanide monitoring only mg/1 lbs./day 1/Quarter 1/6 months G 0.01 12 Fluoride monitoring only mg/I lbs./day 1 /Quarter 1/6 months C 0.2 13 Lead** monitoring only mg/1 lbs./day 1 /Quarter 1/6 months C 0.005 14 Oil&Grease** monitoring only mg/1 lbs./day I /Quarter 1/6 months G 5 15 Phosphorus monitoring only mg/1 lbs./day I /Quarter 1/6 months C 5 16 Nickel** monitoring only mg/1 lbs./day 1 /Quarter 1/6 months C 0.005 17 NH3-N** monitoring only mg/1 lbs./day 1 /Quarter 1/6 months C 0.1 18 Zinc** monitoring only mg/l lbs./day 1 /Quarter 1/6 months C 0.01 14 *pH—(4)30 min.excursions from permitted limits allowed within a 24 hr.period;(Any spike below 5.0 or above 12.5,no matter how brief a time,is considered a violation) cc Enforcement will be maintained thru The Town of Mooresville Sewer Use Ordinance. 1 5 Industrial User Pretreatment Permit (IUP) PART I Specific Conditions G.) Definitions and Limit Page(s) notes: In addition to the definitions in the Town of Mooresville's Sewer Use Ordinance the following definitions and requirements apply: 1. Composite Sample: Unless defined differently below, a composite sample for the monitoring requirements of this IUP, is defined as the automatic or manual collection of one grab sample of constant volume, not less than 100 ml, collected every hour during the entire discharge period on the sampling day. Sampling day shall be a typical production, and discharge day. 2. Composite Sample, alternative definition: A composite sample for the monitoring requirements of this IUP is the same as described above unless specifically defined below as the automatic or manual collection of constant volume and constant time grab samples collected and composited according to the following criteria: specific volume of each grab sample= Milliliters specific time interval between samples= Hours total duration of sample collection period= Hours Total number of grab samples to be composited= Samples 3. Daily Monitoring Frequency Daily Monitoring Frequency as specified in this IUP shall mean each day of discharge. 4. Grab Sample Grab sample for the monitoring requirements of this RIP, is defined as a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes at a representative point in the discharge stream. 5. Instantaneous measurement An Instantaneous measurement for the monitoring requirements of this NP is defined as a single reading,observation, or measurement. 6 Industrial User Pretreatment Permit (IUP) PART II General Conditions Outline of PART II, 1. Representative Sampling 16. Federal and/or State Laws 2. Reporting 17. Penalties 3. Test Procedures 18. Need to Halt or Reduce 4. Additional Monitoring by 19. Transferability Permittee 5. Duty to comply 20. Property Rights 6. Duty to Mitigate 21. Severability 7. Facilities Operation,Bypass 22. Modification,Revocation, Termination 8. Removed substances 23. Reapplication 9. Upset Conditions 24. Dilution Prohibition 10. Right of Entry 25. Reports of Changed Conditions 11. Availability of Records 26. Construction of pretreatment facilities 12. Duty to provide information 27. Re-opener 13. Signatory Requirements 28. Categorical Re-opener 14. Toxic Pollutants 29. General Prohibitive Standards 15. Civil and Criminal Liability 30. Reports of Potential Problems 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring point specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification and approval by, the permit issuing authority. 2. Reporting a.) Monitoring results obtained by the permittee shall be reported on forms specified by the Control Authority and/or Municipality, postmarked no later than the twentieth day of the month following the month in which the samples were taken. If no discharge occurs during a reporting period (herein defined as each calendar month) in which a sampling event was to have occurred, a form with the phrase "no discharge" shall be submitted. Copies of these and all other reports required herein shall be submitted to the Control Authority and/or • Municipality and shall be sent to the following address: Rocky River WWTP Town of Mooresville P.O.Box 878 Mooresville,NC 28115 An:Pretreatment Staff 7 Industrial User Pretreatment Permit (IUP) PART II General Conditions b.) If the sampling performed by the permittee indicates a violation, the permittee shall notify the Control Authority and/or Municipality within 24 hours of becoming aware of the violation. The permittee shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority and/or Municipality within 30 days after becoming aware of the violation. c.) If no self-monitoring is required by this TUP, and the sampling performed by the Control Authority and/or Municipality indicates a violation, the Control Authority and/or Municipality shall notify the permittee within 24 hours of becoming aware of the violation, and the permittee shall sample for the applicable parameter and submit the results of this analysis within 30 days after the POTW became aware of the violation. 3. Test Procedures Test procedures for the analysis of pollutants shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto unless specified otherwise in the monitoring conditions of this permit. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be submitted to the Control Authority and/or Municipality. The Control Authority and/or Municipality may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Duty to Comply The permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of the Control Authority and/or Municipality Sewer Use Ordinance and is grounds for possible enforcement action. 6. Duty to Mitigate - Prevention of Adverse Impact The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health,the POTW,the waters receiving the POTW s discharge,or the environment. 7. Facilities Operation, Bypass The permittee shall at all times maintain in good working order and operate as efficiently as possible, all control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Bypass of treatment facilities is prohibited except when approved in advance by the Control Authority and/or Municipality. Bypass approval shall be given only when such bypass is in compliance with 40 CFR 403.17. 8 Industrial User Pretreatment Permit (IUP) PART II General Conditions 8. Removed Substances Solids, sludge, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutants from such materials from entering the sewer system. The permittee is responsible for assuring its compliance with any requirements regarding the generation, treatment, • storage, and/or disposal of "Ha?ardous waste" as defined under the Federal Resource Conservation and Recovery Act. 9. Upset Conditions An "upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with the effluent Iimitations of this permit because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operations. An upset may constitute an affirmative defense for action brought for the noncompliance. The permittee has the burden of proof to provide evidence and demonstrate that none of the factors specifically listed above were responsible for the noncompliance. 10. Right of Entry The permittee shall allow the staff of the State of North Carolina Department of Environment and Natural Resources, Division of Water Quality, the Regional Administrator of the Environmental Protection Agency, the Control Authority and/or Municipality, and/or their authorized representatives, upon the presentation of credentials: 1. To enter upon the permittee's premises where a real or potential discharge is located or in which records are required to be kept under the terms and conditions of this permit; and 2. At reasonable times to have access to and copy records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 11. Availability of Records and Reports The permittee shall retain records of all monitoring information, including all calibration and maintenance records as well as copies of reports and information used to complete the application for this permit for at least three years. All records that pertain to matters that are subject to any type of enforcement action shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Except for data determined to be confidential under the Sewer Use Ordinance, all reports prepared in accordance with terms of this permit shall be available for public inspection at the Control Authority and/or Municipality. As required by the Sewer Use Ordinance, effluent data shall not be considered confidential. 9 Industrial User Pretreatment Permit (IUP) PART II General Conditions 12. Duty to Provide Information The permittee shall furnish to the Director of Public Works or his/her designees,within a reasonable time, any information which the Director,his/her designee, or the Division of Water Quality may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish, upon request, copies of records required to be kept by this permit. 13. Signatory Requirements All reports or information submitted pursuant to the requirements of this permit must be signed and certified by the Authorized Representative as defined under the Sewer Use Ordinance. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to [POTW Director] prior to or together with any reports to be signed by an authorized representative. 14. Toxic Pollutants If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Federal Clean Water Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit may be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 15. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 16. Federal and/or State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal and/or State law or regulation. 17. Penalties The Sewer Use Ordinance of the Control Authority and/or Municipality provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 dollars per day of such violation. Under state law, (NCGS 143-215.6B),under certain circumstances it is a crime to violate terms, conditions, or requirements of pretreatment permits. It is a crime to knowingly make any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance. These crimes are enforced at the prosecutorial discretion of the local District Attorney. 10 Industrial User Pretreatment Permit (IUP) PART II General Conditions 18. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of the permit. 19. Transferability This permit shall not be reassigned or transferred or sold to a new owner, new user, different premises,or a new or changed operation without approval of the Town. 20. Property Rights This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 21. Severability The provisions of this permit are severable and, if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby. 22. Permit Modification, Revocation, Termination This permit may be modified, revoked and reissued or terminated with cause in accordance to the requirements of the Control Authority and/or Municipality Sewer Use Ordinance and North Carolina General Statute or implementing regulations. 23. Re-Application for Permit Renewal The permittee is responsible for filing an application for re-issuance of this permit at least 180 days prior to its expiration date. 24. Dilution Prohibition The permittee shall not increase the use of potable or process water or in any other way attempt to dilute the discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. 11 Industrial User Pretreatment Permit (YTJP) PART II General Conditions 25. Reports of Changed Conditions The permittee shall give notice to the Control Authority and/or Municipality of any planned significant changes to the permittee's operations or system which might alter the nature, quality, or volume of its wastewater at least 180 days before the change. The permittee shall not begin the changes until receiving written approval from the Control Authority and/or Municipality. Also see Part II, 30 below for additional reporting requirements for spill/slug issues. Significant changes may include but are not limited to (a) increases or decreases to production; (b) new or changed manufacturing processes and/or chemicals; or (c) new or changed customers. (d) increases in discharge of previously reported pollutants; (e) discharge of pollutants not previously reported to the Control Authority and/or Municipality; (f) new or changed product lines; 26. Construction No construction of pretreatment facilities or additions thereto shall be begun until Final Plans• and Specifications have been submitted to the Control Authority and/or Municipality and written approval and an Authorization to Construct(A to C)have been issued. 27. Re-opener The permit shall be modified or, alternatively, revoked and reissued to comply with any applicable effluent standard or limitation for the control of any pollutant shown to contribute to toxicity of the WWTP effluent or any pollutant that is otherwise limited by the POTW discharge permit. The permit as modified or reissued under this paragraph may also contain any other requirements of State or Federal pretreatment regulations then applicable. 28. Categorical Re-opener This permit shall be modified,or alternatively,revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 302(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved: 1.) Contains different conditions or is otherwise more stringent than any effluent limitation in this permit;or 2.) Controls any pollutant not limited in this permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. 12 Industrial User Pretreatment Permit (IUP) PART II General Conditions 29. General Prohibitive Standards The permittee shall comply with the general prohibitive discharge standards in 40 CFR 403.5(a)and(b)of the Federal pretreatment regulations. 30. Potential Problems The permittee shall provide protection from accidental and slug discharges of prohibited materials and other substances regulated by this permit. The permittee shall also notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in the Sewer Use Ordinance. Additionally, the permittee shall notify by telephone the Control Authority and/or Municipality immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in the Sewer Use Ordinance. If the permittee experiences such a discharge, they shall inform the Control Authority and/or Municipality immediately upon the first awareness of the commencement of the discharge. Notification shall include location of the discharge, type of waste, concentration and volume if known and corrective actions taken by the permittee. A written follow-up report thereof shall be filed by the permittee within five (5) days, unless waived by the Control Authority and/or Municipality. 13 Industrial User Pretreatment Permit (IUP) PART III Special Conditions 1. Slug/Spill Control Measures In addition to the requirements in Part II, 30, the Perrnittee shall complete installation and/or commence implementation, operation, and/or maintenance of the following specific protection Measures, Activities, Plans. Etc. (Items without specific completion date, or marked as "Continuous." must be performed for the entire duration of the permit): Required Completion/ Implementation Description of Measure, Activity,Plan, etc. Date Submit Slug/Spill Control Plan in accordance with SUO January 1st 2012 Revise contact page annually for Slug/Spill control Plan Annually The permittee shall provide updates to the Control Authority as required by Part II,30,of this TUP. Modifications to the measures shall be approved by the Control Authority prior to installation/implementation. If a measure fails, the Control Authority shall be notified within 24 hours. 2. Sludge Management Plan Ninety days prior to the initial disposal of sludge generated by any pretreatment facility, the permittee shall submit a sludge management plan to the Control Authority. 3. Flow Measurement Requirements (For SIUs with discharge flow meters) The permittee shall maintain appropriate discharge flow measurement devices and methods consistent with approved scientific practices to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Devices installed shall be a continuous recording flow meter capable of measuring flows with a maximum deviation of less than 10% from true discharge rates throughout the range of expected discharge volumes. The devices shall be installed, calibrated, and maintained to ensure accuracy. At the time of issuance of this permit, an approved method consisting of a Flume and Flow Meter has not been determined. These devices have been installed, consisting of an ultrasonic meter and parshall flume. The meter shall be calibrated every three (3) months. Modifications or other flow metering equipment shall be approved by the Control Authority prior to installation. If a required flow measurement device fails, the Control Authority shall be notified within 24 hours. 14 Industrial User Pretreatment Permit (IUP) PART III Special Conditions 4. Certified Laboratory Analysis Pollutant analysis shall be performed by a North Carolina Division of Water Quality Certified Laboratory that is certified in the analysis of the pollutant in wastewater. All analysis is to be paid by the Permittee. 5. Certified Operator (N/A) not classified Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater pretreatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the type and grade equivalent to, or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified backup operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit the wastewater facility as required; must properly manage and document daily operation and maintenance of the facility; and must comply with all other conditions of Title 15A,Chapter 8A .0202. The permittee shall submit a letter designating the operator in responsible charge to the Certification Commission or their designee within thirty days after facility classification. 6. Toxic Organic Management Plan Within ninety days of the issuance of this permit,the permittee shall develop and submit to the Control Authority a toxic organic management plan. 7. Monitoring Waiver Parameters Monitoring by the permittee and the Control Authority has been waived for the following parameters in accordance with 40 CFR 403.12(e)(2). Parameter Name 40 CFR Standards The permittee shall provide the following certification with each report required by Part II,2,of this IUP, but in no case less than once every six months. "Based upon my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standards for 40 CFR , I certify that, to • the best of my knowledge, there has been no increase in the level of in the wastewaters due to the activities at the facility since filing of the [[[last monitoring report]]) [[[last periodic report under 40 CFR 403.12(e)(1).1]]" 15 Industrial User Pretreatment Permit (IUP) PART III Special Conditions In the event that a waived parameter is found to be present or is expected to be present based on changes that occur in the permittee's operations, the permittee shall immediately notify the Control Authority and sample for the parameter within days of the notification. 8. Equivalent Mass Limits N/A This SIU is subject to 40CFR , and has been approved for Equivalent Mass Limits for Concentration Limits as allowed by 40CFR 403.6(c) (5). In order to remain eligible for the Equivalent Mass Limits,the following conditions must be met. a. Maintain and effectively operate control and treatment technology adequate to achieve compliance with the equivalent mass limit. b. Continue appropriate effluent flow monitoring. Currently consisting of Parshall Flume with Ultrasonic FIow Meter for continuous monitoring,. c. Continue to record production rates. d. Notify the POTW immediately if production rates vary by more than 20% of the production used as the basis for calculating the equivalent mass limits. e. Submit monthly flow and production rate summaries by the 20`h day of the following month, with an analysis of flow and production rate changes to demonstrate no dilution. f. Continue to employ the same or comparable water conservation measures. Failure to comply with any of the above conditions disqualifies the User from coverage by equivalent mass limits. Pre-existing concentration-based Pretreatment Standards will be automatically enforceable at the time of disqualification. 16 Industrial User Pretreatment Permit (IUP) PART III Special Conditions 9. pH CONTINUOUS MONITORING AND CALIBRATION a. The pH monitoring/recording frequency for this permit is continuous.In addition, the pH meter shall be verified once(1 time)per week as a minimum.The permittee shall calibrate and maintain the accuracy of all pH controllers,monitors and recorders to the accepted capability of that type of device. b. All pH monitoring and calibration records shall be available during inspections by Town officials,NCDENR(North Carolina Department of Environment and Natural Resources), and/or by EPA(Environmental Protection Agency). c. The Town wilt allow for reasonable meter"downtime"to address calibration and maintenance needs,as well as power failures.It is the responsibility of the permittee to keep a log of the time, date, and reason for"downtime". d. Reporting requirement for brief period of time for excursions below 6.0 pH units: 1) It is the permittee's responsibility to report the maximum and minimum for each time period the pH was outside the limits, providing the maximum or minimum of that excursion as well as the time and length of the excursion. (e.g.,below 6.0 from 10:08 to 10:14 am,max was 5.7, min was 5.2. These excursions are to be reported by the twentieth of the following month on a separate IDMR form. 2) The Town will allow excursions of no longer than 30 minutes/4 times per day to be discharged to the sewer system. Also the Town reserves the right to determine any excursion that causes inhibition or pass through(including damage to the collection system or any POTW equipment)a violation no matter how brief a time. (This applies to a pH excursion from 5.0 to 5.99.) 3) Any spike below 5.0 or above 12.5,no matter how brief a time,is considered a violation, and must be reported immediately to the POTW. Furthermore,the user will be subject to fines and violations. 17 IUPSynopsis A. IUP Basic Information Receiving POTW name: POTW NPDES#: Rocky River Wastewater Treatment Plant NC0046728 IUP name: IUP Number: Niagara Bottling LLC 0018 IUP Effective date: Pipe Numbers,list all regulated pipes: November 15,2015 001 IUP expiration date: IUP 40 CFR#,if applicable: December 31,2016 N/A B. IUP Survey&Application form Attach a completed copy of the Industrial User Wastewater Survey&Application Form(see appendix 6-A) C. IU Inspection form Attach a copy of an Industrial User Inspection Form(see chapter 7) completed by the Control Authority within the past 12 months. D. RATIONALE FOR LIMITATIONS: As listed on the IUP Limits Page(s),PART I,Section F of the IUP. RATIONALE#1: Review of IU Monitoring Data,with no Over Allocation situation: The following pollutants were assigned numerical limits in this IUP based on a review of monitoring data for the permittee to determine what ranges of concentrations are currently being discharged. To account for sample variability a factor was applied to the monitoring data to determine the permit limit. Permit limits assigned by the Local IUP Control Authority can not result in an Over Allocation situation for any pollutants. Based on monitoring results by the SIU and the POTW we feel that 0.400 mgd flow should be adequate for the daily max and 0.300 mgd the monthly average with the installation of the new line.Also these high flows will be seasonal because they are a Water Bottling Facility. Any other occasions would be a natural disaster to produce water for the people. Also changed BOD limits to 1000.80 lbs./day daily Max. and 625.5 lbs./day Monthly Average. 1 IUP Synopsis RATIONALE#2a: Categorical Industrial Limits,with no Over Allocation situation: Check here if Combined Wastestreara Formula (CWF) or other categorical limits calculations were used. If used,Please attach calculations: (see CWF Spreadsheet, Appendix 6-F) Were used(attach calculations) Were not used The following pollutants were assigned numerical limits in this IUP based on the categorical regulations. These limits do not result in over allocations. RATIONALE#3a: Over Allocation Prevention,with IU pollutant reduction: The following pollutants were assigned numerical limits in this TUP based on allocating the Maximum Allowable Industrial Loading (MAIL) determined with the Headworks Analysis (HWA) among all Industrial Users. The total loading of each pollutant from all permitted discharges does not exceed the MAIL. These limits do not result on over allocations. RATIONALE#3b: Interim Limits for IU pollutant reduction: The following pollutants were assigned interim numerical limits in this IUP to allow time for the industry to come compliance with final limits that will not in over allocations. 2 IUP Synopsis RATIONALE#4: 4.) Other Rationale for Limitations: The following rationale was used for developing TUP Limits. Parameter Rationale RATIONALE#5a: Non-Categorical Parameters where No Limit needed or assigned in an IUP: The following pollutants were not assigned numerical limits in this IUP because the loadings for these pollutants from this TU were less than 5% of the MARL. The loading of these pollutants from this IU is considered insignificant at this time. • Pollutant Avg SIU mg/1 Avg SIU lbs/day 5%MAHL, lbs/day Flow RATIONALE#5b: Categorical Parameters with Waived Monitoring: Monitoring is waived for the following categorical parameters (attach documentation of waiver justification). 3