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HomeMy WebLinkAboutWQ0002496_Application_20221114State of North Carolina Department of Environmental Quality DWR Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION This form is for ownership changes or name changes of a non -discharge system permit. Please note that "Permittee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website A. Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) Application (All Applications): Submit an original completed and appropriately executed Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) application. ❑ The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02'r .0106(b). Per 15A NCAC 02T .0106 c , an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ❑ The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106 b�. Per 15A NCAC 02T .0106 c1, an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). B. Existing Permit (All Applications): ❑ Submit a copy of the most recently issued permit. C. Property Ownership Documentation (All Applications): ➢ Per 15A NCAC 02T .0504(f), 15A NCAC 02T .0604(e), 15A NCAC 02T .0704(f), 15A NCAC 02T .0804, 15A NCAC 02T .1004 d , 15A NCAC 02T .1104(d)(7), 15A NCAC 02T.1 104(e)(5), 15A NCAC 02U .020I e) or 15A NCAC 02U .0202(f , the Applicant shall demonstrate they are the owner of all property containing the non -discharge system facilities: ❑ Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both parties, as well as a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107. D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility): ❑ Per 15A NCAC 02T .0115(4)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non -discharge system. E. Operational Agreements (All Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be sold): y Home/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational AgreenienfORM: HOA . ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115(N, submit an original of the properly executed Operational A reement�FC7RM; DEV . F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems): ❑ Per 15A NCAC 02'r .0604(h, submit an original of a notarized Operation and Maintenance Agreement �FORM: SFRWWIS O&M) that has been signed and dated by all deeded property owners. ---_-- THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAI OL.INA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: By Courier/Special Delivery: By Email: Non -Discharge Branch Non -Discharge Branch — Archdale 942W Non-Discharge.Reports5,n_ cdenr.gov 1617 Mail Service Center 512 N. Salisbury St. Raleigh, NC 27699-1617 Raleigh, NC 27604 Telephone Number: (919) 707-3654 INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION Page I of 1 State of North Carolina nWR Department of Environmental Quality Division of Water Resources Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIPINAME CHANGE FORM: NDPONC 06-16 1. EXISTING PERMITTEE INFORMATION: 1. Permittee's name: Nuway Packing Equipment LLC 2. Signature authority's name: Bryan Cullen per 15A NCAC 02T .0106(b) Title: CFO 3. Permittee's mailing address: 3909 Park Road City: Benicia State: CA Zip: 94510 - 4. Permittee's contact information: Phone member: ( 510 ) 514 - 1557 Email Address: bcullenyalleyfine com 5. Demonstration of historical consideration for permit approval —15A NCAC 02T .0120: Has the Permittee or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? ❑ Yes or ❑✓ No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ❑✓ No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑✓ No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ✓❑ No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ❑✓ No II. FACILITY INFORMATION: 1. Facility name: Nuway Packing Equipment LLC 2. Facility's physical address: 212Nuway Packing Drive City: Forest City State: NC Zip: 28043 - County: Rutherford III. PERMIT INFORMATION: 1. Existing permit number: WQ0002496 and most recent issuance date: 4/1/2022 2. Existing permit type: Select 3. Reason for the permit application: Select 4. Has the facility been constructed? ❑Yes or ❑ No IV. APPLICANT INFORMATION: 1. Applicant's name: 212 Nuway Packing Dr, LLC, a Missouri limited liability company 2. Signature authority's name: Mark Cusumano per 15A NCAC 02T .0106 b Title: Manager 3. Applicant's mailing address: 325 W. Main Street City: Belleville State: IL Zip: 62 220- 4. Applicant's contact information: Phone number: (618 ) 482 - 8714 Email Address: mark(4wresults.com 5. Demonstration of historical consideration for permit approval —15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ❑✓ No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or 0 No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ❑✓ No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ❑✓ No e. Has unpaid annual fees in accordance with '15A NCAC 02T .0105(el(Q? El Yes or ❑ No FORM: NDPONC 06-16 Page] of 2 Existing Permittee's Certification per 15A NCAC 02T .0106(b): an Cullen - CFO attest that this application for (Signature Authority's name & title from Application Item I.2.) Nuway Packing Equipment LLC (Facility name from Application Item II.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify that the existing Permittee or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $1.0,000 as well as civil penalties up to $25,000 per violation. Signature: -" .. Date: j Applicant's Certification per 15A NCAC 02T .010„6,-,Lb): I Mark Cusumano - Manager attest that this application for (Signature Authority's name & title from Application Item IV.2.) 212 Nuway Packing Dr, LLC, a Missouri Limited Liability Company (Facility name from Application Item 11.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC._O.2T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and '143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Sig nature: 'Aykc �� ......"""""""'° Nov 11, 2022 INark Cosa mane rJuv 11, 20 22 10: li0 CS7) Date: FORM: NDPONC 06-16 Page 2 of 2