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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)