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HomeMy WebLinkAboutNCG050418_Name-Owner Change Supporting Info_20230918 September 12,2023 512 North Salisbury Street, 6t"Floor(Office 640K) 1612 Mail Service Center Raleigh,NC 27699-1612 Dear DEMLR Stormwater Program: Lydall Thermal Acoustical, Inc. have been bought by L International Holdings, Inc. and the name of the company has been changed to Lydech Thermal Acoustical, Inc. We are submitting the NPDES Stormwater Permit Name/Ownership Change Form to notify NPDES of this change and included the Equity Purchase Agreement and W-9 for proof of transfer of ownership. This change will be for both facilities under Lydall Thermal Acoustical, Inc. which are Lydall Thermal Acoustical, Inc.—Yadkinville (NCG050418)and Lydall Thermal Acoustical, Inc.—Hamptonville(NCG050419). The industrial activities and stormwater discharge locations at the facilities will remain the same as under the previous owner. With this change we are also updating the signing official's name and permit contact. We have not registered for eDMR yet so we have included the Stormwater eReporting Registration Form and the Delegation of Signature Authority form for reference and will submit those to the correct contacts as well. We have included the following: • NPDES Stormwater Permit Name/Ownership Change Form • Equity Purchase Agreement • W-9 Lydech Thermal Acoustical, Inc. • Stormwater eReporting Registration Form • Delegation of Signature Authority Form If you have any questions or require any additional information, please contact me at(336)468-5284 or at cmoss@lydech.com. Sincerely, Conrad Moss Manager Environmental, Health and Safety Lydech Thermal Acoustical, Inc. .3 -A. N� b�'j� Z� NC DEPARTMENT OF ENVIRONMENTAL QUALITY {, DIVISION OF Energy, Mineral, and Land Resources r •q : STORMWATER PROGRAM NORTH CAROLINA Environmental Quality NPDES STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCS / / / / /_ or NCG 0 / 5/ 0 /.4 / 1 / 8 1. Facility Name (prior to change): Lydall Thermal Acoustical Inc II. NEW OWNER/NAME INFORMATION: 2. This request for a name change is a result of: X a. Change in ownership of property/company b. Name change only(Facility and/or Company) c. Other(please explain): (for example,facility address update. Include additional attachments if necessary.) 3. New owner's name (name to be put on permit as Permittee): Lydech Thermal Acoustical, Inc. 4. New owner's or signing official's name and title: Michael Johnston (Person legally responsible for permit) General Manager (Title) 5. Mailing address: City: Hamptonville State: NC Zip Code: 27020 Phone: ( 336 ) 466-3655 E-mail address: mjohnstonlydech.com cl�i 6. New facility name (if applicable): Lydech Thermal Acoustical Inc - Yadkinville 7. Effective date of transfer or name change: 8/7/2023 DE�.�- North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources 512 North Salisbury Street 11612 Mall Service Center I Raleigh.North Carolina 27699-1612 +. M M mti, .* /' 919.707.9200 NPDES Stormwater Permit Name/Ownership Change Page 2 of 2 III. PERMIT AND FACILITY CONTACT INFORMATION 8. New permit contact's name and title: Conrad Moss (Permit Contact) Manager, Environmental, Health & Safety (Title) 9. Mailing address: 1245 Buck Shoals Road city: Hamptonville State: NC Zip Code: 27020 Phone: ( 336 ) 468-5284 E-mail address: _ cmossc lydech.com 10. New facility contact's name and title: Conrad Moss (Facility Contact) Manager, Environmental. Health & Safety (Title) 11. Mailing address: 1245 Buck Shoals Road City: Hamptonville State: NC Zip Code: 27020 Phone: ( 336 )468-5284 E-mail address: cross(al,lydech.com 12. New billing contact's name: Conrad Moss (Billing Contact) 13. Mailing address: 1245 Buck Shoals Road City: Hamptonville State: NC Zip Code: 27020 Phone: ( 336 )468-5284 E-mail address: cmoss aA,lydech.com IV. FACILITY ACTIVITIES AND DISCHARGE INFORMATION 1. Will industrial activities at the facility remain the same as under the previous owner? Yes. No ❑ 2. Will the stormwater discharge location(s) remain the same? YesXl No ❑ NOTE: If either of these questions is answered "No,"then more information is needed to review the request. Please attach documentation to describe and explain the changes to the facility activities, storm water discharges, and/or outfall location. Depending on the information provided, the Division may require that the new owner file a new permit application. Last Revised 3/13/2022 NPDES Stormwater Permit Name/Ownership Change Page 2 of 2 THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE ITEMS LISTED BELOW ARE INCLUDED. REQUIRED ITEMS: 1. This completed application form (with original signature) 2. Legal documentation of transfer of ownership (such as relevant pages of a deed or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change but can be provided for a name change. 3. Information to document facility, industrial activities,stormwater discharges, or outfall changes as noted in item IV above (if appropriate) Why is this information needed? Regulations in 40 CFR§122.63 allow for minor modifications to NPDES permits for a change of ownership or operational control of a facility, provided that information supports that no other change in the permit are necessary. Why does this form need to be mailed in? Permittees and applicants must fulfill signatory requirements in the NPDES federal regulations in 40 CFR §122.22 (please see those regulations for guidance). Until NCDEQ's electronic submission process meets Cross-Media Electronic Reporting (CROMERR) requirements, this original signed (not digital signature) form must be mailed to the address below. The uploaded copy is stored as part of the permit record in the Division's digital repository. Applicant's Certification: I� Michael Johnston , attest that the application for a name and/or ownership change submitted 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, or if all required supporting information is not included, this application package will be considered incomplete and may be returned. a Signature: Date: a /j 5J 2 THE COMPLETED A CATION AND ALL SUPPORTING INFORMATION SHOULD BE SENT TO: DEMLR Stormwater Program 512 North Salisbury Street, 6th Floor (Office 640K) 1612 Mail Service Center Raleigh, NC 27699-1612 Last Revised 3/13/2022 i f, ... ., >.: ROY COOPER '4 Governor ` i / ,. ELIZABETH S.BISER • ..... Secretary .e,com DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality Stormwater Delegation of Signature Authority Form (DOSA) This form shall be used to delegate signature authority from the permit Owner (Permittee) to another party. Only the Responsible Official defined below may submit permit applications and reports required by the permit (such as Data Monitoring Reports and Annual Reports) until this form is completed and submitted to the DEMLR Stormwater Program. Please note that delegating signature authority does not relieve the Permit Owner from the responsibility and compliance for permit compliance. Permit Owner: The legal entity to which/whom a perinft,has been issued and may be an individual or an organization such as a company or government agency. Every Owner is required to have a Responsible Official who meets the legal signature authority requirements in 40 CFR 122.22, summarized below: • For a corporation,the Responsible Official shall be a president,secretary,treasurer,or vice president in charge of a principal business function,or another individual who performs similar functions for the corporation,or the manager of one or more manufacturing,production,or operating facilities who is authorized to make management decisions about the facility operation. • For a partnership or sole proprietorship,the Responsible Official shall be a general partner or the proprietor,respectively;or • For a municipality,State,Federal,or other public agency,the Responsible Official shall be either a principal executive officer[City/County Manager]or ranking elected official[Mayor]. Please mail the DOSA Form with original wet signatures to: NCDEMLRStormwater Program, 1612 MSC,Raleigh, NC 27699-1612 Name of Organizational Entity Lydech Thermal Acoustical Inc. Responsible Official Name Michael Johnston Responsible Official Title: General Manager Email Address: mjohnston@lydech.com Phone 1336-466-3655 Mailing Address 1245 Buck Shoals Road City Hamptonville State NC zip code 27020 S/30D—� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 27699-1612 (Monona(el twebannftwtal Mo.\ 919.707.9200 A. Persons to Receive Signature Authority The signatures of the persons listed below indicates their acceptance of signatory authority. Attach additional pages if you need more space. Delegated Party Name _ Conrad Moss Delegated Party Title Manager Environmental, Health & Safety Permit Number(s) NCG050418, NCG050419 Email Address: Phone cmoss@lydech.com 336-468-5284 Mailing Address 1245 Buck Shoals Road City Hamptonville State 'NC Zip code 27020 Signature of Delegated Party indicating acceptance of Signatory Authority: Date d//Z 23 Delegated Party Name Delegated Party Title Permit Number(s) Email Address: Phone Mailing Address City State Zip code Signature of Delegated Party indicating acceptance of Signatory Authority: Date Delegated Party Name Delegated Party Title Permit Number(s) Email Address: Phone Mailing Address City State Zip code Signature of Delegated Party indicating acceptance of Signatory Authority: Date Stormwater Permit Delegation of Signatory Authority Form Page 2 B. Responsible Official Signature The Responsible Official, as identified in accordance with 40 CFR 122.22, is the appropriate individual with the authority to sign and submit reports for the organization. As the Responsible Official,I, Michael Johnston (printed name), have the authority to enter into this Agreement for Lydech Thermal Acoustical Inc. — (Owner/Organization Name). I request that the DEMLR Stormwater Program include the persons listed in Part A of this form signatory authority for the above-named permit. I acknowledge that I, and the persons listed in Part A of this form work at/for my organization and have authority to act as a signatory for purposes of the NCDEQ's electronic document systems. By submitting this application,I, Michael Johnston (printed name),have read, understand,and accept the terms and conditions of the stormwater permit(s) for which I am the Responsible Official. POW Respons'I.le 0 icial Signature Manager " 0 0 5/25 Generalg Title Date Stormwater Permit Delegation of Signatory Authority Form Page 3 t: I �_ NC Department of Environmental Quality Division of Energy, Mineral and Land Resources NORTH CAROLINA Environmental Qualify Stormwater eReporting Registration Form Directions are in red. Completion of the Storm water Electronic Reporting (eReporting) Registration Form is a required step for the Owner and, if applicable, other User Account(s) to obtain the privilege of submitting electronic reports to DEQ and in lieu of submitting paper reports. In addition, this form allows for Owners to designate Facility Administrator(s) and Submitter(s) who can act on their behalf. Owner and User(s) must agree to the Electronic Signature Agreement (ESA) Conditions contained in this form. A. Owner Information The Owner is the legal entity to which/whom a permit has been issued. The Owner may be an individual or organization. Every Owner is required to have a Responsible Official who meets the legal signature authority requirements in 40 CFR 122.22. o For a corporation, this individual shall a president, secretary, treasurer, or vice-president in charge of a principal business function, or another individual who performs similar functions for the corporation, or the manager of one or more manufacturing, production, or operating facilities who is authorized to make management decisions about the facility operation. • For a partnership or sole proprietorship, this individual shall be a general partner or the proprietor, respectively; or • For a municipality, State, Federal, or other public agency, this individual shall be either a principal executive officer or ranking elected official. Owner Name: Lydech Thermal Acoustical, Inc. Title: General Manager Responsible Official Name: Michael Johnston Phone: 336-466-3655 Does the Responsible Official D Yes 1:1No If Yes, already have an eDMR account? User ID: Email Address: mjohnston@lydech.com Mailing Address: 1245 Buck Shoals Road city: Hamptonville State: NC zip: 27020 L Stormwater Electronic Reporting Registration Form Page 1 B. Permit Information Include all storm water permit currently held by the Owner(both Individual and General permits). Designate any applicable users for each permit. Attach additional pages if you need more space. Permit No. Facility Name Facility Address Name of the User (if applicable) NCG05041 8 Lydech Thermal Acoustical Inc. 601 East Main Street, Yadkinville NC NCG050419 Lydech Thermal Acoustical Inc. 1245 Buck Shoals Rd, Hamptonville,NC Stormwater Electronic Reporting Registration Form Page 2 C. User Account Information Include the following information for all User(s) listed in Part B. Attach additional pages if you need more space. Click on one or more of the two access roles available: Facility Administrator and/or Submitter. • If the user enters data and submits report on behalf of the facility, then the Submitter role should be requested. This role is automatically approved to enter and certify the data. This person must have signatory authority for the permit • If the user is the person responsible for managing user information for the facility/permit, then the Facility Administrator role should be requested. The Facility Administrator user can be assigned by the Responsible Official or can be assigned at the time of registration by the Storm water eDMR Administrator. Note: If this person is responsible for submitting eDMR reports, then they must have signatory authority for the permit. User Account Information Permit Number(s) NCG05041 8, NCG05041 9 Request Access Role. ❑✓ Submitter ❑✓ Facility Administrator Name: Conrad Moss Title: EH&S Manager Do you already have an eDMR If Yes, 336-468-5284 account? ❑Yes ❑✓ No Phone: User ID Organization: Lydech Thermal Acoustical Inc. Email Address: cmoss@lydech.com Mailing Address: 1245 Buck Shoals Road City: Hamptonville State: NC Zip: 27020 User Account Information Permit Number(s) Request Access Role: nSubmitter ❑Facility Administrator ame: Title: Do you already have an eDMR n If Yes, Yes I I No Phone: account? 'User ID Organization: _ Email Address: _ Mailing Address: City: State: Zip: User Account Information Permit Number(s) Request Access Role: nSubmitter in Facility Administrator Name. Title: Do you already have an eDMR ❑Yes ❑No If Yes, Phone: account? User ID Organization: Email Address: Mailing Address: City: State: Zip: Stormwater Electronic Reporting Registration Form Page 3 D. Electronic Signature Agreement Conditions To receive and accept the required electronic signature credential, consisting of a User ID and password, issued by the North Carolina Department of Environmental Quality (NCDEQ) in order to sign electronic documents submitted to NCDEQ's Electronic Document Systems and to receive electronic documents from NCDEQ's systems; The Responsible Official and other User Account(s) (if applicable) named in this form do herby: 1. Understand that this Electronic Signature Agreement requires me to submit electronic documents to NCDEQ's approved eDMR system under the authorized program in lieu of paper submissions. 2. Understand that this Electronic Signature Agreement requires me to accept electronic transmissions, in lieu of paper transmissions of all permits, permit modifications, authorizations to construct, and any other correspondence related to reviewing and processing permits from NCDEQ. This authorization will not become effective until NCDEQ establishes a system for processing electronic documents; I am notified in writing from NCDEQ that use of the electronic systems has officially been initiated; and North Carolina rules and statutes are changed to allow the implementation of electronic submittal and acceptance of documents. 3. Understand that this Electronic Signature Agreement requires me to submit electronic all necessary information for processing of NPDES application including information for renewal of existing permits, modification to existing permits, and applications for new discharge permits. The submittals may include all necessary applications and supporting documentation to NCDEQ's approved system for electronic submittals in lieu of paper submissions. This authorization will not become effective until NCDEQ establishes a system for processing electronic documents; I am notified in writing from NCDEQ that use of the electronic systems has officially been initiated; and North Carolina rules and statutes are changed to allow the implementation of electronic submittal and acceptance of documents. 4. Understand that this Electronic Signature Agreement requires me to accept electronic submissions, in lieu of paper submissions, of all Notices of Deficiency, Notices of Violation, Civil Penalty Assessments, and any other correspondence related to compliance with federal and state water quality laws and regulations that might be sent by NCDEQ. This authorization will not become effective until NCDEQ establishes a system for processing electronic documents; I am notified in writing from NCDEQ that use of the electronic systems has officially been initiated; and North Carolina rules and statutes are changed to allow the implementation of electronic submittal and acceptance of documents. 5. Agree to protect both the electronic signature credential, consisting of my User ID and password, and security questions and answers, from compromise and from use by anyone except me. Specifically, I agree to maintain the secrecy of my electronic signature credential and security questions and answers; I will not divulge or delegate my credential or security questions and answers to any other individual; I will not store my credential or security questions and answers in an unprotected location; and I will not allow my electronic signature credential or security questions and answers to be written into computer scripts to achieve automated log-in. 6. Understand and agree that I will be held as legally bound, obligated, and responsible for the use of my electronic signature as I would be using my hand-written signature. 7. Understand that I will be informed through my registered email address whenever my User ID or password has been modified. Stormwater Electronic Reporting Registration Form Page 4 8. Understand that eDMR reports the last date my User ID and password were used immediately after successfully logging into eDMR. 9. Agree to contact the NCDEQ SW-eDMR Administrator via email at SW-eDMR andeq.nc.gov as soon as possible, but no later than 24 hours, after suspecting or determining that my User ID and/or password have become lost, stolen or otherwise compromised. 10 Agree that I will review the contents of all electronic submissions prior to submission. 11. Understand that I will automatically receive an email receipt at my registered email address from the NCDEQ's SW-eDMR system for any submission that contains a valid electronic signature, identifying the document received, the signatory, and the date and time of receipt. 12. Agree to contact the NCDEQ SW-eDMR Administrator via email at SW-eDMR@deq.nc.gov if I do not receive an email receipt as specified above within five (5) business days for any electronically signed submission using my credentials. 13. Agree that if I received an email notification for an activity that I do not believe that I performed, I will notify the NCDDEQ SW-eDMR Administrator via email at SW- eDMR@dec 'lc.c;- as soon as possible, but no later than 24 hours, after receipt. 14 Agree to report, within 24 hours of discovery, any evidence of discrepancy between any electronic document I have signed and submitted and what the NCDEQ eDMR has received from me by contacting the NCDEQ SW-eDMR Administrator via email at SW-eDMR(6),deq.nc.gov. 15. Understand that the NCDEQ eDMR's system will automatically reject any electronic document submitted without a valid electronic signature if such signature is required. 16. Agree to contact the NCDEQ SW-eDMR Administrator via email at SW-eDMR t( deq.nc.gov within ten working days if my duties change and I no longer need to interact with eDMR on behalf of my organization. 17. Agree to notify the NCDEQ SW-eDMR Administrator via email at SW-eDMRAdeq.nc.gov if I cease to represent the regulated entity specified above as signatory of that organization's electronic submissions as soon as this change in relationship occurs. 18. Understand that the NCDEQ may contact the Organization's Responsible Official, who signs below to authorize me as a signatory for the Owner/Organization, in order to verify my identity. 19. Agree to retain a copy of this signed agreement as long as I continue to represent the regulated entity specified above as signatory of the Organization's electronic submissions. 20. Certify that I have the authority to enter into this Agreement on behalf of the Organization identified above, and I am a signatory authorized to represent that Organization, and I am able to sign and submit reports and other information on behalf of that Organization in the capacity required by statute and/or regulation. Stormwater Electronic Reporting Registration Form Page 5 E. Responsible Official Signature This form must be completed with an original wet signature (not digital) [40 CFR 122.22] The Responsible Official, as identified in accordance with 40 CFR 122.22, is the appropriate individual with the authority to sign and submit reports for the organization. Michael Johnston (printed name), have the authority to enter into this Agreement for Lydech Thermal Acoustical, Inc. (Owner/Organization Name). I request the NCDEQ grant me and, if included in Part B of this form, the named User(s), an electronic signature credential to submit and accept documents electronically on behalf of my organization. I acknowledge that I, and if included in Part B of this form, the named User(s), work at/for my organization and have authority to submit and accept electronic documents and act as a signatory for purposes of the NCDEQ's electronic document systems. By submitting this application, I, Michael Johnston (printed name), have read, understand, and accept the terms and conditions of this Electronic Signature Agreement. I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in the application, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.• General Manager /is/�3 Respo .ibl- Official Signature Title Date rn r ohnsk.cyr eDf(nR User ID Stormwater Electronic Reporting Registration Form Page 6 F. User Signature Provide a separate page for every User listed in Part B. This form must be completed with an original wet signature (not digital) [40 CFR 122.22] Users other than the Responsible Official who can submit this agreement to request to sign reports electronically and other information and to accept electronic documents. I, Conrad Moss (printed name), am authorized by the Responsible Official named in this document, who has the authority under the applicable standards, to enter into this agreement for Lydech Thermal Acoustical, Inc. (Owner/Organization Name). By submitting this application, I, Conrad Moss (printed name), have read, understand, and accept the terms and conditions of this Electronic Signature Agreement. I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information contained in the application, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. EHS Manager /L z User Signature Title Da cs o sS eDMR User ID Submit the completed Stormwater Electronic Reporting Registration Form in hard copy with original signature to: DEMLR Stormwater Program eDMR Attn: Stormwater eDMR Administrator 1612 Mail Service Center Raleigh, NC 27699-1612 Stormwater Electronic Reporting Registration Form Page 7