HomeMy WebLinkAboutNC0005312_owner name change_20180205ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Water Resources
ENVIRONMENTAL OVALITY
February 5, 2018
Mr. Scott M. Taylor, Environmental Coordinator
Duvaltex (US), Inc.
P.O. Box 179
Guilford, ME 04443-0179
Subject: NPDES Permit NC0005312
Transfer of ownership / permit modification
Ellin Mill
Surry County
Dear Mr. Taylor:
The Division hereby re -issues NC0005312. This action is taken to show that the new
owner's name is now Duvaltex (US), Inc. This permit is issued pursuant to the requirements
of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as
subsequently amended).
If any parts, measurement frequencies or sampling requirements contained in this
modification are unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this letter. This request must be
in the form of a written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center,
Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be
final and binding.
The re -issued permit includes the following significant changes from the existing permit:
➢ Section A. (3.) has been added to require electronic submission of effluent data.
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs).
➢ Regulatory citations have been added to the permit.
➢ Parameter codes have been added to the effluent limit chart.
➢ An updated outfall map has been included.
This permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by any other Federal,
State, or Local governmental regulation.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https://deq.nc.gov/about/divisions/water-resourcesiwater-resources-permits/wastewater-branchlnpdes-wastewater-permits
If you have any questions concerning this matter, please contact Emily Phillips at
(919) 807-6479 or via e-mail [emily.phillips@ncdenr.gov].
S' cerely�
Linda Culpepper
Interim Director. Water Resources
cc: Winston-Salem Office
NPDES Files
Central Files
ec: Aquatic Tox
Permit NC0005312
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
N( PDESI
In compliance with the provisions of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act,
as amended,
Duvaltex (US), Inc.
is hereby authorized to discharge wastewater from a facility located at the
Elkin Mill
304 East Main Street
Elkin
Surry County
to receiving waters designated as the Yadkin River located within the Yadkin Pee -Dee
River Basin in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.
This permit shall become effective February 5, 2018.
This permit and authorization to discharge shall expire at midnight on December 31,
2018.
Signed this day February 5, 2018.
1r Ada Culpepper
interim Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page i of 8
Permit NCO005312
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are
hereby revoked, and as of this issuance, any previously issued permit bearing this
number is no longer effective. Therefore, the exclusive authority to operate and discharge
from this facility arises under the permit conditions, requirements, terms, and provisions
described herein.
Duvaltex (US), Inc.
is hereby authorized to:
1. Continue to operate an existing 4.0 MGD extended aeration system treating
combined industrial wastewater and contaminated groundwater, that
includes the following components:
• a manual bar screen, fine screening, pH adjustment using lime
• equalization basin,
• aeration basin
• dual clarifiers
• suspension of dissolved calcium hypochlorite
• post -chlorination aeration tank,
• aerobic digester, and sludge drying beds
The facility is located at 304 East Main Street, Elkin, Surry County, and
2. Discharge from said treatment works at the location specified on the
attached map into the Yadkin River classified Class C waters in the Yadkin -Pee
Dee River Basin.
Page 2 of 8
Permit NC0005312
PART I.
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until
expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges
shall be limited and monitored4 by the Permittee as specified below:
EFFLUENT
EFFLUENT LIMITS
MONITORING REQUIREMENTS
CHARACTERISTICS
Daily
Measurement
Sample
Sample
[PARAMETER CODE]E1,526.51bs/da
Maximum
Frequency
Type
Locationl
Flow 50050
Continuous
RecordingI
or E
BOD, 5 day, 20°C
203.2 Ibs/day
Daily
Composite
E
C0310
COD 00340
3,052.9 lbs/day
Weekly
Composite
E
TotalSuspended Solids
272.3 Ibs/day
544.7 Ibs/day
Daily
Composite
E
TSS CO530
Sulfides P07451
3.0 lbs/day
6.1 Ibs/da
2 / Month
Grab
E
Phenols [346941
1.5 lbs/day
3.0 Ibslda
2 / Month
Grab
E
Chromium [010341
1.5 lbs/day
3.0 lbs/da
2l Month
Composite
E
Fecal Coliforrn
(geometric mean)
200I 100 mL
400 / 100 mL
2 / Month
Grab
E
31616
Total Residual Chlorine
28 pg/L2
Daily
Grab
E
TRC 50060
H 1004001
> 6 and < 9 SU
Daily
Grab
E
Temperature 00010
Daily
Grab
E
Total Nitrogen (NO2 +
Monthly
Composite
E
NO3+TKN) [C0600
Total Phosphorus
Monthly
Composite
E
CO665
Chronic Toxicity 3
Quarterly
Composite
E
GP36
Footnotes:
1. Sample locations: I = Influent; E = Effluent
2. The facility shall report all effluent TRC values reported by a NC certified laboratory including
field certified. However, effluent values below 50 ug/l will be treated as zero for compliance
purposes. The permittee shall monitor for chlorine only if chlorine is used at the facility.
3. Chronic Toxicity (Ceriodaphnia) P/F at 1.9%; February, May, August, November; See Special
Condition A.(2).
4. The Permittee shall submit discharge monitoring reports electronically using the Division's
eDMR system [see A. (3.)].
Discharge shall contain no floating solids or foam visible in other than trace amounts.
Page 3 of 8
Permit NC0005312
A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY)
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or
significant mortality to Ceriodaphnia dubfa at an effluent concentration of 1.9%.
The permit holder shall perform at a minimum,guarterlu monitoring using test
procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay
Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II
Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or
subsequent versions. The tests will be performed February, May, August, and
November. These months signify the first month of each three month toxicity testing
quarter assigned to the facility. Effluent sampling for this testing must be obtained
during representative effluent discharge and shall be performed at the NPDES permitted
final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a
failure or ChV below the permit limit, then multiple -concentration testing shall be
performed at a minimum, in each of the two following months as described in
"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR-1) for the months in which tests were
performed, using the parameter code TGP3B for the pass/fail results and THP3B for the
Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following
address:
Attention: North Carolina Division of Water Resources
Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences
Section no later than 30 days after the end of the reporting period for which the report
is made.
Test data shall be complete, accurate, include all supporting chemical/physical
measurements and all concentration/response data, and be certified by laboratory
supervisor and ORC or approved designate signature. Total residual chlorine of the
effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity
monitoring is required, the permittee will complete the information located at the top of
the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe
number, county, and the month/year of the report with the notation of "No Flow" in the
comment area of the form. The report shall be submitted to the Environmental Sciences
Section at the address cited above.
Page 4 of 8
PermitNC0005312
Should the permittee fail to monitor during a month in which toxicity monitoring is
required, monitoring will be required during the following month. Assessment of toxicity
compliance is based on the toxicity testing quarter, which is the three month time
interval that begins on the first day of the month in which toxicity testing is required by
this permit and continues until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North
Carolina Division of Water Resources indicate potential impacts to the receiving stream,
this permit may be re -opened and modified to include alternate monitoring
requirements or limits.
If the Permittee monitors any pollutant more frequently than required by this permit,
the results of such monitoring shall be included in the calculation & reporting of the
data submitted on the DMR & all AT Form submitted.
NOTE: Failure to achieve test conditions as specified in the cited document, such as
minimum control organism survival, minimum control organism reproduction, and
appropriate environmental controls, shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted
and became effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within
Part II of this permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.1 and Section E. (5.1 tall
The permittee shall report discharge monitoring data electronically using the NC
DWR's Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for
each month and submitted electronically using eDMR. The eDMR system allows
permitted facilities to enter monitoring data and submit DMRs electronically using
the internet. Until such time that the state's eDMR application is compliant with
EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using
Page 5 of 8
Permit NC0005312
eDMR and will be required to complete the eDMR submission by printing, signing,
and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or
due to the facility being physically located in an area where less than 10 percent of
the households have broadband access, then a temporary waiver from the NPDES
electronic reporting requirements may be granted and discharge monitoring data
may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms
approved by the Director. Duplicate signed copies shall be submitted to the mailing
address above. See "How to Request a Waiver from Electronic Reporting" section
below.
Regardless of the submission method, the first DMR is due on the last day of the
month following the issuance of the permit or in the case of a new facility, on the last
day of the month following the commencement of discharge.
Starting on December 21, 2020, the permittee must electronically report the
following compliance monitoring data and reports, when applicable:
Sewer Overflow/Bypass Event Reports;
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to
Request a Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial
recipient at the time of each electronic submission. The permittee should use the
EPA's website resources to identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities
means the entity (EPA or the state authorized by EPA to implement the NPDES
program) that is the designated entity for receiving electronic NPDES data [see 40
CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic
reporting too] for each type of electronic submission and for each state. Instructions on
how to access and use the appropriate electronic reporting tool will be available as well.
Information on EPA's NPDES Electronic Reporting Rule is found at:
Page 6 of 8
Permit NC0005312
Electronic submissions must start by the dates listed in the "Reporting
Requirements" section above.
3. How to Request a Waiver from Electronic Revortin¢
The permittee may seek a temporary electronic reporting waiver from the Division.
To obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least
sixty (60) days prior to the date the facility would be required under this permit to
begin submitting monitoring data and reports. The duration of a temporary waiver
shall not exceed 5 years and shall thereupon expire. At such time, monitoring data
and reports shall be submitted electronically to the Division unless the permittee re-
applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only
permittees with an approved reporting waiver request may submit monitoring data
and reports on paper to the Division for the period that the approved reporting
waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http: / /deg.nc.gov/about/divisions/water-resources/edmr
4. Sianatory Requirements [Supplements Section B. (11.) (b) and Supersedes
Section B. 111.) (dll
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that
person as described in Part xI, Section B. (11.)(b). A person, and not a position, must
be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining
an eDMR user account, please visit the following web page:
http://deg.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR
system shall make the following certification [40 CFR 122.221. NO OTHER
STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
U certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
Page 7 of 8
Permit NC0005312
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, tree, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
S. Records Retention [Supplements Section D. (6.11
The permittee shall retain records of all Discharge Monitoring Reports, including
eDMR submissions. These records or copies shall be maintained for a period of at
least 3 years from the date of the report. This period may be extended by request of
the Director at any time [40 CFR 122.41J.
Page 8 of 8
Duvaltex (US), Inc.
Receiving Stream: Yadkin River Sub -Basin: 03-07-02
Stream Class: C River Basin: Yadkin -Pee Dee
Latitude: 36.244947 Longitude:-80.844753
Facility
i
Location
(not to scale)
North NPDES Permit No. NC0005312
Surry Count
Water Resources
ENVIRONMENTAL QUAL'.iY
ROY COOPER
<aw,
MICHAEL S. REGAN
LINDA CULPEPPER
m,r,'r„ " W"a"
PERMIT NAME/OWNERSHIP CHANGE FORM RECEIVED/DENRIDWR
CURRENT PERMIT INFORMATION: JAN 30 2018
Permit Number: NC00 U oZ or NCG5 / / / / Water Resources
----- — — — — — Permitting Section
1. Facility Name: of, X5;K 4,-z4C,
II. NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
a. Change in ownership of property/company
_k_b. Name change only
c. Other (please explain
2. Neww owner's name (name to be put on permit):
DOVA t`TEX Cl)5). TJc.
3. New owner's or i Wing official' name and title: cot r M • /I t_c�
(Person legally esponsible for permit)
�i.Nd47KM�YAI �yOrZeIMATO�
(Title)
4. Mailing address: ox 179 City: Gu" oz9
State: ME
Zip Code:
Phone: ( _%)T ) 876 —1 H f 8
E-mail address:
ScvTt,Tra
yc02
pUV4L:tA- • COM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
[see reverse side of this page for signature requirements]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https:Hdeq. nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits
NPDES Name & Ownership Change
Page 2 of 2
Applicant's Certification:
A y mac._ 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 and attachments are not included, this application
package will be returned as incomplete.
Signature: "'g-Z -V-c,k Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 1112017
State of North Carolina
Department of the Secretary of State
ARTICLES OF AMENDMENT
BUSINESS CORPORATION
Pursuant to §55-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles of
Amendment for the purpose of amending its Articles of Incorporation.
1. The name of the corporation is: True Textiles, Inc. ( R, R146A W ELK,N , IN c , 1
2. The text of each amendment adopted is m follows (State below or attach):
The name of the Corporation is "Dwaltex (US), Inc."
3. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the
amendment, if not contained in the amendment itself, are as follows:
WA
4. The date of adoption of each amendment was as follows- December 1, 2017
S. (Check either a, b, c, or d, whichever is applicable)
a.Il7'he amendment(s) was (were) duly adopted by the incorporators prior to the issuance of shares.
b.nThe amendment(s) was (were) duly adopted by the board of directors prior to the issuance of shares.
c.nThe amendment(s) was (wen:) duly adopted by the board of directors without shareholder action as shareholder action
was not required because (setforth a brief "planation of why shareholder action war not required.)
d.nThc amcndment(s) was (were) approved by shareholder action, and such shareholder approval was obtained as required
by Chapter 55 of the North Carolina General Statutes.
9IISTNESS REGISTRATION DNISION P. O. BOX 29622 RAI.EiGil, NC: 29626-0622
(Revtred July 2017) (Form B-02)
ARTICLES ON AMENDMENT
Page 2
6. These articles will be effective upon filing, unless a delayed time and date is specified:
This the 1st day of December 2017
Duvaftex (US), Inc. (fortrredy True Textiles. Inc.)
aw4fScorporation
—Signature
Denis Chabot, Exec VP & CFO
Type or Print Name and
NOTES:
1. Filing lee is S50. This document must be God with the Secretary of Stale.
BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RAT.EIGH, NC 27626-0622
(Revised July 2017) (Form 11-02)
Suit of D(U6Am
S."IAN of Suit
Dhk(oe of corponeon,
Ddheed 11:13 A1111.01,1011
FILED 11:13 AM 12All2011
SR 201773331SH - FOe Number 5867788
CERTIFICATE OF AMENDMENT OF CERTIFICATE OF INCORPORATION
OF TRUE TEXTILES, INC.
True Textiles, Inc. (the "Corporation"), a corporation organized and existing
under the General Corporation Law of the State of Delaware, hereby certifies as follows:
i. This Certificate of Amendment (the "Certificate of Amendment") amends the
provisions of the Corporation's Certificate of Incorporation previously filed with the
Secretary of State (the "Certificate of Incorporation").
2. Article FIRST of the Certificate of Incorporation is hereby amended and restated
in its entirety as follows:
"The name of the Corporation is "Duvaltex (US), Inc."
3. This amendment was duly adopted in accordance with the provisions of Sections
228 and 242 of the General Corporation Law of the State of Delaware.
4. All other provisions of the Certificate of Incorporation shall remain in full force
and effect.
IN WITNESS WHEREOF, the Corporation has caused this Certificate of
Amendment to be signed by Alain Duval, its President, this 1st day of December,
2017,
Name: Alain Duval
Title: President
STATE OF NORTH CAROLINA
Department of the Secretary of State
DESIGNATION OF REGISTERED OFFICE ADDRESS
AND/OR REGISTERED AGENT
Pursuant to §55D-30 and §550-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the
purpose of designating a registered office and/or registered agent in the State of North Carolina.
I. The name of the entity is, Duvaltex (US), Inc.
2. (Check if applicable). ❑ The entity currently has no registered office on file with the Secretary of State.
3. (Check if applicable). ❑The mailing address of the registered office is not on file with the Secretary of State.
4. The street address and county of the entity's designated registered office is:
Number and Street: 304 East Main Street
city: Elkin
State: NC Zip code: 28621 County: Surry
5. The mailing address Jdifferent from the street address of the designated registered office is:
Number and Street: PO Box 530
City Elkin
State: NC 'Lip Code: 2B621 County: Surry
6. (Check if applicable). ❑ The entity currently has no registered agent on file with the Secretary of State,
7. The name of the designated registered agent and the designated registered written consent to the appointment appears
below
Duvaltex (US), Inc. �jj EVP & CFO
(Type or Print Name of New Agent) \ (Signaiu & Thle')
8. The address of the entity's registered office and the address of the business Office of Its registered agent, as desip ated herein,
will be identical.
9. This statement will be effective upon filing, unless a date and/or time is specified:
10. This is the8th day of December, 2017
Duvaltex (US), Inc.
(Nam ofEmfty)
(Signature)
Denis Chabot, Exec VP & CFO
NOTES:(Type or Print Name and 'Title)
I. Fling feeis $5.00, One eseeoted statement must be fried with the Secretary of State
t This form is for use by entities that have not filed the mitre of a registered agent or address of a registered office with the Business Registration
Division.
' Instead of signing here, the new registered agent may sign a separate written cement to the appointment, which most be attached to this
statement.
BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622
(Revised July, 2017) (Norm B&05)