Loading...
HomeMy WebLinkAboutWQ0012709_Return_20240423ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 23, 2024 TERESA K. SWINSON RJS PROPERTIES OF NORTH CAROLINA, LLC 750 CROOMSBRIDGE ROAD BURGAW, NORTH CAROLINA 28425 Dear Ms. Swinson, Subject: Application No. WQ0012709 Permit Application Return Wells Pork -Beef Products WWTF Wastewater Irrigation System Pender County This letter is in response to your permit renewal request received on February 12, 2024. During the review of your renewal application, the Division determined that RJS Properties of North Carolina, LLC no longer owns the property containing the Wells Pork -Beef Products wastewater treatment and irrigation system. Division review of the Pender County Geographic Information System (GIS) shows that facility changed ownership to Jerusalem Meats LLC on September 8, 2023. Accordingly, the Division is returning your renewal application pursuant to G.S. 143-215.IW). Please submit a Change of Ownership application (attached) that has been signed by representatives of RJS Properties of North Carolina, LLC and Jerusalem Meats LLC. Please note that it is still the responsibility of RJS Properties of North Carolina, LLC to comply with all terms and conditions of Permit No. WQ0012709 until the Division transfers the permit to Jerusalem Meats LLC. Please be advised that construction and/or operation of the subject facilities without a valid permit is a violation of G.S. 143-215.1, and may subject you to appropriate enforcement actions pursuant to G.S. 143-215.6A.9 613, and 6C. The Division may assess civil penalties of up to $25,000 per day per violation for failure to secure a valid permit. Please submit the requested change of ownership application within 30 days of receipt of this letter. Failure to provide the requested change of ownership application shall result in a Notice of Violation and may include a civil penalty assessment. D � North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA '.'roMMm 0­; /I 919,707,9000 Ms. Teresa K. Swinson April 23, 2024 Page 2 of 2 If you need additional information concerning this letter, please contact me at (919) 707-3653 or nathamel.thoinburR&deq.nc. gov. Sincerely, � Do�cuyySignedby- Nathaniel D. Thornburg, Branch Chief Division of Water Resources Enclosure cc: Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) State of North Carolina Department of Environmental Quality DWR Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION This form is for ownership changes or name changes of a non -discharge system permit. Please note that "Permittee" references the existing permit holder, and that "Applicant" references the entity applying for the ownership/name change. For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit website A. Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) Application (All Applications): ❑ Submit an original completed and appropriately executed Non -Discharge Permit Ownership/Name Change (FORM: NDPONC 06-16) application. ❑ The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ❑ The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). B. Existing Permit (All Applications): ❑ Submit a copy of the most recently issued permit. C. Property Ownership Documentation (All Applications): ➢ Per 15A NCAC 02T .0504(f), 15A NCAC 02T .0604(e), 15A NCAC 02T .0704(f), 15A NCAC 02T .0804, 15A NCAC 02T .1004(d), 15A NCAC 02T .I104(d)(7), 15A NCAC 02T .I 104(e)(5), 15A NCAC 02U .0201(e) or 15A NCAC 02U .0202(f), the Applicant shall demonstrate they are the owner of all property containing the non -discharge system facilities: ❑ Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or ❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or ❑ Written notarized lease agreement that specifically indicates the intended use of the property and has been signed by both parties, as well as a plat or survey map. Lease agreements shall adhere to the requirements of 15A NCAC 02L .0107. D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility): ❑ Per 15A NCAC 02T .0115(a)(1), provide one copy of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the non -discharge system. E. Operational Agreements (All Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be sold): ➢ Home/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit an original proposed or approved Articles of Incorporation, Declarations and By- laws. ➢ Developers of lots to be sold ❑ Per 15A NCAC 02T .0115(b), submit an original of the properly executed Operational Agreement (FORM: DEV). F. Operation and Maintenance Agreement (All Applications for Single -Family Wastewater Irrigation Systems): ❑ Per 15A NCAC 02T .0604(h), submit an original of a notarized Operation and Maintenance Agreement (FORM: SFRWWIS O&M) that has been signed and dated by all deeded property owners. THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE BRANCH By U.S. Postal Service: 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 By Courier/Special Delivery: 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27604 TELEPHONE NUMBER: (919) 707-3654 INSTRUCTIONS FOR FORM: NDPONC 06-16 & SUPPORTING DOCUMENTATION Page 1 of 1 State of North Carolina nWR Department of Environmental Quality Division of Water Resources NON -DISCHARGE PERMIT OWNERSHIP/NAME CHANGE Division of Water Resources FORM: NDPONC 06-16 L EXISTING PERMITTEE INFORMATION: 1. Permittee's name: RJS Properties of North Carolina, LLC 2. Signature authority's name: Teresa K. Swinson per 15A NCAC 02T .0106(b) Title: Member 3. Permittee's mailing address: 708 Tear Shirt Rd. City: Mount Olive State: NC Zip: 28365- 4. Permittee's contact information: Phone number: (910) 259-2523 Email Address: teresaswinsonggoldengrove.com 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Permittee or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ® No IL FACILITY INFORMATION: 1. Facility name: Wells Pork -Beef Products WWTF 2. Facility's physical address: 750 Croomsbridge Rd. City: Burgaw State: NC Zip: 28425-7964 County: Pender III. PERMIT INFORMATION: 1. Existing permit number: WQ0012709 and most recent issuance date: May 8, 2017 2. Existing permit type: Wastewater Irrigation 3. Reason for the permit application: Change of Ownership 4. Has the facility been constructed? ® Yes or ❑ No I►NW.111UUIM1VYr1►1TOt1l V.110 OWN 1. Applicant's name: Jerusalem Meats LLC 2. Signature authority's name: Jameel Mohammed per 15A NCAC 02T .0106(b) Title: Managing Member 3. Applicant's mailing address: 750 Croomsbridge Rd. City: Burgaw State: NC Zip: 28425-7964 4. Applicant's contact information: Phone number: (_) = Email Address: 5. Demonstration of historical consideration for permit approval — 15A NCAC 02T .0120: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ® No FORM: NDPONC 06-16 Page 1 of 2 Existing Permittee's Certification per 15A NCAC 02T .0106(b): I, attest that this application for (Signature Authority's name & title from Application Item L2.) (Facility name from Application Item 11.1.) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify that the existing Permittee or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Applicant's Certification per 15A NCAC 02T .0106(b): I, Date: (Signature Authority's name & title from Application Item IV2.) (Facility name from Application Item II.1.) attest that this application for has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after reissuance of the permit into the Applicant's name, any discharge of wastewater from this non -discharge system to surface waters or the land will result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the Applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees per 15A NCAC 02T .0105(e). NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Date: FORM: NDPONC 06-16 Page 2 of 2