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HomeMy WebLinkAboutNCGNE0758_COMPLETE FILE - HISTORICAL_20170906 STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V �� �f -ro��� DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ YYYYM M D D i ROY COOPER Governor MICHAEL S. REGAN Secretary Energy.Min era!& September 6, 2017 TRACY DAVIS Director Land Resources ENVIRONMENTAL QUALITY Mr. Jeremy S. Hall Axalta Coating Systems U.S.A., LLC 1647 English Road High Point, NC 27262 Subject: Name/Ownership Change Request No Exposure Certification NCGNE0758 Axalta Coating Systems U.S.A., LLC Formerly Engineered Polymer Solutions D/B/A Valspar Guilford County Dear Mr. Hall: The Division has reviewed your submittal of the permit name/ownership change form for the subject No-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. Sincerely, Original Signed By Richard L. Riddle, Jr. ,for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land cc:Winston-Salem Regional Office Stormwater Permitting Program Nothing Compares-,_,- State of North Carolina Environmental Quality I Energy,Minerai and Land Resources 512 N.Salisbury Street 1612 Mail Service Center I Raleigh.North Carolina 27699-1612 919 707 92 00 FOR AGENCY USE ONLY A Division of Energy, Mineral& Land Resources Data Received! Land Quality SeetionlStormwater Permitting Year I Month I as ' NCDENRNational Pollutant Discharge Elimination System r "�" PERMIT NAMEIOWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage i _ I N C S Q N C G N E LO L7 1 5 1 8 I H. Permit status rp for to requested change. It a. Permit issued to(company name). Engineered Polymer Solutions DB/A Valspar b. Person legally responsible for permit: Jeremy S ball First MI Last Manufacturing Director Title i RECEIVED c�` Ic n 1647 English Road E V I G G V Permit.Holder Mailing Address ]UNA�'! 0 ���� High Point NC 27262 3 City State - Zip 0ENR-LAND QUALITY _ (336) 802-4035 ( ) S QRC1 Rl TFR PERMITTING Phone Fax Tc. tfy name(discharge): Engineered Polymer Solutions DA /A Valspar d Facility address: 1647 English Road Address High Point NC 27262 City State Zip e. Facility contact person: W Mark Schau (336) 802-5770 First /MI/Last Phone III. 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 1f'olher please explain: b. Permit issued to(company name): Axalta Coating Systems U.S.A.,LLC c. Person legally responsible for permit: Ieremy S Hall First Ml Last Manufacturing Director Title _ 1647 English Road_ Permit Holder Mailing Address High Point NC 27262 City State Zip (336) 802-4035 jeremy.haIl@axaltacs.com Phone E-rnail Address d. Facility name(discharge): Axalta Coating Systems U.S.A., LLC e. Facility address: 1647 English Road Address High.Point NC 27262 City State Zip f. Facility contact person: W Mark Schau First MI Last (336) 802-5770 mark.schau@axaltacs.com Phone E-mail Address Revised Jan.27,2014 NPDES PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information(if different from the person legally responsible for the permit) Permit contact: W Mark Schau First MI Last Ehs Manager Title 1717 English Road Mailing Address High Point NC 27262 _ City State Zip 336 802-5770 niark.schau@axaltacs.com Phone F-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No(please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS 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, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .................................................................................................................. The certifications below must be completed and signed by both the permit holder prior to the change,and the new applicant in the case of an ownership change request. For a name change request,the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION(Permit holder prior to ownership change): 1,Jeremy S Hall,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. h1�2& Signature Date APPLICANT CERTIFICATION I, Denise Trabbic-Pointer,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 applic94ion are not completed and that if all required supporting information is not included,this application packygf will be returned as incompl ��A �? ozvl7 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy,Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh,North Carolina 27699-1612 Revised Jan.27.2014 EXECUTION VERSION BILL OF SALE (AXALTA U.S.A. PURCHASER) This Bill of Sale is dated as of June 1, 2017 (this "Bill of Sale"), by and between (i) Valspar Holdings 1, Inc., a Delaware corporation ("Holdings I") and Valspar Holdings II, Inc., a Delaware corporation. ("Holdin s II"and, together with Holdings I, the"Seller Parties") and (ii) Axalta Coating Systems U.S.A., LLC, a Delaware limited liability company("Purchaser Affiliate'). The Seller Parties and Purchaser Affiliate are sometimes collectively referred to herein as the "Parties" and individually referred to herein as a"Par"." Capitalized terms used herein without definition will have the respective meanings given to such terms in the Purchase Agreement. WHEREAS, Axalta Coating Systems Ltd., a Bermuda exempted company("Purchaser") and The Valspar Corporation, a Delaware corporation("Seller") are parties to that certain Asset Purchase Agreement, dated as of April 11, 2017 (as amended, the "Purchase Agreement"), relating to the sale, assignment, transfer and conveyance by Seller and the Industrial Wood Subsidiaries and the purchase and assumption by Purchaser(or its assignee) of the Purchased Assets and the Assumed Liabilities referred to in the Purchase Agreement; WHEREAS, Purchaser Affiliate is a wholly owned direct or indirect Subsidiary of Purchaser, and Purchaser has assigned its rights to acquire the Purchased Assets that are owned by the Seller Parties (other than the Industrial Wood Business Intellectual Property) (such Purchased Assets, the"U.S. Non IP Purchased Assets") to Purchaser Affiliate; and WHEREAS, the Purchase Agreement provides that, in connection with the consummation of the transactions contemplated thereby, the Parties will enter into this Bill of Sale. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and covenants set forth herein, Purchaser Affiliate and the Seller Parties hereby agree as follows: Section 1. Sale of U.S. Non-IP Purchased Assets. in accordance with the Purchase Agreement, the Seller Parties hereby sell, assign, transfer and convey to Purchaser Affiliate, and Purchaser Affiliate purchases, acquires and accepts from the Seller Parties, all their respective right, title and interest in and to the U.S. Non-IP Purchased Assets, free and clear of all Liens (other than Permitted Liens). Section 2. Excluded Assets. The U-S. Non-IP Purchased Assets do not include the Excluded Assets, and Purchaser Affiliate is not purchasing, acquiring or accepting any right, title or interest in and to any Excluded Asset pursuant to the Purchase Agreement or this Bill of Sale. Section 3. No Waiver or Modification-, Subiect to Purchase Agreement. Nothing contained in this Bill of Sale may be construed as a waiver of any of the rights or remedies of the Parties, Seller or Purchaser as set forth in, or arising in connection with, the Purchase Agreement or any other instrument or document delivered by the Parties, Seller or Purchaser pursuant to the Purchase Agreement. The Seller Parties make no representations or warranties with respect to the U.S. Non-IP Purchased Assets except as specifically set forth in the Purchase Agreement. This Bill of Sale is not intended to limit in any manner the terms of the Purchase Agreement nor is it NAI-1502722826v3 intended to create any right or obligation broader(or more limited)than those specifically set forth in the Purchase Agreement. In the event of any ambiguity or conflict between the terms of this Bill of Sale and the Purchase Agreement, the terms of the Purchase Agreement will govern and control. No provision of this Bill of Sale may be changed, waived, discharged or terminated other than by an instrument in writing signed by the Parties. No failure to enforce any provision of this Bill of Sale will be deemed to or will constitute a waiver of such provision and no waiver of any of the provisions of this Bill of Sale will be deemed to or will constitute a waiver of any other provision of this Bill of Sale nor will such waiver constitute a continuing waiver. This Bill of Sale is subject to all of the representations, warranties, covenants, exclusions and indemnities set forth in the Purchase Agreement. Section 4. Assignment. Neither this Bill of Sale nor any of the rights, interests or obligations hereunder shall be assigned or delegated by any Party without the prior written consent of the other Parties; provided, however, Purchaser Affiliate may assign any of its rights under this Bill of Sale(i) to a wholly owned direct or indirect Subsidiary of Purchaser without the prior written consent of the Seller Parties, but no such assignment shall relieve Purchaser Affiliate of any of its obligations under this Bill of Sale or(ii)to any Person in connection with a merger or consolidation or a sale of all or substantially all of the assets of the Industrial Wood Business. Any attempted assignment in violation of this Section 4 shall be null and void. Subject to the two preceding sentences,this Bill of Sale shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Section 5. Captions. The captions and headings herein are included for convenience of reference only and will be ignored in the construction or interpretation hereof. Section 6. Governing Law. This Bill of Sale, and all claims or causes of action (whether at Law, in contract or in tort or otherwise) that may be based upon, arise out of or relate to this Agreement or the negotiation, execution or performance hereof, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. Section 7. Further Assurances. From and after the date of this Bill of Sale, Purchaser Affiliate and the Seller Parties shall use their respective reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things reasonably necessary,proper or advisable under any applicable Law to consummate and make effective the provisions hereof as promptly as practicable, including the execution and delivery of any additional instruments necessary to consummate the transactions contemplated by this Bill of Sale and to fully carry out the purposes of this Bill of Sale. Section 8. Counte arts• Effectiveness. This Bill of Sale may be executed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument, and shall become effective when one or more counterparts have been signed by each of the Parties to this Bill of Sale and delivered (by telecopy, electronic delivery or otherwise) to the other Parties to this Bill of Sale. Signatures to this Bill of Sale transmitted by facsimile transmission, by electronic mail in Portable Document Format, or by any other electronic means intended to preserve the original graphic and pictorial NAI-15027228260 appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. [Remainder of page intentionally left blank] -3- NAI-1502722826A IN WITNESS WHEREOF, the Seller Parties and Purchaser Affiliate have duly executed this Bill of Sale as of the date first written above. HOLDINGS I: VALSPAR HOLDINGS 1, INC. By: A — - —� - - Name: Allen J. MI syn Title: Vice Presi ent and Treas rer HOLDINGS II: VALSPAR HOLDINGS 11, INC. By: M�t�a_ Name: AMd yns rTitle: Vice P and Treasur [Signature page to Bill of Sale] NAI-1502722826 PURCHASER AFFILIATE: AXALTA COATING SYSTEMS U.S.A., LLC By: Name: P.,obert W. Bryant Title: Executive Vice President& Chief Financial Officer [Signature page to Bill of Sale] NA I-1502722926 Alexander, Laura From: White, Glen Sent: Thursday, June 29, 2017 10:29 AM To: Alexander, Laura Subject: RE: NCGNE0758 Rescission Request Laura I visited the Axalta Coatings site located at 1647 English Road this week and I've had phone conversations with Mark 5chau and Denise Trabbic-Painter(Corporate). The facility will keep the NCGNE0758 "Active". It looks like they may be bringing equipment in to go back in to paint production in the future but for now continue to qualify for No Exposure as they are only warehousing. Rescission Request is DENIED. Glen White EnvironmentaI Specialist NCDENR Winston-Salem Regional Office Division of Energy,Minerals& Land Resources 450 Hanes Mill Rd—Suite 300 Winston-Salem,NC 27105 glen.white@ncdenr.gov (336)776-9660 From:Alexander, Laura Sent: Wednesday,June 14, 2017 8:51 AM To:White, Glen <glen.white@ncdenr.gov> Subject: NCGNE0758 Rescission Request Good Morning, Please see rescission request and let me know if/when it can be rescinded. Thanks, Laura Alexander Administrative Assistant Stormwater Permitting Program North Carolina Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality 919 807 6368 Office 919 807 6494 Fax Iaura.alexanderCa)ncdenr.gov 512 North Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Alexander, Laura From: Denise A Trabbic-Pointer <denise.trabbic-poi nter@axaltacs.com> Sent: Thursday, June 29, 2017 12:57 PM To: Alexander, Laura Cc: Mark Schau Subject: FW: [EXTERNAL]NCGNE0758 Attachments: Stormwater permit NCDENR Raliegh Office.pdf Ms. Alexander I am the Axalta Coating Systems Global Environmental Competency Leader and, as such, it has been my responsibility to submit name and ownership forms and notifications to all relevant agencies for our newly acquired US and Canada Valspar sites. I submitted the attached on June 12'h 2017 to the Raleigh Office as directed on the form. Please let me know if you need additional information or if I can further help in any way. All of my contact information is below. Kind Regards, Denise Trabbic-Pointer, M.S. CHMM Global Environmental Competency Leader Rxalta Coating Systems Suite 200 45000 River Ridge Drive Clinton Township, MI 48038 USA O+ 1 586 789-7545 F +1 586 2864577 M+ 1 586 298-0488 denise.trabbic-pointer@axaltacs.com axa Itacoati ngsystems.com From: Mark Schau Sent:Thursday, June 29, 2017 11:58 AM To: Denise A Trabbic-Pointer<denise.trabbic-pointer@axaltacs.com> Subject: Fwd: [EXTERNAL]NCGNE0758 Get Outlook for iOS From:Alexander, Laura <laura.alexander@ncdenr.gov> Sent:Thursday, June 29, 2017 11:54:54 AM To: Mark Schau Subject: [EXTERNAL]NCGNE0758 1 Good Morning, I noticed that we still have your company listed as Valspar in our system. Please provide a one page deed or documentation showing the transfer in ownership. Let me know if you have any questions. Thank you, Laura Alexander Administrative Assistant Stormwater Permitting Program North Carolina Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality 919 807 6368 Office 919 807 6494 Fax laura.alexander(a�ncdenr.gov 512 North Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E-Contract Intended", this e-mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. 2 4rn � cy,,t ryla4 s Alexander, Laura From: White, Glen � � Sent: Thursday, June 29, 2017 10:29 AM r„ v „ n To: Alexander, Laura !\ Subject: RE: NCGNE0758 Rescission Request Laura I visited the Axalta Coatings site located at 1647 English Road this week and I've had phone conversations with Mark Schau and Denise Trabbic-Pointer(Corporate). The facility will keep the NCGNE0758 "Active". It looks like they may be bringing equipment in to go back in to paint production in the future but for now continue to qualify for No Exposure as they are only warehousing. Rescission Request is DENIED. Glen White Environmental Specialist I NCDENR Winston-Salem Regional Office Division of Energy, Minerals& Land Resources 450 Hanes Mill Rd—Suite 300 Winston-Salem,NC 27105 glen.white ite@ncdenr.gov (336)776-9660 From: Alexander, Laura Sent: Wednesday,June 14, 2017 8:51 AM To: White, Glen<glen.white@ncdenr.gov> Subject: NCGNE0758 Rescission Request Good Morning, Please see rescission request and let me know if/when it can be rescinded. Thanks, Laura Alexander Administrative Assistant Stormwater Permitting Program North Carolina Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality 919 807 6368 Office 919 807 6494 Fax Iaura.alexanderCdncdenr.gov 512 North Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i FOR AGENCY USE ONLY • Division of Energy,Mineral& Land Resources Dace Received ANYear Month Day �1 Land Quality Section/Stormwater Permitting Program RCDENRNational Pollutant Discharge Elimination System r46j ," NORT,Ca OLI DrP ,ENT or k /y ENVIROMM[Ni uto N¢n1ReL REsaRCES , u r/V/y RESCISSION REQUEST FORM 9 ,� 1 > Please fill out and return this form if you no longer need to maintain your NPDES stormwate 1) Enter the permit number to which this request applies: Individual Permit (or) Certificate of Coverage N I C I 5 C I G . N E O 7 5 8 2) Owner/Facility Information: *Final correspondence will be mailed to the address noted below Owner/Facility!Name Axalta Coating Systems, U.S.A, LLC ["Axalta"] Facility Contact W Mark Schau Street Address 1647 English Road City High Point State NC ZIP Code 27262 County Guilford E-mail Address mark.schaueaxaltacs.com Telephone No. (336) 802-5700 Fax: 3) Reason for rescission request(This is required information. Attach separate sheet if necessary): ® Facility closed or is closing on .113ar2aa All industrial activities have ceased such that no discharges of stormwater are contaminated by exposure to industrial activities or materials. ® Facility sold to Axalt�a on t6 0 2017. If the facility will continue operations under the new owner it may be more appropriate to request an ownership change to reissue to permit to the new owner. ❑ Other: 4) Certification: I, as an authorized representative, hereby request rescission of coverage under the NPDES Stormwater Permit for the subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief such information ' true, complete and accurate. Signature Date 0611 212 01 7 Denise Trabbic-Pointer Global Environmental Competency Leader Print or type name of person signing above Title Please return this completed rescission request form to: NPDES Permit Coverage Rescission Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 r�1 Phone:9 19-807-6300 1 FAX:919-807-6492 , �} An Equal Opportunity l Affirmative Action Employer L�/� AfflkA r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary 26 January 2011 Ms. Tina Levitt Valspar Corporation 8725 W. Higgins Road Chicago, IL 60660 Subject: No-Exposure Certification NCGNE0758 Valspar Corporation 1647 English Road, High Point, NC 27265 Guilford County . Dear Ms. Levitt: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting form. Based on your submittal and signed certification of no exposure at the above referenced facility, and a facility inspection conducted on January 20, 2011, the Division is granting your conditional exclusion from permitting 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-per(nitted discharge. You must self re-certify annually using the included form, or obtain NPDES permit coverage for any stormwater discharges from your facility. The annual self re-certification does not need to be submitted to DWQ, unless requested. 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 Corey Basinger at (336) 771-4963, or at corey.basinger@ncdenr.gov. Sincerely, JAN 3 1 2011 OM-WATERQUIU TY for Coleen H. Sullins INETLAOANDSTORMwATEtWAKH cc: Winston-Salem Regional Office Stormwater Permitting Unit,.No-Exposure Files Wetlands and stormwater Branch One 1617 Mail Service Center,Raleigh,North Carolina 27699-1517 NorthCarolina Location:512 N,Salisbury St.Raleigh,North Carolina 27604 r Phone:919-807-63001 FAX:919.807-64941 Customer Service:1-877$2M748 �atmralL ff Internet:www.rimaterquaiity.org i! An Equal Opportunity 4 AffirmjE ve Action Employer No-Exposure Self Re-Certification Information; 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. State statute provides for fines of up to $25,000 per day for un-permitted discharges. Your conditional no-exposure exclusion must be self re-certified at least annually as follows: - Complete the re-certification at a minimum of once per year using the included Self Re- Certification Form. (additional copies can be downloaded from http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-5} - Maintain a record of re-certifications on file at the facility. Do not submit the re-certification to DWQ unless requested. If requested, submit a copy of the re-certification to the Division and/or the municipality in which the facility is located. -During an inspection by DWQ or local government, provide the re-certifications immediately upon request. - Notify the Division of any changes in ownership, significant facility and/or activity changes, or if the facility can no longer maintain no-exposure. -Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports publicly available upon request. *"No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or 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,final product or waste product. (40 CFR 122.26(g)) Information and forms related No-Exposure Certifications can be accessed on the website at: http://p6rtal.ncdenr.org/web/wq/ws/su/npdessw#tab-5 Rev.30Aug2010 FOR AGENCY USE ONLY • Division of Water Quality 1 Surface Water Protection ,.� T; ZVI cr NCDENR National Pollutant Discharge Elimination System i v _cerdk e0fp er s C-Rw" a, NO EXPOSURE CERTIFICATION for Exclusion N'C ut�. ' 'µ"' NCGNE0000 JAN 2 4 2011 Winston-sale— NO EXPOSURE CERTIFICATION Regicnal Office _ National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based on NO EXPOSURE: Submission of this No Exposure Certiftcadon constftles notification thatyour facility does not require a pennit 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, anal 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 lac8V 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 l 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). fif You are required to self re-certify your No Exposure Exclusion annualiy. For questions,please contact the DWQ Regional Office for your area. (See page 6) (Please print or type) { I) Mailing address of ownedoperator(address to which all certification corresaondence will be mailed): Name Valspar Corporation 1647 English Road(High Point. NC 27262) Contact Tina Levitt I Street Address 8725 W. Higgins Rd I City Chicago Statelt ZIP Code 60660 Telephone No. 77 28-5532 Fez: 773-628-5782 Email tlevi#@vaispar.com Page 1 of 7 8M-NE-12Aug2010 1+Y NCGNE0000 No Exposure Certification .R 2) Location of facility producing discharge: Facility Name The Valspar Corporation 1647 English Road Facility Facility Contact Tina Levitt Facility Street Address 1647 English Rd City High Point _ StateNC ZIP Code 27262 County Guildford Telephone No. 773-628-5532 Fax: 773-628-5533 Email tiev' alspar.coal 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 direction from a roadway intersection). The facility is located south of West Point Ave on the east side of English Rd (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 IdNo 5) Is this a Federal facility? ❑ Yes l�No 6) Latitude 39 dog 56 min 49 sec N Longitude 80 deg 1 min 12 sec W (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 ❑ Existing Date operation Megan Facility is currently inactive. No production ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE S) Was this facility or site ever covered under an NPDES Stormwater Permit? ®(Yes ❑ No If yes,what is the NPDES Permit Number? General Permit#NCGO90012 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: 2 8 5 1 (Site is closed, no operations and no chemical on site) 10) Provide a brief description of the types of industrial activities and products produced at this facility: None. The facilty stopped production_November 2009 and has been chemical free since December 2009 As well,all outside areas have been cleaned 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 SvU-NE-Mug2010 NCGNE0000 No Exposure Certification Ernosure 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 i/No 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 I(No c. Materials or products from past industrial activity ❑ Yes Ed No d. Material handling equipment(except adequately maintained vehicles) ❑ Yes R(No e. Materials or products during loading/unloading or transporting activities ❑ Yes VN0 f. Materials or products stored outdoors(except final products intended for outside ❑ Yes VN0 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, 0 Yes t/No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes U(No the discharger i. Waste material(except waste in covered, non-leaking containers[e.g., dumpsters]) ❑ Yes I( No }.Application or disposal of process wastewater(unless otherwise permitted) ❑ Yes dNo k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes M No otherwise regulated (Le-, under an air quality control permit)and evident in the stormwater outflow I. Empty containers that previously contained materials that are not properly stored ❑Yes SINo (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 0 Yes Eta No 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 and piping free of rust, damaged or weathered coating, pits, or M Yes ❑ No ❑ NIA deterioration, or evidence of leaks?b. Is secondary containment provided for all exterior ASTs? If so, is it free of any 34s ❑ No ❑ N/A cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 SWU-NE-12Aug201 a NCGNE0000 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 all single above ground storage ❑ Yes ❑ No VN/A containers(including drums, barrels, etc.)with a capacity of more than 660- gallons? / b. Is secondary containment provided for above ground storage containers stored 17Yes ❑ 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 OIA Amendments and Reauthorization Act(SARA)water priority chemicals*? d. Is secondary containment provided for hazardous substances**designated in 40 ❑Yes ❑ No Wr/N/A CFR§116? e.Are release valves on all secondary containment structures locked? IVY Yes ❑ No ❑ NIA 15) Hazardous Waste: a Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑Yes [g'No b. Is this facility a Small Quantity Generator(less than 1000 kg. of hazardous waste ❑ Yes [/No generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator(1000 kg. or more of hazardous waste l/Yes ❑ No generated per month)of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s)of waste: Site has a LQ haz Waste permit but it is not being actively used. Site is free from all chemicals and haz_ Waste currengy. Kept permit active while cleaning out site. P091 /Rhin , How is material stored: N/A Where is material stored: N/A. No waste on site. Site clean and non-operational since Dec 2009_ How many disposal shipments per year. 4 shipments in 2010, Zero in 2011 Name of transport/disposal vendor. Rineco Transportation LLC Vendor address: 1007 Vulcan Rd Henten AR 72015 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 Ili 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 Swu-NE-Mug2010 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? 0 Yes M(No b. Does your facility have coal piles on site? © Yes VNo c. Does your facility store other fuel sources outside in piles, such as wood chips, D Yes 19(No sawdust, etc.? / d. Does your facility have air emissions associated with its industrial activity(e.g., ❑ Yes k(No 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 0 Yes D No II/ NIA Permit? Please specify: We ceased Production November 2009 _ f. Please list any other environmental program permits(federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: NU 0�}I� 1 SD j Program: i�A•� WAS76 Permit: Program: _ Permit: Program: _ Permit: Program: _ Permit: Program: _ Permit: Program: _ Permit: Program: Page 5 of 7 SWU-NE-12Aug2010 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 annually self re-certify No Exposure and,if requested,submit the re-certification to DWQ or 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 Doint 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. Panted Name of Person Signing: Tina Levitt Title: Valspar Consumer Division Health. Safety&Environmental Manager .40 boa (Signature of Applicant) (Date Signed) Please note. This application for the No Exposure Exclusion is subject to approval by the NCDENR Regional OJJwe 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 faculty 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 fad in a rulemaking proceeding or 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-12Aug201 O NCGNE0000 No Exposure Certification Final Checklist This application should include the following items: !� This completed application and all supporting documentation. A map with the location of the facility clearly marked. [D� If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center 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. DM Regional Office Contact Information: w IfSQ�EiI ,� Asheville Office ...... (828)296-4500 f Fayetteville Office ... (910)433-3300 Mooresville Office ... (704)663-1699 Raleigh Office ........ (919)791-4200 FIC Washington Office ...(252) 946-6481 � SEA Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 F lie Central Office ...___._.(919) 807-6300 "W 91 ngton r Page 7of7 SWU-NE-12Aug2010 ...yy�.�E�.'�,��1+�+,� NVAft WIN PC SOM r Mi Tud 01 35-1 i RIM,— VA-MA ISM ralowb-mviNSEBORMI WNW OW �G7 M a .z 71 I Mel MI a "Ail MI� AM Mal m em L /pg ��_ d, 3 iF� ; 'LJ Ilk RC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary 26 January 2011 Ms. Tina Levitt Valspar Corporation 8725 W. Higgins Road Chicago, IL 60660 Subject: No-Exposure Certification NCGNE0758 Valspar Corporation 1647 English Road, High Point, NC 27265 Guilford County . Dear Ms. Levitt: The Division has reviewed your submittal of the No-Exposure Certification for Exclusion from NPDES Stormwater Permitting form. Based on your submittal and signed certification of no exposure at the above referenced facility, and a facility inspection conducted on January 20, 2011, the Division is granting your conditional exclusion from permitting as provided for under 40 C1=R 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. You must self re-certify annually using the included form, or obtain NPDES permit coverage for any stormwater discharges from your facility. The annual self re-certification does not need to be submitted to DWQ, unless requested. 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 Corey Basinger at (336) 771-4963, or at corey.basinger@ncdenr.gov. Sincerely, f for Coleen H. Sullins cc: Winston-Salem Regional Office Stormwater Permitting Unit, No-Exposure Files Wetlands and Stormwater Branch One 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 NorthCarolina Location:512 N.Salisbury St.Raleigh,North Carolina 27604 Phone:919-607-63001 FAX:919-W7-64941 Customer Service:1-677-623-6748 Natunall1,/ Internet:www.nmaterquality.org �/ An Equal opportunity 4 AffrmaGve AeGon Employer No-Exposure Self Re-Certification Information: 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. State statute provides for fines of up to $25,000 per day for un-permitted discharges. Your conditional no-exposure exclusion must be self re-certified at least annually as follows: - Complete the re-certification at a minimum of once per year using the included Self Re- Certification Form. {additional copies can be downloaded from http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-5 - Maintain a record of re-certifications on file at the facility. Do not submit the re-certification to DWQ unless requested. If requested, submit a copy of the re-certification to the Division and/or the municipality in which the facility is located. -During an inspection by DWQ or local government, provide the re-certifications immediately upon request. - Notify the Division of any changes in ownership, significant facility and/or activity changes, or if the facility can no longer maintain no-exposure. -Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer system, the operator of the system, to: (1) inspect the facility; and (2) make such inspection reports publicly available upon request. *"No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or 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, final product or waste product. (40 CFR 122.26(g)) Information and forms related No-Exposure Certifications can be accessed on the website at: http-.Hportal.ncdenr.org/web/wq/ws/su/npdessw#tab-5 Rev,3t)Aug2010 _ FOR AGENCY USE ONLY C Dale Received Division of Water Quality 1 Surface Water Protection Year Month Day 5V Awuwwdmw� rLo l i a 1 NCDENR National Pollutant Discharge Elimination System Certificate of Coverage D �f Noa C.nou_tl� or NO EXPOSURE CERTIFICATION for Exclusion - RECEr.ED Emnrtowwcxr,wo N.vtn.LL Rclowcc! NCGNE0000 N.C.Cc • E-N't JAN 2 4 2011 NO EXPOSURE CERTIFICATION Wir.stcn-Salem Rcg:o oal Office National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permifbased 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 only­not 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 required to self re-certify your No Exposure Exclusion annually. For questions,please contact the D WQ Regional Office for your area. (See page 6) (Please print or type) 1) Mailing address of ownerloperator(address to which all certification correspondence will be mailed): Name Vals ar Corporation 1647 English Road (High Point NC 27262 Contact Tina Levitt Street Address 8725 W. Higgins Rd City Chicago StatelL ZIP Code 60660 Telephone No. 773-628-5532 Fax: 773-628-5782 Email tlevitt(a)valspar,com Page 1 of 7 SWU-NE-12Aug2010 9CGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name The Valspar Corporation 1647 English Road Facility Facility Contact Tina Levitt Facility Street Address 1647 English Rd City Hiqh Point StateNC ZIP Code 27262 County Guildford Telephone No. 773-628-5532 Fax: 773-628-5533 Email tlevitt(d-valspar.com 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 direction from a roadway intersection). The facility is located south of West Point Ave on the east side of English Rd (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 /No 5) Is this a Federal facility? ❑ Yes �No 6) Latitude 39 deg 56 min 49 sec N Longitude 80 deg 1 min 12 sec W (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 ❑ Existing Date operation began Facility is currently inactive. No production ❑ Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? VYes ❑ No If yes, what is the NPDES Permit Number? General Permit# NCGO90012 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: 2 8 5 1 (Site is closed, no operations and no chemical on site) 10) Provide a brief description of the types of industrial activities and products produced at this facility: None The facilty stopped production November 2009 and has been chemical free since December 2009. As well, afl outside areas have been cleaned 11) Does this facility have any Non-Discharge permits (ex: recycle permits)? 61No ❑ Yes If yes, list the permit numbers for all current Non-Discharge permits for this facility: Page 2 of 7 swu-NE-1 2Aug2oi a NCGNE0000 No Exposure Certification Ex posure Cheeklists(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 CO No 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 c. Materials or products from past industrial activity ❑ Yes V No d. Material handling equipment(except adequately maintained vehicles) ❑ Yes l/No e. Materials or products during loading/unloading or transporting activities ❑ Yes VN0 f. Materials or products stored outdoors (except final products intended for outside ❑ Yes W/No use [e.g., new cars]where exposure to stormwater does not result in the discharge of pollutants) I g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes 6/ No and similar containers h. Materials or products handled/stored on roads or railways owned or maintained by Cl Yes VNo the discharger i. Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]) ❑ Yes IJNo j. Application or disposal of process wastewater(unless otherwise permitted) ❑ Yes VNo k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes A otherwise regulated (i.e., under an air quality control permit) and evident in the stormwater outflow I. Empty containers that previously contained materials that are not properly stored ❑ Yes 5/No (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 M No 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 and piping free of rust, damaged or weathered coating, pits, or M Yes ❑ No ❑ N/A deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any C/es ❑ No ❑ N/A cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? Page 3 of 7 swU-NE-12Aug2010 NCGNE0000 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 all single above ground storage Cl Yes ❑ No VN/A containers(including drums, barrels, etc.)with a capacity of more than 660- gallons?b. Is secondary containment provided for above ground storage containers stored I/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 O/A Amendments and Reauthorization Act(SARA) water priority chemicals"? / d. Is secondary containment provided for hazardous substances"designated in 40 ❑ Yes ❑ No 4/NIA CFR §116? e. Are release valves on all secondary containment structures locked? m Yes ❑ No ❑ NIA 15) Hazardous Waste:a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes VNo b. Is this facility a Small Quantity Generator(less than 1000 kg. of hazardous waste ❑ Yes CV/No generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator(1000 kg. or more of hazardous waste [ Yes ❑ No generated per month) of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s)of waste: Site has a LQ haz Waste permit but it is not being actively used. Site is free from all chemicals and haz. Waste currently. Kept permit active while cleaning out site. /rloi;n How is material stored: NIA I Where is material stored: N/A . No waste on site. Site clean and non-operational since Dec 2009. -— How many disposal shipments per year: 4 shipments in 2010, Zero in 2011 Name of transport 1 disposal vendor: Rineco Transportation LLC Vendor address: 1007 Vulcan Rd Henten AR 72015 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 4of7 SWU-NE-12Aug2010 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 N(No b. Does your facility have coal piles on site? ❑ Yes dNo c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes VNo sawdust, etc.? ,/ d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes ® No 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 ❑ Yes [--] No t/N1A Permit? Please specify: We ceased production November 2009 f. Please list any other environmental program permits(federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: MU 091115 0 q Program: #A,Z WA ST6 Permit: Program: _ Permit: Program: _ Permit: Program: _ Permit: Program: _ Permit: Program: _ Permit: Program: _ Page 5 of 7 SWU-NE-1 2Aug201 0 14CGNE0000 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 annually self re-certify No Exposure and, if requested, submit the re-certification to DWQ or 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: Tina Levitt Title: Vals ar Consumer Division Health Safgty&Environmental Mana er 114 dzi aoii (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 issuances 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 anytime 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 or 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($10,000). There is currently no fee for a No Exposure Exclusion, Page 6 of 7 SWU-NE-12Aug201 O . 4R-CGNEO000 No Exposure Certification Final Checklist This application should include the following items: i This completed application and all supporting documentation. A map with the location of the facility clearly marked. If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8. Mail the entire package to: Stormwater Permitting Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of a No Exposure Exclusion. For questions,please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Win ale Fayetteville Office ... (910)433-3300 Mooresville Office ... (704) 663-1699 in Raleigh Office ........ (919) 791-4200 1!e vo le Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 lie Central Office .........(919) 807-6300 _J-- Wil1 ngton Page 7 of 7 SWU-NE-12Aug2010 y ? iv'T! Pllly!w�S,fltiie'1/'s +� 1CiS- f�_"^�TC7� et�_° 3j'y��' ` �mmuslo! ; f - e � 17F �' !' �°��,•, fi �- � 11 .° / - � VIM �119�® :: � � tt� _ r.���_• ��� `, 'a ��--q, ice_ ����-�;��p��y��1��i! ;���-�� M"Ti��$c'�1'ww--.sat" ���ttimen'"'-Y SOM-MIN ZVI ®R �`� .�, r i t M ! l 1 i •ate`,, _ l My m mmpo'-'K -OW -6 HIM, OWN, wood A r q �lE som „ - RIM, � ! - - f ry (fz y�st� d Va i s a 1 8725 VV.Higgins Rd. T 773-628-5 00 Suite 1000 valsparglobal.corn if it matters,we're on n-4 Chicago,IL 60631 RECEIVED N.C.Dent.of c aR SEP 16 2010 �.� WinstC.'1-Salt; Regional Of`ice August 19,2010 Division of Water Quality Attn: Director of DWQ t)ENR - NIA,. 1617 Mail Service Center Wettand� Raleigh, North Carolina 27699-1617 RE: SDO-003 Bypass Notification General Permit No: NCG090000, Certificate of Coverage: NCGO90012 Valspar Corporation, 1647 English Road, High Point NC 27262 Dear: DWQ Director: As required per Valspar's Stormwater General Permit-Section E7,this correspondence is to serve as notification for plans to bypass of one of the sites outfalls(SDO-003). The facility has just begun the final clean-up phase. Production ceased at the site in December of 2009 and the site has been chemical free since January 2010. The entire area currently draining to outfall SDO-003 was pressure washed in March of 2010. The final site clean-up will include excavation and the removal of all existing piping that leads to SDO- 0003. The area will be graded so stormwater drains via sheet flow to a new catch basin and discharge pipe, which will serve as the new outfall. It is not anticipated that this change will introduce quality issues for the stormwater. The clean-up and subsequent excavation in this area will insure that the quality of the stormwater run-off from the site presents no issues. Valspar is working with a private consultant on this project. We plan to begin breaking ground in this area of the site September 3,2010, Certification: '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 gather and evaluate 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 fines and imprisonment for knowing violations.' If there are any questions, please feel free to contact me at 224-532-0761. PAGE 1