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HomeMy WebLinkAboutNCS000312 2011 Name Changef�+�r ..��".A NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 24, 2011 James G. Kreger COMPLIANCE MANAGER DART Acquisitions, LLC 4132 Pompano Road Charlotte, NC 28216 Resources Subject: Permit No. NCS000312 DART Acquisitions, LLC Charlotte Facility Mecklenburg County Dear Mr. Kreger: Dee Freeman Secretary Division personnel have reviewed and approved your request to change your name under the individual permit, received on July 15, 2011. Please find enclosed the revised permit cover page. The terms and conditions contained in the permit remain unchanged and in full effect. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, for Coleen H. Sullins cc: Winston-Salem Regional Office Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 91M07-6300 FAX: 919 07-64941 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally NCS00312 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELDUNATION SYSTEM In compliance with the provision 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, DART Acquisitions, LLC is hereby authorized to discharge stormwater from a facility located at DART Acquisitions, LLC 4132 Pompano Road Charlotte Mecklenburg County to receiving waters designated as Stewart Creek, a class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V and VI hereof. This permit shall become effective August 24, 2011. This permit and the authorization to discharge shall expire at midnight on April 30, 2014. Signed this day August 24, 2011. Z"'f 9d"6e, 1ArColeen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission DISPOSAL AND RECYCLING TECHNOLOGIES 4132 Pompano Rd. Charlotte, NC 7o4-395-9559 July 11, 2011 Mr. Bradley Bennett Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 VIA CERTIFIED MAIL 70110470 0002 2250 5055 Re: Change of Name/Ownership under Stormwater Permit NCS000312 Dear Mr. Bennett: As of July 6, 2011 the facility known as Heritage Environmental Services, LLC located at 4132 Pompano Road, Charlotte, North Carolina under Stormwater Permit NCS000312 has been sold to DART Acquisitions, LLC (DART). Enclosed you will find a completed and signed "Permit Name/Ownership Change Form" also included is an original signed `Bill of Sale" as requested by the department. Please be advised that DART will continue to abide by the current stormwater permit conditions, sampling/monitoring protocol and compliance schedule requirements as dictated in the permit. If you should you have any questions regarding the above, please contact me 248-840-9017. Sincerely, DART Acquisitions,, LLC James G. Kreger, CHMM Compliance Manger Enclosures IUL 1 5 201, F WArF \OHO RQG Beverly Eaves Perdue, Governor Gj Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources O `C Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C I S 10 1 0 10 1 3 1 N I C I G H. Permit status prior to requested change. a. Permit issued to (company name): b. Person legally responsible for permit: Heritage Environmental Services, LLC Deborah C Edwards First Ml Last Vice President Title 7901 West Morris Street Permit IIolder Mailing Address Indianapolis IN 46231 _ City State Zip (317) 243-0811 (317) 486-5080 Phone Fax c. Facility name (discharge): Heritage Environmental Services, LLC d. Facility address: - 4132 Pompano Road Address Charlotte NC 28216 city State Zip e. Facility contact person: Craig G. Hogarth _(317_) 486-2783 _ First / Ml / Lash � 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 If other please explain: b. Permit issued to (company name): DART Ac uisitions, LLC c. Person legally responsible for permit: Erik Bomireto First MI Last President Title 8647 Lyndon Street Permit Holder Mailing Address Detroit Na 48238 city State Zip (313) 491-2072 erii @dartworldwide.cona _.. . Phone E-mail Address d. Facility name (discharge): DART Acquisitions, LLC e. Facility address: 4132 Pompano Road _ Address Charlotte NC 28216 City State Zip f. Facility contact person: James G Kreger First MI Last (313) 491-2072 -jkreger dartworldwidexom -- Phone E-mail Address Revised 512008 PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: James G. Kreger First Ml Last ^ Compliance Manager Title 4132 Pompano Road Mailing Address Charlotte NC 28216 City State Zip (313) 491-2072 jkreger@dartworldwide.com Phone E-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) Vl 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): I, Debi Edwards attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 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 07-Ur�-it Date 1, Erik Bomireto, 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. ze ignature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 FORM OF BILL OF SALE THIS BILL OF SALE (this "Instrument"), dated as of July 6, 2011, is made by and between DART Acquisitions, LLC, a North Carolina limited liability company, ("Boyer"), Heritage Environmental Services, LLC., an Indiana corporation ("HES, LLC"), and Heritage Environmental Services, Inc. ("HES, Inc."), an Indiana limited liability company (together with HES, LLC, "Sellers") and delivered pursuant to, and subject to the terms of, the Asset Purchase Agreement (the "Purchase Agreement"), dated as of December 17, 2010, by and among Buyer and Sellers. Capitalized terms not otherwise defined in this Instrument shall have the meanings given to such terms in the Purchase Agreement. WHEREAS, Sellers have agreed to sell to Buyer all of the Purchased Assets pursuant to the terms of the Purchase Agreement. NOW, THEREFORE, subject to the terms and conditions of the Purchase Agreement and for the consideration set forth therein, Buyer and Sellers each hereby agree as follows: 1. Sellers do hereby sell, convey, transfer, assign and deliver to Buyer, and Buyer hereby acquires and accepts from Sellers, all of the Purchased Assets. Sellers hereby warrant and confirm to Buyer that: (i) Sellers have the full right to sell all of the Purchased Assets and (ii) the Purchased Assets herein sold are free and unencumbered, except as provided in the Purchase Agreement. Sellers covenant and bind their respective successors and assigns to warrant and defend the title to the Purchased Assets to Buyer, its successors and assigns, forever, against the lawful claims of all persons. Notwithstanding anything contained herein, Sellers will retain and not sell, and Buyer will not acquire, the Excluded Assets. 2. At any time or from time to time after the date hereof, at Buyer's request and without further consideration, Sellers shall execute and deliver to Buyer such other instruments of sale, transfer, conveyance, assignment and confirmation, provide such materials and information and take such other actions as Buyer may reasonably deem necessary or desirable in order to more effectively transfer, convey and assign to Buyer, and to confirm Buyer's title to, all of the Purchased Assets, and, to the full extent permitted by law, to put Buyer in actual possession and operating control of the Purchased Assets and to assist Buyer in exercising all rights with respect thereto. 3. This Instrument shall be governed by and construed in accordance with the domestic laws of the State of Michgian, without giving effect to any choice of law or conflict of law provision (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan. 4. This Instrument shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 5. This Instrument is executed and delivered pursuant to the Purchase Agreement. This Instrument shall not be deemed to defeat, limit, alter, impair, enhance or enlarge any right, obligation, claim or remedy created by the Purchase Agreement, and in the event of any conflict between the Purchase Agreement and this Instrument, the Purchase Agreement shall control. 6. This Instrument may be executed in one or more counterparts, all of which shall be considered one and the same Instrument, and shall become effective when one or more of such counterparts have been signed by each of the parties and delivered to the other party. [Rest of Page Intentionally Left Blank] IN WITNESS WHEREOF, this Instrument is duly executed and delivered as of the day and year first above written. BUYER: DART ACQUISITIONS, LLC By:, Name: — �,` kttZV Title: ,/r' S` W-T— SELLERS: HERITAGE ENVIRONMENTAL SERVICES, INC. HERITAGE ENVIRONMENTAL SERVICES, LLC By: Name: _ 1111 c i1�c,n Title: C80 8547093.2