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NCGNE0645_COMPLETE FILE - HISTORICAL_20091026 (2)
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V CCU N C U W�; DOC TYPE C�'HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE 0 �LYJ �7 I U a YYYYMMDD �+�NCDENR North Carolina Department of Environment and Natural Resources Division of'P ater Quality Beverly l=dves Perdue Cu[een I., Sullins Dee Freeman Governor Director Secretary October 26, 2009 Smurfit-Stone Container Corporation Attn: David Puckett 400 Albermarle Street Lexington; NC 27292 Subject: No-Exposure Certification N7CGNE0645' Rescission of Permit NCGO50221 Smurfit-Stone Container Corporation 400 Albermarle Street; Lexington, NC 27292 Davidson County Dear Mr. Pucket: The Division has reviewed your application for No-Exposure Certification for Exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no exposure at the above referenced facility, the Division is granting you conditional exclusion from permitting as provided for under 40 CFR 126.22(g). We are also hereby rescinding your current permit Certificate of Coverage, -NICG050221. 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 no-exp6sure 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 (October 25, 2014). At that time you must re-certify with the Division; or obtain NPDES permit coverage for any storm-vvater discharges from your facility. Your conditional exclusion from permitting 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 Jenifer Carter at (336) 771-4957, or at jenifer.carter@ncdenr.gov Sincerely, Steve W. Tedder Surface Water Regional Supervisor Winston-Salem Regional Office Division of Water Quality cc: WSRO files SWP Central Files Sarah Young— Stormwater Permitting Unit: No- Exposure File Fran McPherson — Budget Office Onc 1 NorthCai-olina FOR AGENCY USE ONLY Rece+ ' • Division of Water Quality/Surface Water Protection Year QalM*nLb Da �r ��®E�� National Pollutant Discharge Elimination System Ce ificaira oveiage �H C.anoiw�ow.wn.e�r or NO EXPOSURE CERTIFICATION for Exclusion C N l Fw✓rr�rr�*u+r Ngi.�au..17]0.:YrII NCGNE0000 NO EXPOSURE CERTIFICATION `Please check here if this is a renewal: 0 RENEWAL National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based on NO EXPOSURE: Submission of this No Exposure Certification constitutes notification that your facility does not require a permit for stormwater discharges associated with industrial activity in the State of North Carolina because it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all industrial materials and activities are protected by a storm resistant shelter(with some exceptions)to prevent exposure to rain, snow, snowmelt, and/or runoff. For permitted facilities in North Carolina, DWQ must approve your application for No Exposure Certification before this exclusion is effective. Until you are issued a No Exposure Certification and your NPDES permit is rescinded, your facility must continue to abide by the terms and conditions of the current permit. 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, final 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 tightly sealed,provided those containers are not deteriorated and do not leak. "Sealed"means banded or otherwise secured and with locked or non-operational taps or valves;adequately maintained vehicles used in material handling;and final products, other than products that would be mobilized in stormwater 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 outfalls. 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, you certify that a condition of no exposure exists at this facility or site and are obligated to comply with the terms and conditions of 40 CFR 122.26(g). You are re uired to reapply for the No Exposure Exclusion once every five 5 ears. For questions,please contact the DWQ Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of owner/operator (address to which all certification correspondence will be mailed): Name S_ M J1 4'_1+ -SfidNTz Cd,JTA W eEle_ C6R_f Contact 'D A�{ tb F.a-k_,e t ~ Street Address L,ldd A (b /c_ S T J city Le x;•v t ter+ State�1/L_ ZIP Code cQ 7 R` 2— Telephone No. 33 7A/5' Fax: RECEIVED f�('T N.C.I7cot.0 i C q Pagel of 7 OCT 10 6 2009 S G P 2 4 2009 V inscc- Regicnai CTf,']ce S W U-N E-021309 favised 2/1312009 DENR - Wl1 R AZ weHands&SlonnwaW ersnch ' r NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name �S/1n o-,Z q -, Jr — STor-E C-t--rArNfz,-� Facility Contact 2)A--'1qL Pli Street Address �Ldo City 4.iK&-6D,I-f State Hc— ZIP Code a7 a s_L County Dom--,as Qe Telephone No. 33 7Z15-- Fax: 3) Physical location information: Please provide a narrative description of how to get to the facility(use street names, state road numbers, and distance and directign from a roadway intersection). f4.,-r Xf f7A,) -� �"g.�5—. N C_ S-, (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lands? ❑ Yes PNo 5) Is this a Federal facility? ❑ YesV0 6) LatitudOS ZZ 3r �3a NtlL ngitud/e nd /S-e�b • /f (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin XExisting Date operation began t'I 7 o-S ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit?XYes 0 No If yes, what is the NPDES Permit Number?_&CG 0 '� d aa- 9) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity,at this facility SIC Code:Y a 10) Provide a brief description ofthe types of industrial activities and products produced at this facility: an rrVd O�r�O"t1 US WAriq IXL's 4a L C 6 //s�N��FC� �o oY 0�15 0 .�"� 4��k� e'�l- •�iNit�+� C u/ruc.,4fed Sox`C r 11) Does this facility have any Non-Discharge permits (ex: recycle permits)? �"No ❑ Yes If yes, list the permit numbers for all current Non-Discharge permits for this facility: Page 2 of 7 SWU-NE-021309 _ Last revised 2/13/2009 NCGNE0000 No Exposure Certification Exposure Checklists(12. - 14.) 12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? (Please check either "Yes" or"No.") If you answer "Yes" to any of these items,you are not eligible for the no exposure exclusion. a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes �KNo ❑ NIA residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes [�No ❑ NIA c. Materials or products from past industrial activity ❑ Yes XNo ❑ NIA d. Material handling equipment (except adequately maintained vehicles) ❑ Yes -�4 No ❑ NIA e. Materials or products during loading/unloading or transporting activities ❑ Yes Of No ❑ NIA f. Materials or products stored outdoors (except final products intended for outside ❑ Yes IX No ❑ NIA use [e.g., new cars]where exposure to stormwater does not result in the discharge of pollutants) g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes E 'No ❑ NIA and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes EyNo ❑ NIA the discharger i- Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]) ❑ Yes Y No ❑ N/A j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes Q(No ❑ NIA k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes IX No ❑ NIA otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow 1. Empty containers that previously contained materials that are not properly stored ❑ Yes IyNo ❑ NIA (i.e., not closed and stored upside down to prevent precipitation accumulation) m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes F(No © N/A stored outside, has the facility had any releases in the past three (3) years? 13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. a. Are exterior ASTs or piping free of rust, damaged or weathered coating, pits, or i!(Yes ❑ No ❑ NIA r deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? It so, is it free of any Yes ❑ No ❑ N/A cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SWU-NE-021309 Last revised2113/2009 NCGNEOOOO No Exposure Certification 14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. a. Is secondary containment provided for single above ground storage containers 'V Yes ❑ No ❑ NIA (including drums, barrels, etc.) with a capacity of more than 660-gallons? b. Is secondary containment provided for above ground storage containers stored ❑ Yes ❑ No NIA in close proximity to each other with a combined capacity of more than 1,320- gallons? c. Is secondary containment provided for Title III Section 313 Superfund ❑ Yes ❑ No NIA Amendments and Reauthorization Act (SARA)water priority chemicals*? d. Is secondary containment provided for hazardous substances**designated in 40 [] Yes ❑ No N/A CFR §116? e. Are release valves on all secondary containment structures locked? ❑ Yes ❑ No �(NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes X No ❑ NIA 6. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste © Yes yNo ❑ NIA generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more ofhazardous waste ❑ Yes L)(No ❑ NIA generated per month) of hazardous waste? If you answered yes to questions b- or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport/disposal vendor: Vendor address: Footnotes to Questions 14)c. & d. *Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR §372.38. **Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR §117.3. Page 4 of 7 5WU-NE-021309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification 17) Certification: 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 stormwater permitting. I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document(except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure certification form once every five (5)years to the North Carolina Division of Water Quality 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 North Carolina Division of Water Quality, 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. In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on 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 knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true,complete,and accurate. Printed Name of Person Signing: & I 1 Title:- US!rJFISf uN IT GIFAJaM L— A*' a116/01 (Signature of Applicant) (Date Signed) Please note: This application for the No Exposure Exclusion is subject to approval by the NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for compliance with no exposure conditions prior to that approval The Regional Office may also inspect your facility at any time in the future for compliance with the No Exposure Exclusion. North Carolina General Statute 143-215.6 B(i) provides that: Any person who knowingly makes any false statement, representation,or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article;or who knowingly makes a false statement of a material fact in a rulemaking proceeding of contested case under this Article;or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management]Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars($10,000). There is currently no fee for a No Exposure Exclusion. Page 6 of 7 SWU-NE-021309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification 16) Other information: If you answer "Yes" to any of the following items, you might not be eligible for the no exposure exclusion. A more in-depth evaluation of the site circumstances may be required. a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes P(No ❑ NIA b. Does your facility have coal piles on site? ❑ Yes JVNo ❑ NIA c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes )(No ❑ NIA sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity(e.g., ❑ Yes !X No ❑ NIA degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? ❑ Yes ❑ No XN/A Please specify: f. Please list any other environmental program permits (federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits,,,e_�tc11.)�:1 Permit: #d 00 �— Cie{7 a� C2��rsf'Program: MA sit WAJ ✓ Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit: Program: Page 5 of 7 SWU-NE-021309 Last revised 2/13/2009 NCGNE0000 No Exposure Certification Final Checklist Thisapplication should include the following items: b1/Tnis completed application and ail supporting documentation. Q�A map with the location of the facility clearly marked. ❑/ If this is a renewal, indicated current NCGNE number in Question 7. � If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question B. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality �1 ail Service-Center r Raleigh, North Carolina 27699-1617— - Note The submission of this document does not guarantee the issuance of a No Exposure Exclusion. For questions,please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 win S( Fayetteville Office ... (910)433-3300 �. 4 Mooresville Office ... (704) 663-1699 m '� Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 F !!° m Central Office .........(919) 807-6300 '�,`•?MI ngfon Vi31'_0 sc;�c C(� CAA1 1\0LJ) t � Page 7 of 7 SWU-NE-021309 Last revised 2/13/2009 '• 1(r3 So LCX n r r► i Ha' i vie ,jm�v AL "!'weed ��.Sts lk � . 4�d Albernlarle St Lexington , Garden 0 ve ' 1r► rMWO * s • ' Victar Str ' r � eet O�ryrvcrai� �+ R j R Lower B u evard r10y Ow • s _ .+ • • a • 0 2008 role Atlas