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HomeMy WebLinkAboutNC0083658_Permit Modification_20140502NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 02, 2014 ATTN: Mr. Paul M. Heim Daikin Applied Americas, Inc. 13600 Industrial Park Blvd Minneapolis, MN 55441 Subject: Dear Mr. Heim: John E. Skvada, III Secretary NPDES Permit Modification- Name and/or Ownership Change Permit Number NCO083658 Heatcraft Site, (GW-REM) New Hanover County Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on April 21, 2014. This permit modification documents the change of ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Wastewater Branch at (919) 807-6304. cc: Sincer ly, G / /WX Thomas A. Reeder .. Central Piles Wilmington Regional Office NPDES Unit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury SL Raleigh, North Carolina 27604 One Phone: 919A07-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 M Carolina Internetualwww.nnitykA ralUveAg Naturally An Equal opportunity 1 Afirma6ve Action Empbyer Permit NC0083658 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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 Water Quality Commission, and the Federal Water Pollution Control Act, as amended, Daikin Applied America, Inc. 13600 Industrial Park Blvd Minneapolis, Minnesota 55441 is hereby authorized to discharge wastewater from a facility located at the former HeatCraft Site - Groundwater Remediation (GW- REM) 602 Sunnyvale Drive, Wilmington New Hanover County to receiving waters designated as an unnamed tributary to Barnard's Creek within the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective May 02, 2014. This permit and the authorization to discharge shall expire at midnight on December 31, 2016. Signed this day May 02, 2014. �. Reeder, Director of Water Resources By the Authority of the Environmental Management Commission Permit NCO083658 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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 included herein. Daikin Applied America, Inc. is hereby authorized to 1. continue to operate facilities to treat a discharge from a groundwater-remediation system designed for chlorinated solvents, consisting of • seven (7) each groundwater extraction wells [EW #1 thru EW #7] • primary accumulation tank • two (2) each QED EZ-24 6SS air strippers • appurtenant valves and flow meters • discharge pipe to an unlined ditch located at the former HeatCraft Site GW-REM, 602 Sunnyvale Drive, Wilmington, New Hanover County, and 2. discharge from said treatment works via Outfall 001, a location specified on the attached map, into an unnamed tributary (UT) to Barnard's Creek [stream segment 18-88], a waterbody currently classified C; Swamp within Subbasin 03-06-17 of the Cape Fear River Basin. Permit NCO083658 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated, remediated groundwater via Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Weekly, Daily Measurement Sample, Sample. CHARACTERISTICS [Parameter Codes] - Average Average Maximum Frequency Type' Location Flow (MGD) 0.360 Continuous Recording Influent or [50050] Effluent Trichloroethylene (TCE) 1 30 µg/L Monthly Grab Effluent [78391 ] pH [00400] Not < 6.0 nor > 9.0 Standard Units Monthly Grab Effluent WET Testing 2 [THP3B] Quarterly Grab Effluent EPA 6012 Annually Grab Effluent Footnotes: 1. After a minimum of one year (12 monthly samples), the Permittee may petition the Division to review analytical data and revise the monitoring frequency, as data warrant. Samples shall be collected concurrently with WET test sampling. 2. Whole Effluent Toxicity (WET) Testing; Chronic (Ceriodaphnia dubia) P/F at 90%: during the months of February, May, August and November [see § A. (2)]. Condition: The Permittee shall discharge no floating solids or foam. Permit NCO083658 A. (2.) CHRONIC TOXICITY PERMIT LIMIT - (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%. The permit holder shall perform at a minimum, guarterlY monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, May, August and November. Effluent sampling for this testing 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 -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) 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, DWQ 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. Should the Permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. 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. Environmental Resources, Inc. April 16, 2014 North Carolina Department of Environment Division of Water Quality RECEIVEDIDENR/DWR Attn: Surface Water Protection Section APR 21 2014 1617 Mail Service Center Raleigh, NC 27699-1617 Permitting Section Re: Former Heatcraft Remediation Site NPDES Permit #0083658 Daikin Applied Americas, Inc. (formerly AAF-McQuay Inc) Wilmington, New Hanover County CORR Environmental Resources Inc. on behalf of Daikin Applied Americas, Inc. (formerly AAF-McQuay Inc.) is submitting the enclosed Permit Name/Ownership Change Form for the above referenced former Heatcraft remediation site in Wilmington. AAF-McQuay Inc underwent a name change in late 2013 to Daikin Applied America Inc. (Daikin). There was no change in ownership of the former AAF-McQuay entity, only the referenced name change. The enclosed documents include the NCDENR Change Form signed by Mr. Paul Heim, Vice -President, Legal, the Certificate of Amendment of Certificate of Incorporation of AAF-McQuay Inc to Daikin Applied America Inc signed by the Chief Executive Officer and Secretary and two certifications by the Secretary of State for Delaware. There are no other changes in regard to the NPDES permittee and signature authorities. All contact information and Operators Responsible in Charge also will remain the same. If there are any questions regarding the enclosed form MR-1 for the site in general, please contact me at 972-303-1039. Cordially, CORR Environmental Resources Inc. Raymond Roblin, PG Principal Cc: Paul Heim — AMI ORC Site File Enclosure 4609 Candlestick • Garland,Texas 75043 . Phone (972) 303-1039 • Fax (972) 534-1725 Email: correri@verizon.net State of North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory, Governor John E. Skvarla III, Secretary Thomas A. Reeder, Director BHA NCDENR PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT Permit Information: Permit Number(s): i.e. NCO012345 or NCG500123 NCO083658 Permit Holder's Name: AAF McQuay, Inc Facility Name: Heateraft Site, Groundwater Remediation (GW- REM) 11. NEW Owner/Name Information: RECEIVEDIDENRIDWR 1. This request for a name change is a result of: APR 2 1 2014 ❑ a. Change in ownership of property/company Water Resources Permitting Section ® b. Name change only ❑ c. Other (please explain): 2. New owner's name (name to be pat on permit): Daikin Applied Americas Inc. 3. New owner's or signing official's name and title (Person legally responsible far permit): Paul M. Heim Name Legal Title 4. Mailing Address: Address: 13600 Industrial Park Blvd City: Minneapolis State: MN Zip: 55441- Telephone #: 763-551-5671 Cell #: 651-335-9761 Email: paul.lieim(a)daikinapplied.eom 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 807-M FAX (919) 807-M9 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper 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 (property deed, articles of incorporation, or sales agreement) CERTIFICATION: 1, Paul M. Heim , 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: Date: 4-, it�k'l-lct THIS COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DENR / DWR / WQ Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 mpk / Revised 911113 State of Delaware Secretaof State Division Of Corporations Delivered 11:37 AI�1 09/30/2013 FILED 11:20 AM 0913012013 SRV 131141936 - 2290374 FILE CERTIFICATE OF AMENDMENT OF CERTIFICATE OF INCORPORATION OF AAF-MCQUAY INC. AAF-McQuay Inc., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the" Company) does hereby certify: FIRST: That the Board of Directors of said Company, by the unanimous written consent of its members, filed with the minutes of the Board, duly adopted a resolution proposing and declaring advisable the following amendment of the Certificate of Incorporation of said Company: RESOLVED, that the Board of Directors hereby proposes and recommends, subject to approval by a favorable vote by a majority of the stockholders of the Company, that the name of the Company be changed to `Daikin Applied Americas Inc." and that the appropriate officers of the Company file an amendment to the Certificate of Incorporation of the Company to effectuate such change. SECOND: That in lieu of a meeting and vote of the stockholder, a Unanimous Written Consent of the Sole Stockholder in Lieu of Special Meeting of the stockholder of the Company was fully executed by the sole stockholder of the Company, giving unanimous written consent to the change in the name of the Company to Daikin Applied Americans Inc. and to the filing of all documents necessary or advisable to carry out such change, all in accordance with Section 228 of the General Corporation Law of the State of Delaware. THIRD: That Article FIRST of the Certificate of Incorporation of AAF-McQuay Inc. is hereby deleted in its entirety and replaced in its entirety with the following: `EMT: Corporate Name. The name of the Corporation (which is hereinafter referred to as the`SCorporatiori) is: Daikin Applied Americas Inc" FOURTH: That the aforesaid amendment was duly adopted in accordance with the provisions of Sections 242 and 228 of the General Corporation Law of the State of Delaware. FIFTH: This Certificate of Amendment shall be effective as of October 1, 2013. IN WITNESS WHEREOF, AAF-McQuay Inc. has caused this Certificate to be signed this 300' day of September, 2013. AAF-McQUA Y INC. Oe By: Katsuhiko Takagi Chief Executive 0 /icer and President Attested: LIM Deltaware PAGE Z 2Ce First State If JEFFREY W . BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "AAF-MCQUAY INC. ", CHANGING ITS NAME FROM "AAF-MCQUAY INC." TO "DAIKIN APPLIED AMERICAS INC. ", FILED IN THIS OFFICE ON THE THIRTIETH DAY OF SEPTEMBER, A.D. 2013, AT 11: 20 O'CLOCK A.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AMENDMENT IS THE FIRST DAY OF OCTOBER, A.D. 2013. 2290374 8100 131141936 You may verify this certificate online at corp.delaware.gov/authver.shbal Jeffrey W. Bullock, Secretary of State AUTHEN TION: 0775229 DATE: 09-30-13 a Deliaware PAGE 1 `die First state I, JEFFREY W . BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "DAIKIN APPLIED AMERICAS INC." IS DULY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE FIRST DAY OF OCTOBER, A.D. 2013. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL REPORTS HAVE BEEN FILED TO DATE. AND I DO HEREBY FURTHER CERTIFY THAT THE FRANCHISE TAXES HAVE BEEN PAID TO DATE. 2290374 8300 131146566 You may verify this certificate online at core.delavrare.gov/authvsr.shtml w -qSQW� Jeffrey W. Bullock, Secretary of State AUTHEN TION: 0777869 DATE: 10-01-13