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