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HomeMy WebLinkAboutNC0087912_owner name change_20170807ROY COOPER Water Resources ENVIRONMENTAL OUALITY Mr. John M. Helms Speedway LLC 500 Speedway Dr Enon, OH 45323 MICHAEL S. REGAN S. JAY ZIMMERMAN August 7, 2017 Subject: Transfer of NPDES Permit NC0087912, Speedway #6973-remediation site Franklin County Dear Mr. Helms: The Division has recently reviewed the permit file for the subject facility. While the change of ownership you requested in June 2016 was approved and updated in our electronic records, we cannot verify that the transferred NPDES permit was sent to you. Accordingly, we have attached an updated copy of NC0087912. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 Memorandumand the 2 07 (or s sub t between ntly amended). Northarolina and the U.S. Environmental Protection Agency dated October This modified permit includes the following changes from your current permit: ➢ The owner and facility names have been updated to show Speedway, LLC as the owner ➢ The eDMR requirements have been added to the permit. ➢ Regulatory citations have been added to the permit. If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding - This permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by any other Federal, State, or Local governmental regulation. if you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via a -mail [charles.weaver@ncdenr.gov]. in rely, S. Jay Zimmerman, D ctor Division of Water Resources cc: Central Files Raleigh Regional Office 1 Danny Smith NPDES Unit State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https✓/deq.nc.gov/about/divisions(water-resources/water-resources-permits/wastewater-branch/npdcs-wastewater-permits Permit NCO087912 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELEWWATION SYSTEM In compliance with the provisions of North Carolina General Statute_143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Speedway, LLC is hereby authorized to discharge wastewater from a facility located at the Speedway #6973 13960 Capital Boulevard Youngsville Franklin County to receiving waters designated as an unnamed tributary to Richland Creek in the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, BI and IV hereof. This permit shall become effective August 7, 2017. This permit and authorization to discharge shall expire at midnight on March 31, 2018. Signed this day August 7, 2017. ox",- SAf Zimmerman, P.G. Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NC0087912 SUppLEAUNT TO PERMIT COVER SHEET whether for operation or discharge are hereby All previous NPDES Permits issued to this facility, d ermit bearing this number is no longer revoked. As of this permit issuance, any previously issuep exclusive authority to operate and discharge from this facility arises under the effective. Therefore, theprovisions included herein. permit conditions, requirements, terms, and Speedway LLC is hereby authorized to: -- Continue to operate a oil water arator system that includes the following components: 1. I er Separator Y ♦ .1-1,500.-gallon pre -cast oillwaterlsand separator, ♦ 172;000 gallon Kleerwater oil/watei separator, ♦ Associated PVC piping acid-. ♦ With discharge to into the existing storm sewer line. ui Franklin • • t Speedway #69�73�13�0 �aPital Boulevard, Young svil1e) This facility is located a p Y � County. - 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Richland- Creek, currently classified C NSW waters in the Neuse River Basin. page 2 of 6 Permit NCO087912 Part I A. (1) EFFLUENT LD41TATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfa11001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLU CS -- - LIMITS MONITORING REQUIREMENTS Parameter Code Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 50050 Monitor & Report Monthly Estimate Effluent Total Suspended Solids C0530 30.0 mglL Quarterly __Grab Effluent Oil and Grease' 00556 Monitor & Report Quarterly ----,Grab Effluent Napthalene2 34696 105 ug/L Quarterly Grab Effluent Total Nitrogen C0600 (NO2-N + NO3-N + TKN - —Monitor & Report (mg/W Annuals y Grab Effluent Total Phosphorus C0665 Monitor & Report (mgfL) Annually Grab Effluent -- Notes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR application system [see A. (3)]. 2. The grab sample for Oil and Grease should be skimmed from the surface in a quiescent zone, if possible. 3. If Naphthalene is not detected above the method detection limit during the first eight sampling events, its monitoring requirement shall be waived for the remainder of the permit term. If it is detected above the detection limit during the first eight sampling events, the monitoring requirement shall remain in effect for the remainder of the permit term. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2) SITE MANAGEMENT PRACTICES AND SPILL RESPONSE [NCGS 143-215.66] The Site Management Practices and Spill Response submittal of August 13, 2005 has been approved and is an enforceable part of this permit. A. (3) ELECTRONIC REPORTING OF MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. Page 3 of 6 Permit NC0087912 NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): Section B. (I 1.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Revorting Re uirements Su ersedes Section D. 2. and Section E. 5. a The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the states eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). Page 4 of 6 Permit NCO087912 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website. that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.0a.gov/compliance/final-national-pollutant-discharge-elimination- s stem-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deg.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements (Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part H, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Page 5 of 6 Permit NC0087912 Certification. Any person submittingan electronic DMR using the states eDMR system shall make the ' 40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL following certification [ BE ACCEPTED: ►► penalty o law, that this document and all attachments were prepared under my I certify, under p ty .f ' ' n in accordance with a system designed to assure that qualified personnel persons direction or supervision o the person or pe tither and evaluate the information submitted. Based on my inquiry .f v oration, the properly g the stem, or those persons directly responsible for gathering the and complete. I am whomanage system, true, accurate, p information submitted is, to the best of my knowledge and belief, information, including the possibility of f e that there are significant penalties for submitting false away fines and imprisonmentfor knowing violations." 5. Records Retention Su cements Section D• 6 MonitoringRe orts, including eDMR submissions. The permittee shall retain records of all Discharge ,od of at years from the date of the report. .� These records or copies shall be maintained or a pen _ . a be extended by request of the Director of any time [40 CFR 122.41]. This period may -� — Page 6 of 6 NCO087912 — Speedway #6973 Facility Latitude: 36°00'51° N USGS Quad: Grissom Location Longitude, 780 31' 01• W Stream Class: C - NSW Receiving Stream, UT to Richland Ck River Basin: Neuse Franklin County Sub -Basin: 03-04-02 ✓A,VQja 11 tY Map not to scale RECEIVED/NCDEQ/DVVR JUN16 NCDENR Water 13 20 Wafer Quality North Carolina Department of Environment and Natural ReSOUFamittin9 Section Division of Water Resources Pat McCrory John E. Skvarla, III Governor WATER QUALITY PERMITTING SECTION Secretary PERMIT NAME/OWNERSHIP CHANGE REQUEST This form is for ownership changes or name changes of NI'DES wastewater permits. • "Permittee" references the existing permit holder • `Applicant" references the entity applying for the ownership/name change.. 1. NPDES Permit No. (for which the change is requested): N C 0 0 8 7 9 1j� or Certificate of Coverage #: N C G 5 11. Existing Permittee Information: a. Permit issued to (company name): N/A please see certificate of merger b. Person legally responsible for permit: First MI Last Title Pennit Holder Mailing Address c. Facility name: d. Facility's physical address: e. Facility contact person: Ill. Applicant Information: a. Request for change is a result of: If other please explain City State zip Fax Wilcolless #197 11960 Capital Blvd Address Youngsville NC 27587- City State Zip First / MI / Last Phone M Change in ownership of the facility ❑ Name change of the facility or owner b. Permit issued to (company name): Speedway LLC c. Person legally responsible for permit: John M Helms First MI Last Manager Corporate Environmental Title 500 Speedway Drive Permit Holder Mailing Address Enon Oil 45323 City State Zip (937)863-7377 USTeompliance@speedway.com Page 1 of 2 Revised 710112014 d. Facility name: Speedway #6973 e. Facility's physical address: 13960 Capital Blvd Address Youngsville NC 27587- City State Zip f. Facility contact person: Dan First MI Smith Last Store Manager Title (919) 569-0075 USTcompliancepaspeedway.com Phone E-mail Address IV. Will the permitted facility continue to conduct the same commercial/industrial activities conducted prior to this ownership or name change? Z Yes ❑ No (please explain) If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: 1. This completed application is required for both name change and/or ownership change requests. 2. 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. Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114 ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change (Permittee), 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): I, , 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. Signature APPLICANT CERTIFICATION Date I, John M. Helms, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of owledge. I derstand that if all required parts of this application are not completed and that if all required orting formati is of included, this application package will be returned as incomplete. .t Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center NPDES PERMIT NAME/OWNERSHIP CHANGE REQUEST Page 2 of 2 Revised 710112014 SOSID: 0586362 Date Filed: 1/5/201610:40:00 AM Elaine F. Marshall North Carolina Secretary of State C2016 004 01133 Delawai. e'.. Page 1 The First State I, JEF''FREY W. BULLOCK, SECRETARY OF STATE OF THE STATE Or' DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES "WILCO FOOD SERVICES LLC", A DELAWARE LIMITED LIABILITY COMPANY, •; "BESS WILCO HOLDINGS, LLC", A DELAWARE LIMITED.LIABILITY COMPANY, "WILCORESS LLC", A DELAWARE LIMITED LIABILITY. COMPANY, "BESS RETAIL HOLDINGS LLC", A DELAWARE LIMITED LIABILITY COMPANY, WITH AND INTO "SPEEDWAY LLC" UNDER 2M NAME OF "SPEEDWAY LLC", A LIMITED LIABILITY COMANY ORGANIZED AND EXISTING UNDER TEE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND ` 'FILED.- IN 'THIS OFFICE ON THE TWENTY-SECOND DAY OF DECKER, A-. D .* 2015, AT' .1:.47 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE: ' DATE OF TEE AFORESAID CERTIFICATE OF MERGER IS THE FIRST DAY OF JANUARY, A.D. 2016 AT 12: 01 O'CLOCK A.M. - _ ..... _..._ . aars; �� xrr�r w. eus4x� smaesy yr Scar fit.... .�� 2775076 8100M .• ., Authentication: 201603793 SR# 20151490339 Date:01-04-16 You may verify this certificate online at corp.deiaware.gov/authver.shtml 2775076 8100M `A"'�3� Authentication:201603793 SR# 20151490339 �"Date: 01-04-16 You may verify this certificate online at corp.delaware.gov/authver.shtml Stite of Deb are Secretary of Slik Dhl6ti of Corporations DeWend. 01:47PM12/22-1015 .FILED 61:47 Pm 12nm01s .SR:20151490330 *- FfleNumber 2775076 state AMP12W.2-r-e M Oro �rg C. Ord-flente of U. Pumostic-Limifod- Umbffity. Compant Pursuant-io-T-ide6li-Secdon::18-209-ofthe -Delaware.-L-inlited'L-iobilitY.-C'emp.aO.Aot.thei4ndeoigp�d j ,C 0 IfiniftO' ability cotVany executed4he. gi�caie. rm'. Fint: The name of the surviving Limited Liability 'Compan S Y e.-Amited liability. -co "es. being meted into, ft- ixwv!*ini ' names Qf4btin AW ;companies ...lit6ilk-Y -'Fkss Wilco: Holdings LLIb: `4nd-JA qqn?]pan :are WjjcdHe��s Mp- Wilco .06 :$-Orvices ttC- y F Retail Holdings Ut AgreeMent.4-Merger has:beep-:approved,adopted, certified, executedand q alow led TA:constituanimiedaa'iliiy companies. ThW: Thp-ume-qfftsuq*vJag.liq ited y u :liaWJit.--cpMpan.:i .:S e0wa ..y.6 p Fourth: Tbe-merger.s-to become.:e ff-octive,on January 1. 2016--at l2:01.&.`In.* ,� .. I .. fifth; Ibe- Agreement of Merger is on file at. 500 -Sp.wdway rive, Enon, Ohio 45-A-MO56 the fty. C. bn, Y ptincipal,place of business of the, surviving IAUa g.mite4 bil.. . PM -SbA---A.cppy-of--the Agreement-pf.Mcrger will.be.flunished...by. dwsurviv.mg1imited IiWlftyPwpan .,Cbx-e ...- es . 4.- vdiihout. O.Wa4 -,0011,6-consti - t.lioted'Jiabuity.- Y qu Y.meniba h= SS W.UREOR, said surviving ving limited liabiity co�pany has.vowed. this. ce'eate to be sigptd*aa-#qffiOr*persqn, theI2ftd-44y--6fDeOO*i A. �`Idf Authorized--.P.d Name.. Shane T. Pfleiderer. Title: A mstant%sle,cteutry- {3W2I;RTF--} SECRETARY'S CERTIFICATE 1, David E. Ball, Secretary of Speedway LLC, a Delaware limited liability company, do hereby certify that the following is a true and correct copy of a resolution unanimously adopted by a Consent of Managers of Speedway LLC dated the 140'day of February, 2003: "NOW, THEREFORE BE IT RESOLVED: That the Corporate Manager, Environmental of this Company, is hereby authorized, so long as he/she acts in a representative capacity as agent of this Company, and to the extent said Corporate Manager, Environmental is allowed by law or regulation to perform such acts ("Environmental Matters"). to prepare, execute, and deliver the following on behalf of the Company: (1) Federal, state, and local environmental permit and license applications or renewals, or consent orders; (2) Routine environmental reports required by permits, licenses, or regulations, including, but nor limited to, discharge monitoring reports, air emissions reports, waste management documents, and SAIL4 quarterly and annual reports; (3) Responses to requests for information relating to environmental compliance or enforcement, including but not limited to matters arising from a permit or related documents: and (4) Documents relating to corrective action, including but not limited to access or license agreements, agreements with governmental entities, restrictive covenants and other documents required to obtain environmental closure of risk -based corrective action projects; All as required or permitted under federal or state environmental, public health and saidy laws. or any implementing regulations or amendments to such laws or regulations, including, but not homed to: Clean Air Act, Comprehensive Environmental Response, Compensation and I iabdity Act, Toxic Substances Control Act, Resource Conservation and Recovery Act, Federal Water Pollution Control Act, the Occupational Safety and Health Act, and the Safe Drinking Water Act. FURTHER RESOLVFD: That the Corporate Manager, Environmental, when signing such documents, will be required to comply with any applicable internal controls and policies, including, but not limited to, Financial Approval Authority and Law Organization review and approval as to font." This is to further certify that the foregoing resolution is still in full force and effect as of the date hereof. IN WITNESS WHEREOF, 1 have hereunto affixed my signature this .;21&day of February, 2013. David E. Ball, Secretary Speedway LLC Kevin Ponder, Director Environmental & Mtnce. Enon. OH DOH: 10/26/199393 Danny Coffey, Manager Jim Ducceschi, Manager Michael Earegood, Manager Field Mtnce, East -Conversion Integration Field Mtnce. Enon,,OH Enon, OH Enon, OH DOH: 6/21 /1993 DOH: 3/15/1999 DOH: 11 /17/2003 John Helms, Manager Michelle McKee, Manager Kelly Riley, Manager '. Corporate Environmental Corporate Mtnce. Store Support & Repair Shop y = t Enon, OH Enon, OH Enon, OH DOH: 12/13/1982 y „ DOH: 10/10/1994 DOH: 7/7/1997