HomeMy WebLinkAboutNCGNE1637_Application_20230830 Gvrf4u4(7 G vn014?c NC&Q503g7
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Division of Energy, Mineral, and Land Resources DEMLR-Stormwater Program
National Pollutant Discharge Elimination System
No Exposure Certification for Exclusion
NCGNE0000
Submission of this No Exposure Certification constitutes notification that your facility does not require a permit for
stormwater discharges associated with industrial activity in the State of North Carolina because it qualifies for a no
exposure exclusion. A condition of no exposure at an industrial facility means all industrial materials and activities
are protected by a storm resistant shelter (with some exceptions) to prevent exposure to rain, snow, snowmelt,
and/or runoff. Industrial materials or activities include, but are not limited to:
• material handling equipment or activities, • by-products,
• industrial machinery, . final products, or
• raw materials, • waste products.
• intermediate products,
Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw
material, intermediate product,final product,or waste product.
A storm resistant shelter is not required for industrial materials stored in the following container types, provided
the containers are not deteriorated and do not leak:
• drums, • tanks,and
• barrels, . similar containers.
For new facilities, applicants should apply no earlier than 60 days before the start of operation. This will allow
DEMLR staff to verify conditions during active operation. For facilities that already have an industrial stormwater
permit in North Carolina, DEMLR must approve your application for No Exposure Certification before this exclusion
is effective. Until you are issued a No Exposure Certification and your NPDES permit is rescinded,your facility must
continue to abide by the terms and conditions of the current permit.
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion.Additionally,
the exclusion from NPDES permitting is available on a facility-wide basis only— not for individual outfalls. If any
industrial activities or materials are,or will be,exposed to precipitation,the facility is not eligible forthe no exposure
exclusion. By signing and submitting this No Exposure Certification form,you certify that a condition of no exposure
exists at this facility or site and are obligated to comply with the terms and conditions of 40 CFR 122.26(g).
For new facilities,applicants should not apply more than 60 days before the start of operation date.This
If approved,your conditional No Exposure Certification has no expiration date but must be self-recertified at least
annually. Please look for information about recertification under the No Exposure section on this page:
https•//dep nc gov/about/divisions/energy-mineral-land-resources/npdes-no-exposure.
Directions: Print or type all entries on this application form. Send the original, signed application to: NCDEMLR
Stormwater Program, 1612 MSC, Raleigh, NC 27699-1622. The submission of this form does not guarantee
exclusion from NPDES stormwater permitting. Prior to exclusion from NPDES stormwater permitting a site
inspection will be conducted.
Page 1 of 6
1. Owner/Operator(to whom all permit correspondence will be mailed):
Name of legal organizational entity: Legally responsible person(as signed in Item 7 below):
Pactiv LLC John Perkins
Street address: City: State Zip Code
1447 Enterprise Blvd Kinston NC 28504
Telephone number: Email address:
252-520-5012 john.perkins@pactivevergreen.com
Type of Ownership:
Government
❑County ❑ Federal ❑ Municipal ❑ State
Non-government
19 Business(If ownership is business,a copy of NCSOS report must be included with this application)
❑ Individual
2. Industrial Facility (facility requesting exclusion):
Facility name: Facility environmental contact:
Kinston Facility Timothy Jarman
Street address: Telephone number:
1447 Enterprise Blvd 252-933-1183
Email address:
timothyjarman@pactivevergreen.com
City County State Zip Code
Kinston Lenoir NC 28504
Latitude of eofentranc 35.27241808306722,-77.66756057487696
Longitude of entrance:
Parcel Identification Number(PIN):
29185
Date operation began: Standard Industrial Classification(SIC)Code:
2657
Brief description of the types of industrial activities and products produced at this facility:
Manufacturing of paper cups,cartons and lids for food packaging purposes
3. Consultant(if applicable):
Name of consultant: Consulting firm:
Eric White ERM
Street address: City: State and zip code:
235 Magmth Darby Blvd,Suite 130 Mt Pleasant SC 29464
Telephone number: Email address:
832-924-5058 eric.white@etm.com
4. Exposure Checklists
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future?If you
answer"Yes"to any of these items,you are not eligible for the no exposure exclusion.
Using,storing,or cleaning industrial machinery or equipment,and areas where residuals from
using,storing,or cleaning industrial machinery or equipment remain and are exposed to ❑Yes 19 No ❑ N/A
stormwater
Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑Yes 19 No ❑ N/A
Materials or products from past industrial activity ❑Yes lit No❑ N/A
Material handling equipment(except adequately maintained vehicles) ❑Yes 11 No❑ N/A
Page 3 of 6
Materials or products during loading/unloading or transporting activities ❑Yes 19 No ❑ N/A
Materials or products stored outdoors(except final products intended for outside use[e.g.,new ❑ Yes 19 No ❑ N/A
cars]where exposure to stormwater does not result in the discharge of pollutants)
Materials contained in open,deteriorated,non-sealed',or leaking storage drums barrels,tanks, ❑Yes No❑ N/A
and similar containers
Materials or products handled/stored on roads or railways owned or maintained by the discharger ❑Yes 19 No❑ N/A
Final products that would be mobilized in stormwater discharges(e.g.,rock salt) ❑Yes 19 No❑ N/A
Waste material(except waste in covered,non-leaking containers[e.g.,dumpsters]) ❑Yes 16 No ❑ N/A
Application or disposal of process wastewater(unless otherwise permitted) ❑Yes 16 No❑ N/A
Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise ❑Yes 19 No ❑ N/A
regulated(i.e.under an air quality control permit)and evident in the stormwater outflow
Empty containers that previously contained materials that are not properly stored(i.e.,not closed ❑Yes Ild No ❑ N/A
and stored upside down to prevent precipitation accumulation)
For any exterior ASTs,as well as drums,barrels,tanks and similar containers stored outside,has ❑Yes 116 No ❑ N/A
the facility had any releases in the past three(3)years?
'Sealed means banded or otherwise secured and with locked or non-operational taps or valves.
Above Ground Storage Tanks(ASTs)and Secondary Containment
If you answer"No"to any of the following items,you are not eligible for the no exposure exclusion.
Are exterior ASTs or piping free of rust,damaged or weathered coating,pits,or deterioration,or (dyes❑ No El N/A
evidence of leaks?
Is secondary containment provided for all exterior ASTs?If so, is it free of any cracks,holes,or (dyes No ❑ N/A
evidence of leaks,and are drain valves maintained locked shut?
Is secondary containment provided for single above ground storage containers(including drums, eyes O No ❑ N/A
barrels,etc.)with a capacity of more than 660-gallons?
Is secondary containment provided for above ground storage containers stored in close proximity IdYes O No❑ N/A
to each other with a combined capacity of more than 1,320 gallons?
Is secondary containment provided for Title III section 313 Superfund Amendments and
Reauthorization Act(SARA)water priority chemicals? 1
❑Yes O No 16 N/A
Is secondary containment provided for hazardous substances designated in 40 CFR§116? ❑Yes O No fd N/A
Are release valves on all secondary containment structures locked? 11(Yes O No❑ N/A
Other information
If you answer"Yes"to any of the following items,you might not be eligible for the no exposure exclusion.A more
in-depth evaluation of the site circumstances may be required.
Are vehicles used in material handling in disrepair and/or leaking fluid? ❑Yes 16 No ❑ N/A
Does this facility store used,recycled,or otherwise reclaimed pallets outside? ❑Yes 16 No ❑ N/A
Does this facility have coal piles on site? ❑Yes Id No ❑ N/A
Does this facility store other fuel sources outside in piles,such as wood chips,sawdust,etc.? ❑Yes V No ❑ N/A
Page 4 of 6
Does this facility have air emissions associated with industrial activity(e.g.,degreasing operations, d Yes❑ No ❑ N/A
plating,painting,or metal finishing)? Printing and forming
If yes: paper cups, cartons
Describe the industrial activity: and lids.
Manufacturing
Are those emissions permitted by an Air Quality Permit? Ig Yes ❑ No plastic lids.
Please specify:
S. Other Facility Conditions(check all that apply and explain accordingly):
❑This facility has other NPDES permits.
If checked,list the permit numbers for all current NPDES permits:
❑This facility has Non-Discharge permits(e.g.recycle permit).
If checked,list the permit numbers for all current Non-Discharge permits:
❑This facility stores hazardous waste in the 100-year floodplain.
If checked,describe how the area is protected from flooding:
❑This facility is a(mark all that apply)
9 Hazardous Waste Generation Facility The Facility is a Very Small Quantity Generator(VSGQ).The Facility's
❑ Hazardous Waste Treatment Facility Handler ID is NCR000002477.
❑ Hazardous Waste Storage Facility
❑ Hazardous Waste Disposal Facility
If checked,indicate:
• Kilograms of waste generated each month:
• Type(s)of waste:
• How material is stored:
• Where material is stored:
• Number of waste shipments per year:
• Name of transport/disposal vendor:
• Transport/disposal vendor EPA ID:
• Vendor address:
❑This facility is located on a Brownfield or SUPERFUND site.
If checked,briefly describe the site conditions:
❑This facility is located on Native American lands.
6. Required Items (Application will be returned unless all of the following items have been included):
91 Copy of most recent Annual Report to the NC Secretary of State(if applicable)
P)This completed application and any supporting documentation
Copy of county map or USGS quad sheet with the location of the facility clearly marked
Page 5 of 6
7. Applicant Certification
North Carolina General Statute 143-215.6B(i)provides that: Any person who knowingly makes any false statement,
representation,or certification in any application,record,report,plan,or other document filed or required to be maintained
under this Article or a rule implementing this Article ...shall be guilty of a Class 2 misdemeanor which may include a fine not
to exceed ten thousand dollars($10,000).I hereby request exclusion from NPDES stormwater permitting.
Under penalty of law,I certify that:
I am the person responsible for the industrial activity,for satisfying the requirements of this exclusion,and for any civil
or criminal penalties incurred due to violations of this exclusion.
0" 1 have read and understand the eligibility requirements for claiming a condition of"no exposure"and obtaining an
exclusion from NPDES stormwater permitting.
L9" There are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial
facility or site identified in this document(except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to maintain no exposure conditions and complete a Self-Recertification form at least
once each year and,if requested,provide this certification to the operator of the local municipal separate storm sewer
system(MS4)into which the facility discharges(where applicable).I understand that I must allow the North Carolina
Division of Energy,Mineral,and Land Resources,or MS4 operator where applicable,to perform inspections to confirm
the condition of no exposure and to make such inspection reports publicly available upon request. I understand I must
keep a copy of annual recertifications on file at the facility.
I understand that in the event that the site no longer qualifies for a No Exposure Exclusion that I must obtain coverage
under an NPDES permit prior to any point source discharge of stormwater from the facility.
Er The information submitted in this N01 is,to the best of my knowledge and belief,true,accurate,and complete based on
my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the
information.
Printed Name of Person Signing: T r2r K\n5
Title: ��avi � ManaSEr
OL, aS ao�3
Signa ure of pplica t Date Si ned
Mail the entire package to: DEMLR—StormwaterProgram
Department of Environmental Quality
1612 Mail Service Center
Raleigh, INC 27699-1612
Page 6 of 6
,off....
` '/ ' � LIMITED LIABILITY COMPANY ANNUAL REPORT
I1612b1
NAME OF LIMITED LIABILITY COMPANY: Pactiv LLC
Filing Office use Only
SECRETARY OF STATE ID NUMBER: 1237223 STATE OF FORMATION: DE E-Filed Annual Report
1237223
REPORT FOR THE CALENDAR YEAR: CA20
2023 49 1/31/20 37040223 06:00
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Corporation Service Company
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
2626 Glenwood Ave Ste 550 2626 Glenwood Ave Ste 550
Raleigh, NC 27608 Wake County Raleigh,NC 27608
SECTION B: PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Manufacture and Distribute Food Packaging
2.PRINCIPAL OFFICE PHONE NUMBER: (800)476-4300 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS
1900 W.Field Court 1900 W.Field Court
Lake Forest,IL 60045 Lake Forest,IL 60045
6.Select one of the following if applicable.(Optional see instructions)
❑ The company is a veteran-owned small business
❑ The company is a service-disabled veteran-owned small business
SECTION C: COMPANY OFFICIALS(Enter additional company officials in Section E.)
NAME: Pactiv Evergreen Group Holdings Inc. NAME: Chandra Mitchell NAME:
TITLE: Manager TITLE: Secretary TITLE:
ADDRESS: ADDRESS: ADDRESS:
1900 W.Field Court 1900 W.Field Court
Lake Forest,IL 60045 Lake Forest, IL 60045
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Chandra Mitchell 1/31/2023
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Chandra Mitchell Secretary
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525
*Note: The facility '' • t„ � ', �_
discharges to a stretch
of Falling Creek that is
not a NC 303(d)-listed
impaired waterbody.
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Figure 1 — Site Location
Pactiv — Kinston Facility
1447 Enterprise Blvd, Kinston, NC
ERM
Source: USGS topographic map by National Map(®2016)