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HomeMy WebLinkAboutNCGNE0122_COMPLETE FILE - HISTORICAL_20161021 STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V CCU N�� I Get a DOC TYPE EJ/HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ �UI �o I � al YYYYMMDD PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Energy,Mineral and Land Resources TRACY DAMS ENVIRONMENTAL QUALITY October 21, 2016 Director Mr. Michael F. Wells Ardagh Metal Beverage USA Inc. 8770 West Bryn Mawr Avenue Chicago, 1L 60631 Subject: Name/Ownership Change Request No Exposure Certification NCGNE0122 Ardagh Metal Beverage USA Inc. Formerly Rexam Beverage Can Company Forsyth County Dear Mr. Wells: The Division has reviewed your submittal of the permit name/ownership change form for the subject Na-Exposure Certification. Division personnel have reviewed and approved your request to transfer the exclusion from NPDES stormwater permitting requirements. Please note that by our original acceptance of the No-Exposure Certification and by our approval of your request to transfer it, you are obligated to maintain no-exposure conditions at your facility. If conditions change such that your facility can no longer qualify for the no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Annual re-certification is required, and we have enclosed one blank Annual No Exposure Exclusion Self Re-Certification form for your use. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact the Stormwater Permitting Program at (919) 707-9220. gerely. 1 for Tracy E. Davis, P.E.; C , Director Division of Energy, Mineral and Land cc: Winston-Salem Regional Office Stormwater Permitting Films State of North Carolina I Environmental Quality`Energy,Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh,North Carolina 27699-1612 919 707 9220 T 4Aim- Arda hGrou g p www,ardaghgroup.com Ardagh Metal Beverage USA Inc. 600 North Bell Avenue Building 1, Suite 200 Carnegie, PA 15106 T: +1 412 923 1080 July 1, 2016 via FedEx Mr. Richard Riddle NCDEQ Division of Energy, Mineral and Land Resources Stormwater Permitting Program RECEIVED 1612 Mail Service Center Raleigh, NC 27699-1612 AIL 12 20M RE: Permit Transfer Request DENR-LAND QUALITY Rexam Beverage Can Company to STORMWATER PERMITTING Ardagh Metal Beverage USA Inc. 4000 Old Milwaukee Lane Winston-Salem, NC 27107 Dear Mr. Riddle, Pursuant to an Equity and Asset Purchase Agreement, dated as of April 22, 2016, by and among Ardagh Group, S.A., Ball Corporation and Rexam PLC, Rexam PLC shall cause its subsidiary, Rexam Beverage Can Company ("Rexam Beverage"), to convey its facility located at 4000 Old Milwaukee Lane, Winston-Salem, NC ("Facility")to Ardagh Metal Beverage USA Inc. ("Ardagh Metal"). The parties completed the transfer of the Facility to Ardagh Metal on June 30, 2016. As part of this letter, we are also enclosing the following: 4 • NPDES Name Owner Change Form, with Notarized signatures • Copy of the transaction Warranty Deed as required in Section VI of the form Please contact Mike Wells at(773) 399-3148 or michael.wells@ardaghgroup.com if you have any questions or comments with respect to the foregoing. Thank you for your attention to this matter. Sincerely, n oyas GeoAffW o cretary Director- EHS Ardagh Metal Beverage USA Inc. Ardagh Metal Beverage USA Inc Registered Office:1509 S.Macedonia Avenue.Muncie,IN USA 47307-4200 Division of Energy, Mineral & Land Resources FOR AGENCY USE ONLY Date Received iaAr'i';-wAl , Land Quality Section/Stormwater Permitting Year Month Da NCDENR National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM EMvipOrr+C Iwo Ng1Mw R!ldillt[! I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C, 1 S. 10 1 1 1 1 1 11 G 1 N I E 0 1 21 2 11. Permit status prior to requested change. a. Permit issued to(company name): Rexam Beverage Can Company b. Person legally responsible for permit: Geoff Wortley First M i Last EHS Director Title RV 8770 West Bryn Mawr Avenue 4 Permit Holder Mailing Address �JL Chicago IL 60631 D�NWA��R PU�M1V1�� city - State Zip vORM ( 773 ) 339 33i9 ( ) Phone Fax c. Facility name (discharge): Rexam Beverage Can Company d. Facility address: 4000 Old Milwaukee Lane Address Winston-Salem NC 27107 City State Zip e. Facility contact person: Harry Bryant Haselden ( 336 ) 785-8519 First /MI/ Last Phone 111. Please provide the following for the requested change (revised permit). a. Request for change is a result of: Change in ownership of the facility ® Name change of the facility or owner If other please explain: b. Permit issued to(company name): Arda h Metal Beverage USA Inc. c. Person legally responsible for permit: Michael F. Wells First Last EHS Manager Title 8770 West Bryn Mawr Avenue Permit Holder Mailing Address Chicago Illinois 60631 City State Zip ( 773 ) 399-3148 Michael.Wells@ardaghgroup.com Phone E-mail Address d. Facility name (discharge): Arda h Metal Beverage USA Inc. e. Facility address: 4000 Old Milwaukee Lane Address Winston-Salem NC 27107 City State Zip f. Facility contact person: Harry Bryant JHaseldonj First M 1 ast ( 336 ) 785-8519 Harry.Haseldon@ardaghgroup.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan.27,2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: Mike F. Wells First M 1 Last EHS Manager Title 8770 West Bryn Mawr Avenue Mailing Address Chicago Illinois 60631 City State Zip ( 773 ) 399-3148 Michael.Wells@ardaghgroup.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior N to this ownership or name change? X❑ Yes �+ ❑ No (please explain) Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS VI' q ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, a " or a bill of sale) is required for an ownership change request. Articles of incorporation are o:N not sufficient for an ownership change. See attached cover letter. a r- ................. U< d �, a The certifications below must be completed and signed by both the permit holder prior to the change, and he new applicant in the case of an ownership change request. For a name change request, the signed U. pplicant's Certification is sufficient. Y E. ERMITTEE CERTIFICATION (Permit holder prior to ownership change): Geoff aZ , wort�� , attest that this application for a name/ownership change has been reviewed and is accurate and _ '2 omplete to the best of my knowledge. I understand that if all required parts of this application are not ompleted and that if all required suppo 'ng information is not included, this application package will be returned as t . O ` Geoff Wortley - Director EHS 7 l Signature Date APPLICANT CERTIFICATION John I, soya$ , 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 is not included, this application package will be returned as incomplete. YolnBo, as - Secretary GSignat e Date 14 ..................................... PLEASE SENDTHE COMPLETE APPLICATION PACKAGE TO: CL U. Division of Energy, Mineral and Land Resources 7Stormwater PermltUng Prol,ram 1612 Mail Service Center 3 Raleigh, North Carolina 27699-1612 z a1I i� Revised Jan.27,2014 �-; is ....:� 'V L+��hf+ ` } � i—{{{;� � �Ix ��� � .L�� �•�r'�� �.1' \.rf'.�.1� �� ,+; L'V_fc .rS • n� ;� i �,� �i t_..�. .,....l�:� G ' rp�.�..+�,�ar.. 9 .. 3 i � '' F _ �i r s+ _ !*. i+ ' lJ' _3 '' L7 SPECIAL WARRANTY DEED Excise Tax:$15,253.20 Tax Parcel ID No. 6833-74-5561.00 Verified by Fors h County on the day of 2016 By: Mail/Box to: Shearman &Sterling LLP, 599 Lexington Avenue, New York, NY 10022-6069 This instrument was prepared under the supervision of: Phil Runkel,Womble Carlyle Sandrid_ e&Rice, LLP, One Wells Fargo Center, Ste 3500,301 South College St. Charlotte, NC 28202-6037 Brief description for the Index: 4000 Old Milwaukee Lane Winston Salem NC 27107 THIS DEED, made this the 30th day of June 2016, by and between GRANTOR: Rexam Beverage Can ComQany. a Delaware corporation whose mailing address is 8770 W Bryn Mawr, Suite 175, Chicago, Illinois 60631-3655 (herein referred to as Grantor)and GRANTEE: Ardagh Metal Beverage USA Inc. A Delaware corporation whose mailing address is c/o Arda h Metal Holdings USA Inc. Attn:John Bo as CFO 600 North Bell Ave #200, Carnyie, PA 15106 (herein referred to collectively as Grantee)and WITNESSETH: For valuable consideration from Grantee to Grantor,the receipt and sufficiency of which is hereby acknowledged,Grantor hereby gives, grants, bargains, sells and conveys unto Grantee in fee simple, subject to the Exceptions and Reservations hereinafter provided,if any,the following described property located in the City of Winston-Salem,County of Forsyth,State of North Carolina, more particularly described as follows: BEGINNING ON AN IRON STAKE IN THE EASTERN RIGHT-OF-WAY LINE OF OVERDALE ROAD, SAID IRON- STAKE BEING THE SOUTHWEST CORNER OF THE H.F.C.S. TRANSPORT COMPANY PROPERTY AS IS DESCRIBED IN DEED BOOK 1331, PAGE 1097 OF THE FORSYTH COUNTY REGISTER OF DEEDS OFFICE, SAID IRON STAKE ALSO HAVING NORTH CAROLINA GEODETIC SURVEY GRID COORDINATES OF N 834,865.137 FEET AND E 1,636,996.162 FEET; RUNNING THENCE WITH THE SAID EASTERN RIGHT-OF-WAY LINE OF OVERDALE ROAD, S 01 DEG. 28' 17"W 1049.56 FEET TO AN IRON STAKE;THENCE, LEAVING SAID EASTERN RIGHT-OF-WAY LINE AND CONTINUING WITH THE PROPERTY OF THE SCHLITZ BREWING COMPANY AS IS DESCRIBED IN DEED BOOK 1337, PAGE 1440,THE FOLLOWING SEVEN (7)COURSES AND DISTANCES, NAMELY: S 01 DEG. 26'35"W 360.60 FEET TO AN IRON STAKE; THENCE, S 89 DEG. 42'40" E 756.28 FEET TO AN IRON STAKE;THENCE, S 01 DEG, 39'07"W 17.36 FEET TO AN IRON STAKE;THENCE, S 53 DEG. 39'43" E 189.17 FEET TO AN IRON STAKE;THENCE, S 00 DEG.00'20"E 312.77 FEET TO AN IRON STAKE;THENCE,S 39 DEG. 14' 35"W 745.09 FEET TO AN IRON STAKE; THENCE, S 01 DEG. 14' 18"W 320.05 FEET TO A CONCRETE MONUMENT,A CORNER OF THE DUKE POWER COMPANY PROPERTY DESCRIBED IN DEED BOOK 312, PAGE 110;THENCE, S 01 DEG. 14'26"W CROSSING MUDDY CREEK-SOUTH FORK, 491.37 FEET TO A CONCRETE MONUMENT; THENCE, S 01 DEG. 17'48"W 15.99 FEET TO AN IRON STAKE; THENCE, N 89 DEG. 48' 30" E 1008.82 FEET TO AN IRON STAKE, THE SOUTHWEST CORNER OF THE DUKE POWER COMPANY PROPERTY DESCRIBED IN DEED BOOK 970, PAGE 302; THENCE,WITH LAST SAID DUKE POWER COMPANY PROPERTY AND CONTINUING WITH THE WEST LINE OF THE CALVIN GRAVES, ET AL. PROPERTY, THE FOLLOWING FOUR(4)COURSES AND DISTANCES, NAMELY: N 00 DEG. 10'55"E CROSSING SAID CREEK, 1778.37 FEET TO AN IRON STAKE;THENCE, S 89 DEG. 12'01"W 438.40 FEET TO AN IRON STAKE;THENCE, N 16 DEG. 52' 18"W 330.67 FEET TO AN IRON STAKE; THENCE, S 89 DEG. 31'44" E 149.93 FEET TO A PLANTED STONE,THE SOUTHWEST CORNER OF THE CITY OF WINSTON-SALEM PROPERTY AS IS DESCRIBED IN DEED BOOK 989, PAGE 615;THENCE, WITH THE SAID CITY PROPERTY,THE TWO(2) FOLLOWING COURSES AND DISTANCES, NAMELY: N 00 DEG. 17'01" E 1164.92 FEET TO AN IRON STAKE AT THE SOUTHERN TERMINUS OF THE EASTERN RIGHT-OF-WAY LINE OF OLD MILWAUKEE LANE AS IS SHOWN ON A PLAT RECORDED IN PLAT BOOK 26, PAGE 126;THENCE, FALLING IN WITH THE SOUTH LINE OF THE SAID H.F.C.S. TRANSPORT COMPANY PROPERTY, N 89 DEG.45'38"W 1018.73 FEET TO THE PLACE OF BEGINNING, CONTAINING 66.728 ACRES, MORE OR LESS. BEGINNING ON AN IRON STAKE IN THE WESTERN RIGHT-OF-WAY LINE OF OVERDALE ROAD, SAID IRON STAKE LYING DISTANT THE TWO(2) FOLLOWING COURSES AND DISTANCES FROM AN IRON STAKE IN THE EASTERN RIGHT-OF-WAY LINE OF SAID OVERDALE ROAD HAVING !NORTH CAROLINA GEODETIC SURVEY GRID COORDINATES OF N 834,865.137 FEET AND E 1,636,996,162 FEET AND BEING AT THE SOUTHWEST COMER OF THE H.F.C.S. TRANSPORT COMPANY PROPERTY AS IS DESCRIBED IN DEED BOOK 1331, PAGE 1097 OF THE FORSYTH COUNTY REGISTER OF DEEDS OFFICE, SAID TWO COURSES AND DISTANCES BEING NAMELY: S 01 DEG. 28' IT'W 1049.56 FEET TO AN IRON STAKE;THENCE, N 88 DEG. 35'48" W 60.0 FEET TO SAID POINT OF BEGINNING; RUNNING THENCE WITH THE SAID WESTERN RIGHT-OF-WAY LINE OF SAID OVERDALE ROAD THE FOLLOWING THREE(3)LINES, NAMELY: CLOCKWISE WITH THE ARC OF A CIRCULAR CURVE WHOSE RADIUS IS 344.83 FEET TO A POINT LOCATED BY THE CHORD, S 31 DEG. 05'20"W 341.13 FEET TO AN IRON STAKE;THENCE, S 60 DEG.44'04"W 515.04 FEET TO AN IRON STAKE; THENCE, CLOCKWISE WITH THE ARC OF A CIRCULAR CURVE WHOSE RADIUS IS 349.19 FEET TO AN IRON STAKE LOCATED BY THE CHORD S 72 DEG, 44'39"W 145.32 FEET, SAID IRON STAKE BEING IN THE EASTERN RIGHT-OF-WAY LINE OF SOUTHERN RAILWAYS WINSTON-SALEM SOUTHBOUND TRACT; THENCE, WITH THE SAID EASTERN RIGHT-OF-WAY LINE THE FOLLOWING FIVE(5) LINES, NAMELY: N 35 DEG. 32'47" E 122.38 FEET TO AN IRON STAKE;THENCE, S 00 DEG. 10' 13"W 25.88 FEET TO AN IRON STAKE; THENCE, N 34 DEG.42'34" E 69.35 FEET TO AN IRON STAKE;THENCE, N 32 DEG.05'27" E 103.34 FEET TO AN IRON STAKE;THENCE,COUNTER-CLOCKWISE WITH THE ARC OF A CIRCULAR CURVE WHOSE RADIUS IS 1020.36 FEET,TO AN IRON STAKE LOCATED BY THE CHORD, N 11 DEG. 59'30" E 638.04 FEET;THENCE, S 88 DEG.34'26"E 472.60 FEET TO AN IRON STAKE IN THE WESTERN RIGHT-OF-WAY LINE OF SAID OVERDALE ROAD; THENCE,WITH SAID WESTERN RIGHT-OF-WAY LINE, S 01 DEG. 28' 11"W 243.67 FEET TO THE PLACE OF BEGINNING. CONTAINING 7.138 ACRES, MORE OR LESS. Said property having been previously conveyed to Grantor by instrument(s)recorded in Book 1824, Page 1639,and being reflected on plat(s)recorded in Map/Plat Book , page/slide All or a portion of the property herein conveyed _includes or X does not include the primary residence of a Grantor. TO HAVE AND TO HOLD unto Grantee,together with all privileges and appurtenances thereunto belonging,in fee simple, subject to the Exceptions and Reservations hereinafter and hereinabove provided, if any. And Grantor hereby warrants that Grantor has done nothing to impair the title as received by Grantor and that Grantor will forever warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor. This conveyance is made subject to the following Exceptions and Reservations: None. All references to Grantor and Grantee as used herein shall include the parties as well as thdir heirs,successors and assigns, and shall include the singular, plural, masculine,feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (Signature Page follows] Rexam Beverage Can Company,a Delaware corporation (Entity Name) sy.Tint/Type Name&TkIe: _Joshua..R. Markus, General Counse]. STATE OF ILLINOIS COUNTY OF . COOK Mary K. McDonald— I, _ Purciarello a Notary Public of the County of Cook State of Illinois do hereby certify that Joshua R. Markus General Counselof exam Beverage Can oEpany , (�personally known to me or( ) who proved to me on the basis of satisfactory evidence to be the person described,personally appeared before me this day and acknowledged that she voluntarily signed the foregoing instrument for the purpose stated therein. Witness, my hand and official seal, this 21st day of .tune , 2016. , (SEAL) Notarf Public My commission expires: opricIAL SEAL 0 7 MARY X MCI)ONALD•PURCIARELLO fVatar'Public-State V1111% la fly 6.mmission Upires W(1,2011 1 os7970-CHISR02A-MSW RECEIVED N.C.beat.of ENR �r JuN 0 s zoos NCDENRWinston-Salem North Carolina Department of Environment and Natural Resources Regional �E Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary .tune 7, 2011 Mr. James J. Cielak, Tax Specialist Rexam Beverage Can Co. 2520 Lively Blvd. .Elk Grove, 1L 60007-67274 Subject: Rexarn Beverage Can Co. Winston-Salem, NC Real and Personal Property Tax Certification Number TCS WS-148 FORSYTH COUNTY Dear Mr. Cielak: As per your request, the staff of the Division of Water Quality has completed 'the review of the Tax Certification Request for real and personal property from your office for information received and completed on March 2, 2011. As a result of review of application and an on site investigation April 14, 2011, please find all tched a copy of Tax Certification Number TCS WS-148 issued by this office to Rexarn Beverage Can Co. for subject facility located in Forsyth County. There was previously a Tax Certification TCS-539 issued for this facility in March 1997. A copy of this Tax Certification TCS WS-148 is being sent to the Forsyth County Tax Office along with a copy of this letter. Please note that as part of this Tax Certification process, the DENR staff did not make any efforts to confirm either the cost of the items certified or the year of their construction or acquisition. If there is a need for any additional information or clarification, please do not hesitate to contact either Mr. Gerald Horton of our staff at geraid.horton@ncdenr.gov or at 919 715-6219 or mark.hubbard@ncdenr.gov or at 919 715-6224, Sin�ei•ely, 2 ark L. ublbard, PE, Assistant Chief Construction Grants & Loans Section (1!V E I%a rrl: Attachments cc: Janice Fishler, Plant controller, Rexam Beverage Can Co., 4000 Old Milwaukee Lane, Winston-Salem, NC 27107 Pete Rodda, Forsyth County Tax Assessor/Collector, PO Box 157, Winston-Salem, NC 27102 Corey Basinger, Winston-Salem DWQ Regional Office, 585 %Vaughton St., Winston-Salem, NC 27107 Construction Grants &Loans Section —Gerald W. Horton. PE PERCS JUP#3010 ra$HkfFU'ru'utt h'�uege,r;ertLrsnciVar.C.rti{icain'•.r•a�ratslRer.a,n Bear;a Ca,�"rrrp=_r;`,Rca+� BeE;, .r n,.Ceri ttri(; -f`,'�l'ii!il i�l�i dnr Construction Grants 6 loans Section -One IG33 Mag Service Center Ralaigh NC 27699-1633 NorthCarolina Phone:913-733-ESDO / FAX 919-715-6229 / Internet:httn://nortal.ncdt;iir.org( �ItllPl>t��lf An Equal Opportunity/Affirmative Action Employer-59%Recycled /10%Post Consumer Paper J r�, -�.., , � .. i , � � if .. r � I d ® ® � opwk "ONR N C4 D E NoPnri CAROLINA DEPAIVIF.,,,LN-I'of ENVIRONMENT AND NATU1W. I0"mSOURGF'S North Carolina Division of Water Quality TAX CERTIFICATION NUMBER TCS-WS-148 In accordance with the provisions of the North Carolina General Statutes G.S. 105-275.(8) this . is to certify that, Rexam Beverage Can Co. 4000 Old Milwaukee Iaane Winston-Salem,NC 27107 FORSYTHE Countv filed a request for tax certification for real and personal property covered under the Division of Water Quality NPDES Permit NC 003 7834, issued to Winston-Salem for the Archie Elledge WWTP, pretreatment program-Industrial Use permit#3010. On April 14, 2011, staff of the Division of Water Quality inspected these wastewater facilities and found or observed, based on the information supplied by the applicant, that the facilities listed on the attached application meet the following requirements for Tax Certification: except item #I Deionized water system. 1. The property has been constructed and installed; 2. The property complies with the requirements of the EMC; 3. The property is being effectively operated in accordance with the terms and conditions of-' approvals issued by the EMC; and 4. The-property has as its primary rather than incidental 'purpose the reduction of water pollution resulting from the discharge of sewage or waste. Please note that as part of this Tax Certification process the DENR staff did not make any efforts to confirm either the cost of the items certified or the year of their acquisition. DATE TAX CERTIFICATION ISSUED: June 77, 2011 G i LIV Mark L. Hubbard, P.E., Assistant Chief Construction Grants & Loans Section cc: James J. Cielak, Tax Specialist, Rexam Beverage Can Co., 2520 Lively Blvd.,Elk Grove, IL 60007-6727 Pete Rodda, Forsyth County Tax Assessor/Collector, PO Box 757, Winston-Salem, NC 27102 Corey Basinger, Winston-Salem DWQ Regional Office, 585 Waughton St., Winston-Salem, NC 27107 Construction Grants &Loans Section--Gerald W. Horton, PE PERCS IUP#3010 IL t ' � AU. _a�rr JAN0 .. ° I ffF 1Use A TGN—rCS-( ,0- "� This application is to be used-only-for waste treatment systems and ent under the authori of the NC Division of Water Quality DWQ) Rev. 04/01/2007 m DIRECTIONS:Complete and mail a signed copy to both: 1)the County Tax Administrator for the County in which the facility is located AND 2)the regional office of the Division of Water Quality. Type or print in blue or black ink. A separate application is required for each facility where property proposed for tax certification is located. THIS APPLICATION WILL NOT BE PROCESSED WITHOUT COMPLETE AND ACCURATE INFORMATION. If you have any questions regarding this application,please call the local tax office or the NC Division of Water Quality Regional Office responsible for the county in which the facility is located(see wvaw.enr.state.nc.us/html/regionaloffires.htmi for regional contact information). Please Note: Tax Certifications will only be processed for facilities under the authority of the DWQ and only if the DWQ has found that the described property: 1,Has been or will be constructed or installed; 2.Complies with or that plans therefore which have been submitted to the DWQ indicate that it will comply with the requirements of the Environmental Management Commission, 3.Is being effectively operated or will,when completed,be required to operate in accordance with the terms and conditions of the permit,certificate of approval,or other document of approval issued by the DWQ;and 4.Has or,when completed,will have as its PRIMARY rather than incidental purpose the reduction of water pollution. 5.The property is being used exclusive) 100% for waste treatment. A.Applicant LApplicant is the owner of,and taxpayer for,the properly described in this application for tax certification. Name of Applicant: Name of Facility: Rexam Beverage Can Com any Rexam Beverage Can Company Address of Applicant,if different from facility where property located. Physical Address of Facility where property located(no P.O. Box): 2520 Lively Blvd, Elk Grove Village, IL 60007-6727 4000 Old Milwaukee Ln Winston-Salem 27107 (address) (city) (zip) (street address) (city) (zip) Business Relationship of Applicant to facility where property located: Coun where pr2peLtj located: Forsylb Owner Name of Contact Person at Facility where property located: Janice Fishler Does the Applicant hold any NC Division of Water Quality Permits? x❑Yes I ❑ No Title: Plant Controller Phone Number: 3362UM35 If yes,please list Permit No s i 3010 Is this the first Tax Certification issued for this Facility? ' ❑ Yes 1 ® No If no,attach any reviously issued tax certifications March 17 1997 - TCS-539 B.Complete this Section only if the OperatorlUser of the facility and equipment is different from the Owner of the facility. Name of Operator/User; Operator/User Address. (address) (city) (zip) Operator/User Contact Name: Relationship between Operator/User of facility and equipment and applicant. ATTACH A PROCESS SCHEMATIC TO YOUR APPLICATION The number of each item for which Tax Certification is beinq requested must be shown on the schematic Application Continues on Next Page -> rn DIVISION OF WATER QUALITY TAX CERTIFICATION & EXEMPTION APPLICATION PAGE2 Waste Treatment Systems&Equipment: waste treatment systems 8 equipment must be used exdLjsivuiy for the abatement of water pollution IEey G&MI17M7 F W. blood il A MIN: Veh Cie Idanblicialoon PoVution Year of Original I l6twical teplacong 2 prim Descriation of Waste Treatment SyiWrs or EgLipmeni Member(YIN) Flow is lh!;equpment used'of odlution abalement? Abalornert CC51— 135set? SwE. "go 02..Mw w.It whTEA m CL -r-D. Mod,.&dL—.j Pop-It-.—.,y :It th.: 1,III�11111-4 1,th.DVYQ pwn%k,th,d•..ripil.11...16. II.Ld —c•rnfy th. M P-11-11 El�—t L-nNI IIVOCAIIC�,11�d Ih M,ONG p-Wt.Uw aWl— —4 4 d•W1.4 I,F--d 1.why 046—1 A-14�-Ufv I-r� �ce"14.611. FacillItICS: To quality for tax ce rtifica lion,the buii[ding.or section of building being applied for,must be used exclusiveiy for water pollution prevention. A sketch of the building,square footage along with details as to how the building is used for water pollution prevention,is required. 0C Land, To quality for lax certification,the land must be used exclusively for water pollution prevention. A schematic diagram of the facility detailing the[and toeing applied for is required. The amount of land (acreage)is required and how this land is being used to prevent water pollution. For wastewater treatment and irrigation system list separately the acreage used for actual treatment from the acreage required by the facility's wafer quality permit for buffers and setbacks. 0 SIGNATURE: 1 li certify that the above equipment,facilities and/or land are used for the Purpose Stated,and that the information presented In this application is accurate. Furtharrincorc,I ccriftythat any portable or mobile equipment listed on this application wil be used exclusively in the state of North Carolina Applicant Signature: Title: Date: rN *irw name alsol m.4 NOTICE: The penalty for false StatOment,reprarent0tion or cartificaiian Of: CY I) herein includes Imprisonment area!ortho assessment of civil ponahles. -(Name O(Applimni Husncsr Entity)00 tcvw cc 00 00 00 .ZI DIVISION OF WATER QUALITY TAX CERTIFICATION & EXEMPTION APPLICATION PAGE2 Waste Treatment Systems & Equipment: Waste treatment systems&equipment must be used exclusively for the abatement of water pollution Rev 0410112007 tF yiGt� Asset Number,Vehic! %of Use for Is this asset i:,r•;+;{)i;?t u:a odyrn^ Was asset listed in Identification Number Pollution Year o1 Onginal Historical replacing a prior 'vwcanH Aae,ONYv W g (:uin Ds:T iv'i:e Description of Waste Treatment Systems or Equipment the permit Yes/No ' (YIN)_ How is this equipment used for pollution abatement's Abatement Acquisition Cost" asset? a l ;r`1•"v:YS 'rs'i v; Vf 3tft ,ft. •13 14 Attacch�tadddional pages d necessary may' '11 the asset is listed in the DWO perch,the description must be identical as fisted on the current permit.H the asset is riot specifically listed in the DWQ permit the applicant must attach derailed information as to why the asset should qualify for Tax Certuication. When certifying systems or equipment,DENR is not certifying the cost of the equipment or the year of acquisition. Facilities: To qualify for tax certification,the building or section of building being applied for,must be used exclusively for water pollution prevention. A sketch of the building,square footage along with details as to how the building is used for water pollution prevention,is required. Land: To qualify for tax certification,the land must be used exclusively for water pollution prevention. A schematic diagram of the facility detailing the land being applied for is required. The amount of land (acreage)is required and how this land is being used to prevent water pollution. For wastewater treatment and irrigation system list separately the acreage used for actual treatment from the acreage required by the facility's water quality permit for buffers and setbacks. SIGNATURE: I hereby certify that the above equipment,facilities and/or land are used for the purpose stated,and that the information presented in this application is accurate. Furthermore,I certify that any portable or mobile equipment listed on this application will be used exclusiv in the state of North Carolina Applicant Signature: _ " L-� Title: Fax Specialist Date: (print name also) NOTICE: The natty for false statement,representation or certification Of: Rexam Beverage Can Company herein includes imprisonment and!or the assessment of civil penalties. (Name of Applicant Business Entity) Tc.irrc -T, C'e C ,,..; [) C (y, (•:. +� {� (eei 9'1 c�i cM) (�. cJ � r- t:i r�) r- �,� - r: - - - - I i ' i � ~I 28) I � ,I � IL' 1_r;=: � ^� � ~� r -_.a � �+ •I N w U LP I Ir Ox C DOORS + -I- — — f- — ; — f- L--- -- 1-9-14-20-21 d y — — — 26-27-28 i I I I I I i E i I I �.i..--•- � :- I� 10' wide — + - — DOORS 12-13-16-22 23- 25 20' wide DOORS 12-13-22-23 Fire Doors DOORS ----}-----�1 l�-- -- - - - 1-9-•17-26-27 Dock Levelers - - F LA w 1 E o , i @ s I ' we7sw� i f 19 �q��od 2 � C E 6. . �L-.P a 2- - - - i I I I 1 6 v 7 Sm 21 20 _ a c 'U RESAM o - U) w ro f' State of North Carolina Department of Environment, Health and Natural Resources live Winston-Salem Regional Office �- m OM James B. Hunt, Governor ®� H N Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY -- Water Quality Section -- March 17, 1997 Mr. James J. Cielak Tax Specialist - Audit Coordinator American National Can Company 8770 West Bryn Mawr Avenue Chicago, Illinois 60631-3542 SUBJECT: Tax Certification No. TCS-539 American National Can Company 4000 Old Milwaukee Lane Winston-Salem, Forsyth County Dear Mr. Cielak: Transmitted herewith is Tax Certificate No. TCS-539 pertaining to ownership and operation of the existing wastewater pretreatment facility at the subject location and permitted under Permit No. 1210 issued by the City of Winston-Salem. This certificate may be used.to obtain tax benefits from Forsyth County in conformance with appropriate North Carolina General Statutes. Sincerely, - - - - - - - Larry D. Coble Regional Supervisor cc: William Rodda, Forsyth County Tax Supervisor Central Files WSRO i - i 585 Woughtown Street,Winston-Salem,NC 27107-2241 Telephone 910-771-4600 FAX 910-771-4632 An Equal opportunity Affirmative Action Employer 50%recycled/ 1o%post-consumer paper L DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Raleigh TAX CERTIFICATION (Franchise/privilege; Amortization; Property)' In accordance with the provisions of the General Statutes of North Carolina (G.S. 105-122(d); 105--130.10, 105-147(13), 105-275(8), this is to certify that: American National Can Company 4000 Old Milwaukee Lane Winston—Salem, N.C. 27107 is the Owner and Operator of an existing pretreatment system on their property and has been issued Permit No. 1210 by the City of Winston—Salem to operate the following equipment: Caustic, acid and polymer mixing tanks for flocculation, oil water separator and holding tanks, computerized lime silo, two plate frame clarifiers and an effluent weir box/sampling station, sludge holding tank, two filter presses and a sludge drying oven. The Environmental Management Commission and the Department of Environment, Health, and Natural Resources have found that the facility a. has been constructed or installed; b. complies with the requirements of the Commission; C. is being effectively operated in accordance with the terms and conditions of the permit, certificate of approval, or other document of approval issued by the Commission; and d. has as its primary rather than incidental purpose the reduction of water pollution resulting from the discharge of wastewaters. Issued at Winston—Salem, North Carolina, this the 17th day of March, 1997. By Direction of the N. C. Environmental Management Commission and the N. C. Department r of Environment, Health, and Natural Resources, i r Regio l Supervisor Certificate Number: TCS-539 City of Winston-Salem, North Carolina Industrial User Permit To Discharge Wastewater Under the City of Winston-Salem's Industrial Waste Control Program In compliance with the provisions of the City of Winston-Salem Sewer Use Resolution, North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the City of Winston-Salem. REXAM BEVERAGE CAN COMPANY 4000 Old Mibwaukee Lane Winston-Salem, North Carolina is hereby authorized to discharge wastewater from a facility located at the above listed address into the sanitary sewer collection system and the City of Winston-Salem's wastewater treatment facility: ARCHIE ELLEDGE WWTP NPDES ## NCO037834 2801 Griffith Road Winston-Salem,North Carolina in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in parts 1, II, and III of this Industrial User Permit (IUP). This permit shall become effective on April 1, 2010. - This permit and the authorization to discharge shall expire at midnight on June 30, 2012. Signed this day of , 2010. Sherry Bagwell,Utility Plant Supervisor City/County Utilities City of Winston-Salem North Carolina Permit Number 3010 Rexam Permit No.: 3010 Pipe#: 01 40 CFR#-.465 REXAM PART 1. SPECIFIC CONDITIONS A. PERMIT MODIFICATION HISTORY: Effective Date Description of Modification July 1, 2002 Permit# 3010 Issued Expires June 30, 2007 August 1, 2006 Rexam's discharge was routed to the New South Fork Pump Station that discharges to the Elledge WWTF July 1, 2007 Reissue Penriit# 3010 Expires June 30, 2012 March 1, 2008 Modified permit limits due to installation of new can washer line. February2, 2009 Installed new Parshall Flume April 1, 2010 Clarify self-monitoring pH as a monitoring requirement only. Clarify"changed conditions." B. AUTHORIZATION STATEMENT: 1. The permittee is hereby authorized to discharge wastewater in accordance with the effluent limitations, monitoring requirements, and all other conditions set forth in this Industrial User Permit (IUP) into the sewer collection system and wastewater treatment facility of the City of Winston-Salem. 2. The permittee is hereby authorized to continue to discharge domestic wastewater into the sewer collection system and wastewater treatment facility of the City of Winston-Salem. 3. The permittee is hereby authorized to continue operation of and discharge wastewater from the following treatment or pretreatment facilities: Chemical Precipitation, Oil/Water Separation, Grit Removal, Sedimentation, Filter Press and pH Neutralization. 4. The permittee is hereby authorized to construct and operate pretreatment units after receiving Authorization to Construct from the City of Winston-Salem to meet final effluent limitations. 2 •- . • 1. 1 ' ' / ' �ki�1�r��y�.i�� ��L}L,.� t,rUp�.�,',s�'� t' 'j3 � ir,N Fr ' _ i�.' ��'D,i.�P� �•'+-•.-� � _.+c3. lJ.y.d�`I� ; 0'�' �• of AY �'�� q � low { j. IT.r.. ';r3 'r-ii'"ry-riyr7 Ix p ¢-� —can,", 41 r� a,r-7� .r mpg i q�ys.Lr .r l' t ,�^ rj `j; xy t` <ry ar+t3 i ? t, f�fis.. a IN Rexam Permit No.: 3010 Pipe##: 01 40 CFR#:465 E. EFFLUENT LIMITS AND MONITORING REQUIREMENTS Effluent Limits and Monitoring Requirements for Pipe 01 Effective Date for these Limits: March 1, 2008 Expiration Date for these Limits: June 30, 2012 Minimum Sample• Monitoring Effluent Effluent Limitation Type Frequency Parameter : . Daily Monthly. Units (C)omposite By By.Cityof- Maximum Average or Permittee Winston- (G)rab Salem Flow 0.190 MGD Metered (*) Daily Chromium 0.250 mg/1 C 1/month 1/6 months Copper 0.050 mg/l C ]/month 1/6 months Fluoride 79.1 35.1 mg/l C 1/month 1/6 months Manganese 0.906 0.381 mg/1 C ]/month 1/6 months Phosphorus 22.2 9"1 mg/l C 1/month 1/6 months Zinc 0.750 mg/! C 1/montls 116 months Cyanide o 0.020IF mg/l G Annual 1l6 months HOG fZ 26 16 mg/I G 1/month 1/6 months TTO 0 0.240 mg/I G Umonth 1/6 months pH 5 - 10 pH units G 1/month(i;) 1/6 months A composite sample for the purpose of this permit is: Time Composite All metals are to he analyzed as total metals" * Flow measurement: See Part III Special Condition E. Q Cyanide Certification: See Part 11I Special Condition H for additional information. 0 Total Toxic Organic/HOG: See Part III Special Condition G foi additional information. ** I/month is defined as one sample during each calendar month. 1/6 months is defined as one sample collected from January I"through June 30'h and one sample from July I" through December 31". i; The analysis for pH self-monitoring may be conducted in-house and, as such, shall be considered process control and shall not be used for compliance purposes. Industrial sampling and monitoring charges shall apply for monitoring conducted by the City of Winston-Salem. Sampling and monitoring charges shall be established by the City/County Utility Commission and are on file in the City/County Utility Administration Office. 4 Rexam Permit No.: 3010 Pipe#: 01 40 CFR#: 465 PART II. GENERAL CONDITIONS A. DEFINITIONS In addition to the definitions in the City of Winston-Salem Sewer Use Resolution the following definitions and requirements apply: 1. "The City of Winston-Salem" or "the City," as used in this permit, shall mean the City/County Utility Commission, the City/County Utility, the City of Winston-Salem, or any combination of the three as is appropriate. 2. A "composite sample" for monitoring requirements, is the collection of: a. A minimum of four (4) grab samples collected at equally spaced time intervals during the entire discharge period on the sampling day(Time Composite); b. A minimum of four grab samples collected and proportioned according to discharge flow during the entire discharge period on the sampling day(Flow Proportioned); 3. A "daily"monitoying frequency shall mean each working day of discharge in which a regulated/process wastewater discharge occurs. 4. A"grab" sample, for monitoring requirements, is defined as a single "dip and take" sample collected at a representative point in the discharge stream. 5. A "monthly average" is defined as the arithmetic average of'all samples collected during a calendar month for a particular parameter. One sample can constitute a monthly average. 6. A "daily maximurn limit" is the highest concentration allowed on any calendar day. Any violation of a daily maximum limit constitutes an instantaneous violation of this permit. B. PROHIBITIVE DISCHARGE STANDARDS The permittee shall comply with the Prohibitive Discharge Standards included as Article IV, Section 46 of the City of Winston-Salem Sewer Use Resolution. - - - - C.- - -REPRESENTATIVE SA1ITPLING Samples and measurements taken as required by this permit shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring point(s) specified in this permit. Monitoring points shall not be changed without notification to, and written approval by the City of Winston-Salem. D. SAMPLING PROCEDURES AND APPROVED TEST hZETHODS Sampling procedures and approved test methods for the analysis and reporting of pollutants required in this permit shall be performed in accordance with all requirements outlined in 40 CFR Part 136 unless specified otherwise in the monitoring conditions of this permit. 5 Rex am Pennit No.: 3010 Pipe#: 01 40 CFR#:465 Any laboratory performing sampling or analyses to comply with the conditions of this permit must be certified by the State of North Carolina. It is the responsibility of the pennittee to assure that the laboratory used is certified for each parameter reported under this permit. All test procedures must produce minimum detection and reporting levels that are at or below the limits contained in this permit. All data generated must be reported down to the minimum detection or lower reporting level of the procedure. Any matrix interferences that cause reporting levels higher than permit limits must be documented to prove that every effort has been made to obtain the minimum detection levels. The City reserves the right to invalidate data and require resampling for parameters with detection levels higher than permit limits. E. MONITORING REPORTS AND SAMPLING REQUIREMENTS Self-monitoring reports shall be submitted as outlined in Part 11, Section G of this permit. For each measurement or sample taken to comply with this permit, the penmittcc shall record, maintain and make available to the City upon request: 1. The date, time and place of sampling and sample preservation techniques 2. The person performing the sampling 3. The person(or laboratory)performing the analyses 4. The date analyses were performed 5. The results of all analyses A copy of the appropriate Chain-of Custody document and a copy of the original laboratory report shall accompany all self-monitoring reports. F. ADDITIONAL MONITORING If the pennittee monitors any pollutant at the location designated in the permit more frequently than required by the permit, using the approved analytical methods in 40 CPR Part 136, the results of such monitoring shall be submitted to the City of Winston-Salem. The City of Winston-Salem may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. G. REPORTING Self-monitoring reports shall be submitted to the Industrial Waste Control Section postmarked no later than fifteen days from the end of the month in which the sample was collected. All correspondence and other documents required by this per-nut shall be submitted to: Industrial Waste Control Section City of Winston-Salem Manson Meads Complex 2799 Griffith Road Winston-Salem,NC 27103 6 Rexam Permit No.: 3010 Pipe#: 01 40 CFR#: 465 H. NONCOMPLIANCE WITH PERMIT LIMIT AND CONDITIONS The permittee shall report by telephone to the Industrial Waste Control Section (765-0130) within twenty-four (24) hours of receiving self-monitoring information or any other information that indicates that the facility is in non-compliance with any permit ]irritation or condition. If the sampling performed by the permittee indicates a violation, the permittee shall repeat the sampling and analysis for the non- compliant parameter(s) and submit the results of the repeat analysis to the City of Winston-Salem within 30 days after becoming aware of the violation. The permittee is not required to resample if it monitors on a monthly basis for the parameter(s) in violation unless required to do so by written notification from the City of Winston-Salem. I. SIGNIFICANT NONCOMPLIANCE (SNC) The Federal Pretreatment Regulations (40 CFR Part 403.8(f)(2)(vii)) require that the City of Winston- Salem publish at least annually in the Winston-Salem Journal, a list of industrial users which, at any time during the previous twelve (12) months, were in "significant noncompliance" with applicable pretreatment requirements. For the purposes of this provision, an STU is in "significant noncompliance" (SNC) if its violation(s) meets one or more of the following criteria: 1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6)month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter. 2. Technical Review Criteria (TRC) Violations defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC(TRC= 1.4 for BOD, TSS, fats,oil and grease and 1.2 for all other pollutants except pH and flow). 3. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the City determines has caused alone, or in combination with other discharges, interference or pass- through (including endangering the health of POTW personnel or the general public),- 4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to - - the environment-or-has resulted in the City's exercise of its emergency authority to halt or prevent such discharge; - - - - - _ 5. Failure to meet, within ninety(90) days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance; 6. Failure to provide within thirty(30) days after the due date, required reports, such as baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; 7. Failure to accurately report noncompliance; or S. Any other violation or group of violations which the City detennines will adversely affect the operation or implementation of the local pretreatment program. 7 Rexam Permit No.: 3010 Pipe##: 01 40 CFR#: 465 J. DILUTION PROHIBITION The permittee shall not increase the use of potable process water or in any other way attempt.to dilute the discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. K. FACILITIES OPERATION AND BYPASS The permittee shall at all times maintain in good working order and operate as efficiently as possible, all control facilities or pretreatment systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Bypass of the treatment facilities is prohibited and the City of Winston-Salem may take enforcement action against a pernuttee for bypass, unless the bypass was approved in advance by the City of Winston- Salem. L. SENVER USE RESOLUTION COMPLIANCE The permittee shall read and retain this permit and a copy of the City of Winston-Salem Sewer Use Resolution. Compliance with the Sewer Use Resolution is also a condition of this permit. Permit conditions and limitations shall govern in any contradictions. rvi. DUTY TO COMPLY All discharges and activities authorized and/or required herein shall be in compliance with the terms and conditions of this permit. Any permit noncompliance constitutes a violation of the City of Winston- SaIem Sewer Use Resolution and is grounds for possible enforcement action, including revocation of this permit. Revocation of this permit may require disposal of the process wastewater in some manner other than discharge into the sanitary sewer at the expense of the permittee. N. TRANSFERABILITY This permit is NOT transferable and shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without written approval of the City of Winston- Salem. In the case of new ownership, a request for permit transfer/name change must be submitted within thirty, (30) days of acquisition of the facility. O. DUTY TO MITIGATE—PREVENTION OF ADVERSE IMPACT The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting, human health, the POTW, the waters receiving the POTW's discharge, or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of the permit. 8 Rexam Permit No.: 3010 Pipe #: 01 40 CFR#: 465 P. PERMIT RENEWAL The permittee is responsible for filing an application for reissuance of this permit at least 90 days prior to its expiration. Q. SEVERABILITY The provisions of this permit are severable and, if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected. R. FEDERAL AND/OR STATE LAWS Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established in any applicable Federal and/or State law or regulation. S. REMOVED SUBSTANCES Solids, sludge, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner so as to prevent any pollutant from such materials from entering the sanitary sewer system. Manifests or other records shall be maintained by the facility to document proper disposal of removed substances. The permittee is responsible for assuring its compliance with any requirements regarding the generation, treatment, storage and/or disposal of "Hazardous Waste" as defined under the Federal Resource Conservation and Recovery Act (RCRA). T. UPSET CONDITIONS An "upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with the effluent limitations of this permit because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance or careless or improper operation. An upset may constitute an affirmative defense for action brought for the noncompliance. The perntittee has the burden of proof to provide evidence and demonstrate that none of the factors specifically listed above were responsible for the noncompliance. U. AUTHORIZATION TO CONSTRUCT PRETREATMENT FACILITY No construction of pretreatment facilities or additions to existing pretreatment facilities shall begin until Final Plans and Specifications have been submitted to the City of Winston-Salem Industrial Waste Control Section and written approval and an Authorization to Construct (A to C) have been issued. An Authorization to Construct (A to C) issued by the City of Winston-Salem is not to be construed as an "approval" of the pernvttee's choice of processes or a guarantee the system will produce the desired results. An Authorization to Construct is only meant to give approval of the construction of a system for pretreatment purposes. 9 Rexam Permit No.: 3010 Pipe#: 01 40 CFR#: 465 V. AVAILABILITY OF RECORDS AND REPORTS The, permittee shall retain records of all monitoring information, including all calibration and maintenance records as well as copies of reporting and infonnation used to complete the application for this permit for at least three (3) years. All records that pertain to matters that are subject to any type of enforcement action shall be retained and preserved by the pennittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Except for data determined to be confidential under the Sewer Use Resolution, all reports prepared in accordance with terms of this pemut shall be available for public inspection. Effluent data shall not be considered confidential. W. DUTY TO PROVIDE INFORMATION The permittee shall furnish to the Industrial Waste Section, within a reasonable time, any information which the City of Winston-Salem may request to determine whether cause exists for modifying, revoking and reissuing, or tenninating this permit or to determine compliance with this permit. X. PENALTIES The City of Winston-Salem Sewer Use Resolution provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 dollars per day per violation. Y. PERMIT MODIFICATION,REVOCATION, TERMINATION This permit may be modified, or alternatively,revoked and reissued at any time in order to: A. Comply with current Federal Categorical Pretreatment Standards B. Protect the receiving POTW from interference, pass-through, sludge disposal problems or exceedance of its design capacity C. Ensure compliance with the NPDES permit of the receiving POTW This pen-nit may be terminated for cause in accordance with the requirements of the City of Winston- Salem Sewer Use Resolution. Z. PROPERTY RIGHTS This permit does not convey any property rights in either real or personal property, or any exclusive privileges: nor does it authorize any injury to private property or any invasion of personal right, nor any infringement of Federal, State or local laws or regulations. PART III. SPECIAL PERMIT CONDITIONS A. SIGNATORY REQUIREMENT All reports and information submitted pursuant to the requirements of this permit must be signed and certified by the Authorized Representative as defined under the Sewer Use Resolution. If there is a change of the Signatory Official for this facility, the City of Winston-Salem shall be notified of such change within thirty(30) days and the appropriate documentation provided. 10 Rexam Permit No.: 3010 Pipe#: Ol .40 CFR#: 465 B. REPORTS OF CHANGED CONDITIONS The permittee shall give notice to the City of Winston-Salem 30 days prior to any significant changes to the permittee's operations or pretreatment system which might alter the nature, quality, or volume of its wastewater. Significant changes may include but are not limited to: 1. Increase or decrease to production (±20%); 2. Increase in discharge of previously reported pollutants; 3. Discharge of pollutants not previously reported to the City of Winston-Salem, 4. New or changed product lines; 5. New or changed manufacturing processes and/or chemicals. The permittee is not required to give notice of plant closures for the purpose of routine holiday observances if the information was provided in the permit application. Additionally, the pernttee is not required to give notice of changes in production volumes resulting from anticipated seasonal fluctuations as described in the permit application. C. SITE CLOSURE The permittee shall provide a minimum notice of 30 days to the City of Winston-Salem Industrial Waste Control office of any plans to terminate the operation of the process for which this permit is issued, to terminate all business operations or to relocate business operations outside of the City of Winston-Salem City/County Utilities service area. The notice shall provide the timeframe and all pertinent information regarding closing methods, procedures, or practices that may impact the wastewater collection system or treatment facility. In addition, this notice shall include an inventory of any bulk-storage cheirricals on- site at the time of the notice submittal and shall identify the disposal means or ultimate destination of each chemical or container. D. RIGHT OF ENTRY The permittee shall allow the staff of the Regional Administrator of the U. S. Environmental Protection Agency, the State of North Carolina Department of Environment and Natural Resources, the City of Winston-Salem, and/or their authorized representatives, upon the presentation of official credentials: 1. To enter upon the permittee's premises where a real or potential discharge is located or in which records are required to be kept under the conditions of this permit; and 2. To have access to records required to be kept under the terms and conditions of this pern it; to inspect any monitoring equipment or monitoring method required in this permit; and to sample the effluent discharge. E. FLOW MEASUREMENT The City of Winston-Salem shall use the flows registered on the water meter for the purpose of water and sewer billing. The City of Winston-Salem shall use the flows registered on the pernuttee's final effluent flow meter located at Pipe 01 for the purpose of flow limit compliance. The permittee will be required to submit records of daily wastewater discharge to the IWC Section no later than the fifteenth (15a`) of each month. • 11 e ' Rexam Permit No.: 3010 Pipe#: 01 40 CFR#: 465 The flow meter installed at Pipe 01 shall be calibrated annually and documentation of the calibration event shall be submitted to the IWC Section within 30 days after the calibration event. Additional calibrations shall be performed by the permittee, at the request of the City, in the event of significant questions concerning the accuracy of the meter. The Industrial Waste Control Section shall be notified within 24 hours of any malfunction, damage or repairs to the flow meter. Any Modifications to the flow metering equipment shall be approved by the Industrial Waste Control Section prior to installation. F. ACCIDENTAL DISCHARGES/POTENTIAL PROBLEMS The'pennittee shall provide protection from accidental and slug discharges of prohibited materials and other substances regulated by this permit. The permittee shall also notify the City immediately (within 2 hours of becoming aware of the situation) of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in the Sewer Use Resolution. Additionally, the permittee shall notify the Industrial Control Waste Section immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in the Sewer Use Resolution. The permittee shall also provide notification of any change or temporary condition that significantly(>20%) alters the quantity or quality of the wastewater discharge. Notification shall be to the Industrial Waste Control Section during normal business hours at 765-0130 or the Elledge wastewater treatment plant after normal business hours at 659-4322. Notification shall include location of the discharge, type of waste, concentration and volume if known and corrective actions taken by the permittee. A written follow-up report shall be submitted within five (5) days, unless waived by the City of Winston-Salem, G. TOTAL TOXIC ORGANICS (TTO)/HYDROCARBON OIL & GREASE The term "Total Toxic Organics or TTO shall mean the sum of the concentrations of the total organic compounds listed below which are found at concentrations greater than 0.01 milligrams per liter. In lieu of monitoring for TTO, the permittee may analyze for HOG as an alternate monitoring as provided in 40 CFR 465.44, 1,1,1-Trichloroethane 1,1-Dichloroethane 1,1,2,2-Tetrachloroethane Bis (2-chloroethyl) ether Chloroform 1,1-Dichloroethylene Dichloromethane Pentachlorophenol Bis (2-ethylhexyl) phthalate Butyl benzyl-phthalate Di-N-butyl phthalate Phenanthrene Tetrachloroethylene Toluene H. CYANIDE CERTIFICATION The first wastewater sample taken in each calendar year shall be analyzed for cyanide. If the measurement is below 0.07 mg/l, a Certification Statement may be submitted in lieu of further 12 Rexam Permit No.: 3010 Pipe#: 01 40 CFR#}:465 cyanide monitoring. This certification shall state that cyanide is not used in the canmaking operation and shall be submitted with the analysis. 13 y Rexam Permit No.: 3010 Pipe#: 01 40 CFR#:465 City of Winston-Salem, North Carolina Industrial User Permit PART IV. PERMIT SYNOPSIS A. ]UP General Information IUP Name: Rexam Beverage Can Company Receiving POTW Name: Archie Elledge WWTF POTW NPDES#: NCO037834 Effective Date: July 1, 2007 Expiration Date: June 30, 2012 B. Pen-nit Status: A permit application for an Industrial User Permit was submitted to the Utilities Department on March 30, 2007. Copy submitted to DWQ. C. Inspections: Completed on December 1, 2006. Copy submitted to DWQ. D. Regulation: This facility is a categorical facility regulated under 40 CI~R Part 465 Coil Coating Point Source Category and manufactures aluminum cans. E. Rationale for Limits: Limit Effluent Effluent Limitation Regulated Parameter By. AA Daily Monthly Units Maximum Average Flow 0.190 MGD Local Limit Chromium 0.250 mg/l Local Limit Copper 0.050 mg/l Local Limit Fluoride 94 42 mg/1 Categorical Manganese 1.079 0.454 mg/l Categorical Phosphorus 27 11 mg/1 Categorical Zinc 0.750 mg/l Local Limit Cyanide 4 0.020 mg/l Local Limit HOG 0 32 19 mg/l Categorical TTO .0 0.240 mg/l Local Limit pH 5 - 10 p1l units Local Limit 14 Rexam Permit No.; 3010 Pipe#: 01 40 CFR#:465 ^^ The pollutant(s) flow, chromium, copper, cyanide, zinc and pH were assigned numerical limits based on a review of monitoring data. These limits are considered to be local limits. ^^ The pollutant(s) fluoride, manganese, phosphorus and hydrocarbon oil & grease were assigned numerical limits based on categorical limits. All other parameters are at or below EPA domestic waste values therefore no . additional limits are required. REXAM BEVERAGE CAN COMPANY Rexam Can Company falls under the Federal Categorical Pretreatment Standard for Coil Coating Point Source, 40 CFR 465 Subpart D—Canmaking Subcategory, Existing Source. Rexam Can Company began operation in 1975. The pretreatment standards for new source applies to canmaking facilities which began their operation after November 17, 1983. Production-based limitations are established for the manufacturing of cans. The production-based standards are expressed on a mass basis of pollutant allowed per unit of production (lbs/1,000,000 cans manufactured). The canmaking manufacturing standards include daily maximum and maximum monthly average mass standards. The City of Winston-Salem has chosen the option of using concentration limits as allowed under 40 CFR Part 403.6(c). We will use Rexam's long term average daily production and flow rates to derive the corresponding daily maximum and monthly average limits. The Pretreatment Standards for Existing Sources (PSES) standards are as follow: Daily Max Monthly Avg. Grams Pounds Grams Pounds Chromium 36.92 0.081 15.1 0.033 Copper 159.41 0.351 83.9 0.185 Zinc 122.49 0.27 51.18 0.1I3 Fluoride 4992.05 11.001 2214.96 4.883 Phosphorus 1401.13 3.089 573.04 1.263 Manganese 57.05 0.126 24.33 0.053 TTOs 26.85 0.059 12.59 0.028 O&G I678 3.699 1006.8 2.22 15 Rexam Permit No.: 3010 Pipe#: 01 40 CFR#:465 The categorical standard provides two weights: grams and pounds. One may choose either grams OR pounds due to 1 gram = 0.00220462262 lbs. Winston-Salem will use pounds to convert to mg/l. Lbs = (mg/1)(8.34)(MGD) Calculations Use 2006, 2005 and 2004 Average Production (million cans/day) = 8.5 MMD Use 2006, 2005 and 2004 Average Flow (million gallons/day) = 0.119 MGD Omitted 2002 & 2003 Data Due to Lowest Production Rate in Years Due to Economy Formula: mg/l = flbs mmeans)(mmcans/day) (x)(8.5) (MGD)(8.34) 0.119 (8.34)= 0.9925 Daily Max Chromium 0.081 x (8.5) - 0.9925 = 0.694 mg/l Copper 0.351 x (8.5) _ 0.9925 - 3.006 mg/l Zinc 027 x (8.5) - 0.9925 = 2.312 mg/l Fluoride 11.001 x (8.5) - 0.9925 - 94.215 mg/l Phosphorus 3.089 x (8.5) _ 0.9925 = 26.455 mg/l Manganese 0.126 x (8.5) 0.9925 = 1.079 mg/I TTOs 0.059 x (8.5) - 0.9925 = 0.505 mg/l O&G 3.699 x (8.5) - 0.9925 = 31.680 mg/l Monthly Avg. Chromium 0.033 x (8.5) - 0.9925 0.283 mg/1 Copper 0.185 x (8.5) - 0.9925 - 1.584 mg/1 Zinc 0.113 x (8.5) - 0.9925 = 0.968 mg/l Fluoride 4.883 x (8.5) 0.9925 = 41.819 mg/1 Phosphorus 1.263 x (8.5) - 0.9925 - 10.817 mg/l Manganese 0.053 x (8.5) _ 09925 = 0A54 mg/l TTOs 0.028 x (8.5) 0.9925 = 0.240 mg/1 O&G 2.22 x (8.5) 0.9925 = 19.010 mg/1 ANTICIPATED INCREASE WITH ADDITIONAL WASHER Production (million cans/day) = 9.0 MMD Average FIow (million gallons/day) = 0.150 MGD Formula. mg/1 = (lbs mmcans)(mmcans/day) x 9 (MGD)(8.34) 0.150 (8.34) = 1.251 16 Rexam Permit No.: 3010 Pipe#{: 01 40 CFR#: 465 Daily Max Chromium 0.081 x (9.0) - 1.251 - 0.583 mg/l Copper 0.351 x (9.0) - 1.251 = 2.525 mg/1 Zinc 0.27 x (9.0) 1.251 = 1.942 mg/l Fluoride 11.001 x (9.0) - 1.251 - 79.144 mg/I Phosphorus 3.089 x (9.0) - 1.251 = 22.223 mg/l Manganese 0.126 x (9.0) _ 1.251 = 0.906 mg/l TTOs 0.059 x (9.0) 1.251 = 0.424 mg/l O&G 3.699 x (9.0) _ 1.251 = 26.611 mg/l Monthly Avg. Chromium 0.033 x (9) - 1.251= 0.237 mg/l Copper 0.185 x (9) - 1.251= 1.331 ing/l Zinc 0.113 x (9) - 1.251= 0.813 mg/l Fluoride 4.883 x (9) _ 1.251= 35.129 mg/l Phosphorus 1.263 x (9) 1.251= 9.086 mg/l Manganese 0.053 x (9) _ 1.251= 0.381 mg/l TTOs 0.028 x (9) _ 1.251= 0.201 mg/l O&G 2.22 x (9) _ 1.251= 15.971 mg/l t 17 W A rFgvG Michael F.Easley,Governor William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Alan W.Klimek,P.H.Director Division of Water Quality Rexam Beverage Can Company 4000 Old Milwaukee Winston Salem, NC 27107 Subject: General Stormwater Permit Inspections Rexam Beverage Can Company Permit No. NCGNE0122 Forsyth County Dear Sir or Madaam: Your facility holds a General Permit from the North Carolina Division of Water Quality to discharge stormwater associated with industrial activities performed at your facility. Please be advised that the Winston-Salem Regional Office will be performing NPDES Stormwater Inspections sometime in the near future. If this office has not previously inspected your facility, you should be prepared to demonstrate compliance with all terms and conditions included in the Permit. Specifically, we will be evaluating the following: Stormwater Pollution Prevention Plan, Stormwater Outfall Locations, Qualitative and Analytical Monitoring Data and any other activities required by your permit. Copies of the general permits and accompanying documents can be accessed from the following webpage: ham://h2o.enr.state.nc.us/su/Forms_Documents.htm#StormwaterGP. If you have any questions, please contact Rose Pruitt in the Winston-Salem Regional Office at (336) 771-4600. Sincerely, Rose Pruitt cc: NPS Compliance & Assistance Oversight Unit SWP-Central Files WSRO Files Niii Carolina NWtUrV11y North Carolina Division of Water Quality 585 Waughtown Street Winston-Salem,NC 27107 Phone(336)771-4600 Fax(336)771-4631 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer—50%Recyeled110%Post Consumer Paper F W A]� Michael F.Easley,Governor O�O 9Q+✓ William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 0) Alan W.Klimek,P. E.Director > Division of Water Quality Y Coleco H.Sullins,Deputy Director Division of Water Quality April 20, 2005 RECEIVED " "Ant.of ENft APR 2 7 2005 Allan J Bohner, President SR Vice .,,.ston•salem Rexam Beverage Can Company Reglonat Office 8770 W Bryn Mawr Ave St Chicago, IL 60631 Subject: No Exposure Certification NCGNE0122 Rexam Beverage Can Company-4000 Old Milwaukee Forsyth County Dear Permittee: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on March 11, 2003. We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. Based on your submittal and signed certification of no exposure at the above referenced facility the Division is granting your certification as provided for under 40 CFR 126.22(g)which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no exposure certification, you are obligated to maintain no exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no-exposure exclusion expires in five years (April 30, 2010). At that time you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. - Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Jonathan Diggs at (919) 733-5083 ext. 537, or at jonathan.diggs@ncmail.net. Sincerely, for Alan W. Klimek, P.E. cc: Winston-Salem Regional Office Central Files—wlattachments Stormwater Permitting Unit Files �, NCDEf+f�t N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 (919)733-7015 Customer Service l-877-623-6748 W A TE Michael F.Easley,Governor O�O RQ� William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 7 Alan W.Klimek,P.E.Director Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality April 20, 2005 Allan J Bohner, President SR Vice Rexam Beverage Can Company 8770 W Bryn Mawr Ave St Chicago, IL 60631 Subject: No Exposure Certification NCGNE0122 Rexam Beverage Can Company-4000 Old Milwaukee Forsyth County Dear Permittee: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on March 11, 2003. We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. Based on your submittal and signed certification of no exposure at the above referenced facility the Division is granting your certification as provided for under 40 CFR 126.22(g)which is incorporated by reference in North Carolina regulations. Please note that by our acceptance of your no exposure certification, you are obligated to maintain no exposure conditions at your facility, If conditions change such that your facility can no longer qualify for a no- exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your conditional no-exposure exclusion expires in five years (April 30, 2010). At that time you must re-certify with the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility. Your certification of no exposure does not affect your facility's legal requirements to obtain environmental permits that may be required under other federal, state, or local regulations or ordinances. If you have any questions or need further information, please contact Jonathan Diggs at (919) 733-5083 ext. 537, or at jonathan.diggs@ncmail.net. Sincerely, b� �� t �, for Alan W. Klimek, P.E. cc: Winston-Salem Regional Office "Central Files —wlattachments Stormwater Permitting Unit Files VXW NCD R N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 (919)733-7015 Customer Service 1-877-623-6748 REXAM BEVERAGE CAN Americas March 7, 2003 Mr. Bill Mills North Carolina Department of Environment and Natural Resources Division of Water Quality Stormwater and General Permits Unit 1617 Mail Service Center Raleigh , NC 27699--1617 RE: No Exposure Certification for Exclusion from NPDES Storm Water Permitting Rexam Beverage Can Company Winston Salem, North Carolina Facility Dear Mr. Mills: Please find attached the completed form USEPA NPDES Form 3510-1 1 requesting a No Exposure Exclusion from the NPDES Storm Water Permitting for the above referenced facility. If you have any questions or require additional information, please do not hesitate to contact the undersigned at (773) 399-3389. Very truly yours, REXAM BEVERAGE CAN COMPANY 1 I" Geoffrey A. Wortley i� Director _I• MAR 1 1 2003 Environment, Health and Safety t , REXAM BEVERAGE CAN COMPANY 9770 WEST BRYN MAWR AVENUE SUrTE 175 WINSTON-SALEM STORM WATER NO EXPOSURE EXCLUSION.DOC CHICAGO,TWNOIS 60631-3655 Attachment USA TEL +1 773 399 3000 Form vedI United States Environmental Protection Agency OMB o.�� NPDES "Wa'shlrigtorr, DC 20460 FORM M 351 Q-11 1401YEPA NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity identified In Section A does not require permit authorization for its storm water discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Muiti-Sector General Permit due to the existence of a condition of no exposure. A condition of no exposure exists at an Industrial facility when an Industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain,snow,snowmelt.andlor runoff. Industrial materials or activities include,but are not limited to,material handling equipment or activities, industrial machinery,raw materials,intermediate products,by-products,final products,or waste products. Material handling activities include the storage, loading and unloading,transportation,or conveyance of any raw material,intermediate product,fine]product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: — drums,barrels,tanks,and similar containers that are lightly sealed,provided those containers are not deteriorated and do not leak. 'Sealed` means banded or otherwise secured and without operational taps or valves; — adequatey maintained vehicles used in material handfing;and — final products,other than products that would be mobilized in storm water discharges(e.g.,rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition,the exclusion from NPDES permitting is available on a facility-wide basis only,not for individual outfalis. If any industrial activities or materials are or will be exposed to precipitation,the facility is not eligible for the no exposure exclusion. . By signing and submitting this No Exposure Certification form,the entity in Section A is certifying that a condition of no exposure exists at its fac itity or site, and is obligated to comply with the terms and conditions of 40 CFR 122.26(g). ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4. A- Facility Operator Information st 1- Name: 1R1EIXLA1M1 LBIEIVIEIRIAlGIEI, iCIAINI ICIG)MPI �kNYI_ I I ( 2Phone: 1717131�3191 91 31 `i91 3. Mailing Address: a.Street 181 71 710,1 IWI 1 BI R IY.,NI I M Al VY R 1 VV IS i U1 1 IT i El 1 1 i r I LJ b.W. IQ Hi 1 I CI A I Q q r l l l l I I 1 I I I I I I c.State: I I I Ll d.zip Code: 161016131 1 l—131 B. Facility/Site Location Information 1.Facility Name: IRIEXIAIMI IBIELYIELRLALGIE, C N P N Y 2 a.Street Address: 14IQ IOIOI q I q rMi I IL WI u n EIEI I�IA1N_� 1_ 1 I I I I III1 b.City: 1W 1 1 IVi S IT I OIN I 1 5i Al L 1 E Mi I ( I I I I I i I I c.county: 1I=1 a RI S I YI T1 HI LL d.State: -ICJ e.Zip Code: 12171 11_01 11-161 1 01 31 3.Is the facility located on Indian Lands? Yes❑ No 4.Is thus a Federal facility? Yes❑ No S.a.Latitude: U&J '10 121 1�L � b. Longitude: I Q 810 Y 1 1131 ' 1�1 6.a.Was the facility or site previously covered under an NPDES storm water permit? Yes ❑ No b. If yes.enter NPDES permit number: T.SIC/Activity Codes: Primary: L3 L4 1 11 11 Secondary(it applicable): 1 i I t_ 8.Total size of site associated with industrial activity: 66.73 acres 9.a.Have you paved or roofed over a formerly exposed,pervious area in order to qualify for the no exposure exclusion? Yes ❑ No b.If yes please kxkate approzirtratey how nmh area was paved or roofed over. Completing this question does not disqualify you for the no exposure exclusion. However,your permitting authority may use this information in considering whether storm water discharges from your site are likely to have an adverse impact on water quality,in which case you could be required to obtain permit coverage. Less than one acre ❑ One to$m acres ❑ More than rive acres ❑ EPA Form 3510-11 (10-99) Page 1 of FORM � NO EXPOSURE CERTIFICATION for Exclusion from OM13 2040-211 3510.11 NPDES'Storm Water Permitting C. Exposure Checklist Are any of the following materials or activities exposed to precipitation,now or in the foreseeable future? (Please Check either"Yes'or'No"in the appropriate box.) If you answer"Yes"to any of these questions (1)through(11L you are not eligible for the no exposure exclusion. Yes No 1. 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 storm water 2. Materials or residuals on the ground or in storm water inlets from spillsfieaks ❑ 3. Materials or products from past industrial activity ❑ 4. Material handling equipment(except adequately maintained vehicles) ❑ 5. Materials or products during Wding/unloading or transporting activities ❑ 6_ Materials or products stored outdoors(except final products intended for outsidd use[e.g.,-new cars)where ❑ exposure to storm water does not result in the discharge of pollutants) 7. Materials contained in open,deteriorated or leaking storage drums,barrels,tanks,and similar containers ❑ 8. Materials or products handted/stored on roads or railways owned or maintained by the discharger ❑ 9. Waste material(except waste in covered,non-leaking containers(e.g.,dumpsters)) ❑ X❑ 10. Application or disposal of process wastewater(unless otherwise permitted) ❑ 0 11. Particulate matter or visible deposits of residuals from roof stacks andfor vents not otherwise regulated ❑ (i.e..under an air quality control permit)and evident in the storm water outflow D. Certification Statement I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of'no exposure"and obtaining an exclusion from NPDES storm water permitting. I certify under penally of law that there are no discharges of storm water 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(gX2)). I understand that I am obligated to submit a no exposure certification farm once every five years to the NPDES parm€tbng authority and,if requested,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 NPDES permitting authority,or MS4 operator where the discharge is into the local MS4,to perform Inspections to confirm the condition of no exposure and to make such Inspection reports publicly available upon request- I understand that I must obtain coverage under an NPDES permit prior to any point sauce discharge of storm water from the facility. Additionally,I cer*under penalty of taw that this document and 80 attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gathered and evaluated the information submitted. Based an 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 knowtetige and belief true,accurate and complete. I am aware that there are significant penalties for submitting false information,inducing the possibility of fine and Imprisonment for knowing violations. Print Name: LAt-Li LIAINl I JI IBIDIHI nEIRl I I I l l Print nus- [S]Ri iVi1iQF=iP E I DENT, MIFIGI IN16 & E Signature: Date: 1 J fil 6131 ' EPA Form 3510-11(10-99) Page 2 of 4 NPDES !'f► Form Approved FORM Instructions for the NO EXPOSURE CERTIFICATION for OMB No.2040-0211 3510-11 ..EPA ExciusibSiffrom NPDES Storm Water Permitting Who May File a No Exposure Certification Section B. Facility/Site Location Information Federal law at 40 CFR Part 122.26 prohibits point source discharges of 1. Enter the official or legal name of the facility or site. storm water associated with industrial activity to waters of the U.S.without a National Pollutant Discharge Elimination System(NPDES)permit However, 2. Enter the complete street address(if no street address exists, provide NPDES permit coverage is not required for discharges of storm water a geographic description (e.g„ Intersection of Routes 9 and 55]),city, associated with industrial activities identified at 40 CFR 122.26(b)(14)(i)- county,state,and zip code. Do not use a P.O.Box number. (ix)and (xi)if the discharger can certify that a condition of"no exposure" exists at the industrial facility or site. 3. Indicate whether the facility is located on Indian Lands. Storm water discharges from construction activities identified in 40 CFR 4. Indicate whether the industrial facility is operated by a department or 122.26(b)(14)(x)and(b)(15)are not eligible for the no exposure exclusion. agency of the Federal Government(see also Section 313 of the Clean Water Act). Obtaining and Maintaining the No Exposure Exclusion 5. Enter the latitude and longitude of the approximate center of the facility This form is used to certify that a condition of no exposure exists at the or site in degreeslminuteslseconds. Latitude and longitude can industrial facility or site described herein. This certification is only applicable be obtained from United States Geological Survey(USGS)quadrangle in jurisdictions where EPA is the NPDES permitting authority and must be or topographic maps, by calling 1-(888)ASK-USGS, or by accessing re-submitted at feast once every five years. EPA's web site at http:llwww.epa.goviowm/sw/industry/index.htm and selecting Latitude and Longitude Finders under the ResourceslPermit The industrial facility operator must maintain a condition of no exposure at section. its facility or site in order for the no exposure exclusion to remain applicable. Latitude and longitude for a facility in decimal form must be converted If conditions change resulting in the exposure of materials and activities to storm water, the facility operator must obtain coverage under an NPDES to degrees (1), minutes ('), and seconds (") for proper entry on storm water permit immediately. the certification form. To convert decimal latitude or longitude to degreeslminuteslseconds,follow the steps in the following example. Where to File the No Exposure Certification Form Example: Convert decimal latitude 45.1234567 to degrees(0),minutes Mail the completed no exposure certification form to: ('),and seconds("). a) The numbers to the left of the decimal point are the degrees: 450. Storm Water No Exposure Certification(4203) USEPA b) To obtain minutes,multiply the first four numbers to the right of the 401 M Street,SW decimal point by 0.006: 1234 x 0.006=7,404. Washington,D.C. 20460 c) The numbers to the left of the decimal point in the result obtained in(b)are the minutes: 7'. Completing the Form d) To obtain seconds, multiply the remaining three numbers to the You must type or print, using uppercase letters,in appropriate areas only, right of the decimal from the result obtained in (b) by 0.06: Enter only one character per space(i.e., between the marks). Abbreviate 404 x 0.06=24.24. Since the numbers to the right of the decimal if necessary to stay within the number of characters allowed for each item. point are not used,the result is 24'. Use one space for breaks between wards. One form must be completed e) The conversion for 45.1234567=45° 7' 24". for each facility or site for which you are seeking to certify a condition of no exposure. Additional guidance on completing this form can be accessed through EPA's web site at www.epa.gov/owm/sw. Please make sure you 6. indicate whether the facility was previously covered under an NPDES have addressed all applicable questions and have made a photocopy for storm water permit. If so,include the permit number. your records before sending the completed form to the above address. 7. Enter the 4-digit SIG code which identifies the facility's primary activity, and second 4-digit SIC code identifying the facility's secondary activity, Section A. Facility Operator Information if applicable. SIC codes can be obtained from the Standard Industrial Classification Manual, 1987. 1. Provide the legal name of the person,firm,public organization,or any other entity that operates the facility or site described in this certification. 8, Enter the total size of the site associated with industrial activity in acres. The name of the operator may or may not be the same as the name of Acreage may be determined by dividing square footage by 43,560,as the facility. The operator is the legal entity that controls the facility's demonstrated in the following example. operation,rather than the plant or site manager. 2. Provide the telephone number of the facility operator. Example: Convert 54,450 ft2 to acres Divide 54,450 ft2 by 43,560 square feet per acre: 3. Provide the mailing address of the operator(P.O.Box numbers may be 54,450 ft2+43,560 ft2)acre=1.25 acres. used). Include the city, state, and zip code. All correspondence will be sent to this address. 9. Check"Yes"or'No"as appropriate to indicate whether you have paved or roofed over a formerly exposed, pervious area (i.e., lawn, meadow, dirt or gravel roadlparking lot)in order to qualify for no exposure. If yes, also indicate approximately how much area was paved or roofed over and is now impervious area. EPA Form 3510-11 (10-99) Page 3 of 4 r}PDES Form Approved FORM Instructions for the NO EXPOSURE CERTIFICATION for OMB No.2040-0211 3510-11 .EPA 4--- -Exclusion from NPDES Storm Water Permitting Section C. Exposure Checklist authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; Check"Yes"or"No"as appropriate to describe the exposure conditions at your facility. If you answer"Yes"to ANY of the questions (1)through (11) For a partnership or sole proprietorship: by a general partner or the in this section,a potential for exposure exists at your site and you cannot proprietor;or certify to a condition of no exposure. You must obtain (or already have) coverage under an NPDES storm water permit. After obtaining permit For a municipal, State, Federal, or other public facility: by either a coverage,you can institute modifications to eliminate the potential for a principal executive or ranking elected official. discharge of storm water exposed to industrial activity,and then certify to a condition of no exposure. Paperwork Reduction Act notice Section D. Certification Statement Public reporftng burden for this certification is estimated to average 1.0 hour per certification,including time for reviewing instructions,searching existing Federal statutes provide for severe penalties for submitting false information data sources,gathering and maintaining the data needed,and completing on this application form. Federal regulations require this application to be and reviewing the.collection of information. Burden means the total time, signed as follows: effort,or financial resources expended by persons to generate,maintain, retain,or disclose to provide information to or for a Federal agency. This For a corporation: by a responsible corporate officer,which means: includes the time needed to review instructions;develop, acquire, install, and utilize technology and systems for the purposes of collecting,validating, (i) president,secretary,treasurer,or vice-president of the corporation and verifying information, processing and maintaining information, and in charge of a principal business function, or any other person disclosing and providing information;adjust the existing ways to comply with who performs similar policy or decision making functions for the any previously applicable instructions and requirements;train personnel to corporation,or be able to respond to a collection of information; search data sources; complete and review the collection of information;and transmit or otherwise (H) the manager of one or more manufacturing, production, or disclose the information. An agency may not conduct or sponsor, and a operating facilities,provided the manager is authorized to make person is not required to respond to, a collection of information unless it management decisions which govern the operation of the displays a currently valid CMB control number. Send comments regarding regulated facility including having the explicit or implicit duty of the burden estimate, any other aspect of the collection of information, or making major capital investment recommendations,and initiating suggestions for improving this form, including any suggestions which may and directing other comprehensive measures to assure long increase or reduce this burden to: Director,OPPE Regulatory Information term environmental compliance with environmental laws and Division (2137), USEPA, 401 M Street, SW, Washington, D.C. 20460. regulations; the manager can ensure that the necessary systems Include the OMB control number of this form on any correspondence. Do are established or actions taken to gather complete and accurate not send the completed No Exposure Certification form to this address. information for permit application requirements; and where EPA Form 3510-11 (10-99) Page 4 of 4