HomeMy WebLinkAboutNCGNE0174_COMPLETE FILE - HISTORICAL_20160226STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
AJC62AJe J/ Zv
DOC TYPE
0 COMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
❑ 6/�
YYYYMMDD
✓'
PAT MCCRORY
i
�� iJrn•crm,
DONALD R. VAN DER VAART
>• \ecrwair ,,,-
Energy, Mineral
and Land Resources
TRACY DAVIS
£NVIRONM£NTAL OUAL.I'I'V
February 26, 2016 O,r-e00
Mr. ,lames Winegar
OmniSource Southeast, LLC -- Cherryville, NC
2233 Wal-Pat Road
Smithfield, NC 27577
Subject: Requested rescission of stormwater permit coverage under A/C n%E0/74-
❑ Rescission request denied. Reason:
Rescission request approved, effective immediately. Permit coverage rescinded on the following basis:
You reported that you have ceased all regulated activity and sold the facility.
C
You reported that although you retain ownership or control of the facility, you have ceased all regulated
activity, and there are no materials remaining on site that may present a risk of stormwater pollution.
n
You reported that continued permit coverage is not required because the site activities are not regulated
by the NPDES stormwater permitting program,
(
Note other basis:
❑ DEMLR Regional Office (RO) inspection and concurrence
L-v""No RO inspection. We are relying on your representation that a permit is no longer required.
Discharging regulated industrial stormwater, discharging wastewater, or operating a treatment facility
without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per
day. The Division may pursue enforcement action on persons that have voluntarily relinquished permit
coverage when continuing permit coverage was necessary. If in the future ybu wish to again discharge to
the State's surface waters, you must first apply for and receive new coverage under an NPDES permit.
If you have questions about our determinations above, please contact the DEMLR Regional Office
(copied below), or L aura ,��eXar,d�/ in the Raleigh Central Office at (919) 807-6368.
Sincerely, ice
X�J P
for Tracy E, Davis, P.E., CPM, Director
Division of Energy, Mineral; and Land Resources
Stormwater Permitting Program files — with attachments
DWR Central Files
DEMLR Budget Office, Deborah Reese (rescissions only)
DEMLR Role�,qh Regional Office.
J
Slate of North Carolina j HnvirOnlnenlal Qualily I Energy, Mincral and band Resources
1612 Mail service Center 1512 North Salisbury Street I Ralcigh, North Carolina 27699-1612
919 707 9220 T
r�
NCDENR
rva1ni C.n01— or " Hr —
r.NVVCNM NT nND NATuI11L nf.50UFCG9
Division of Energy, Niincrnl & Land Resources
Land QuniitY Section/Sf01'n1NN'atCr Pernlittint I'ro�ran3
FOR AGENCY USE ONLY
Date Received
Year
Month
I Day
National Pollutant Discharge 1=1in3ina61011 SN'stem ??&402W6 RerGl'/ld" d Lz, F CL'T7an
PPgf'trGInIU PPr)I IFrT 1:nF2Ill
. A9e;.A1 f"
3..0 T4A?'- fn� m
Please fill out and return this form if you no longer nr�to ma�ays �
n your
look 9%lk
Ker per`r 't;s 4tedd �ny�Jt�y.
1) Enter the permit number to which this request applies:
Individual Permit (or) Certificate of Coverage
N Es s� Nv c G N E 0 1 7 4
Z] Owner/Facility Information: * Final correspondence will be moiled to the address noted below
Owner/Facility Name Wise Recycling I, LLC
Fa ci I ity Co nt a ct Gary Taylor
Street Address 17 t}iL I alyd. _ -
City _aL-,Wh State NC ZIP Code 27604
County E-mail Address tmurphy@wiserecyclincj.com
Telephone No, 919 550-8008 Fax: 410 285-6662
3) Reason for rescission request: (This is required Information. Attach separate sheet if necessary):
Facility closed or is closing on i 9 30'114, All industrial activities have ceased such that no discharges of
stormwater are contaminated by exposure to industrial activities or materials.
❑ Facility sold to !. ' _ _ on i _ - I . 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 tide
subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief
such information is true, complete and accurate.
Signature Date -7/2.3�7s
Tina Murphy V_ _P Financial lysis
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 27699-161
EcEIvED
1612 Mail Servlce Center, Raleigh, North Carolina 27699-1612
Phone: 919-807-63001 FAX: 919-807-6492 JUL 28 2015
An Equal ppportunity 1 Affirmative Action Employer DENR-LAND QUALITY
ST
GRMWATER PERMITTING
WISE
RECYCLING LLC
Wise Recycling, LLC c/o A. Logsdon
805 Hammock Lane, Farragut TN 37934
October 21, 2014
NCDENR
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh NC 27699-1612
RE: Notice of Ownership Change — NPDES Stormwater Certificate NCGNE0174
Location Sold 07/01/14 — New Owner/Operator Wise Recycling 1, LLC
Facility: 1617 Capital Blvd, Raleigh NC 27604
Dear Stormwater Permitting Division,
On July 1, 2014 the above referenced recycling facility was sold and is now under new ownership. The
new owner/operator, Wise Recycling 1, LLC, intends to continue to operate the site as a recycling
center. On July 30, 2014, we completed and signed the "prior" operator section of a Permit
Name/Ownership Change Form and forwarded to the new owner/operator (Wise Recycling 1, LLC) for
their signature and submission to NCDENR.
To date we have not received confirmation that the new operator has in fact submitted the ownership
change notice, therefore please accept this letter as our notice to you that effective 07/01/14 we are no
longer operating the facility. A copy of the ownership change is attached for your reference.
Below you will find contact information for the new owner/operator. Notice related to that facility for
activities after 07/01/14 should be forwarded directly to them.
NEW Owner/Operator: Wise Recycling 1, LLC (Fed ID 47-0986130)
7600 Rolling Mill Road
Baltimore MD 21224
Phone: 410-285-6900
Greg Rochlin, CFO/President grochlin@wiserecyciing.com
Any correspondence related to the prior/original operator (Wise Recycling, LLC - Fed ID 52-2080576)
should be forwarded to Wise Recycling, LLC c/o A. Logsdon 805 Hammock Lane, Farragut TN 37934.
If you have any questions feel free to contact me at 410-697-3248.
Sincerely,
K.G.Kalivoda
Vice President
Email: kkalivoda@wiserecycling.com
RECEIVED
10.1 G r 7014
�)gAR.tmo qup'UTY
*Mwx%jj PERMITTING
Ar-wADivision of Energy, Mineral &Land Resources
A.�i ® Land Quality Section/Stormwater Permitting
MCIDENational Pollutant Discharge Elimination System
o,PERMIT NAME/OWNERSHIP CHANGE FORM
FOR AGENCY USE ONLY
Date Received
Year Month
Da
I. Please enter the permit number for which the change is requested.
NPDES Pennit (or) Certificate of Coverage
N C S d N I C I G I
II. Permit status prior to requested change.
a. Permit issued to (company name): Wise Recycling. LZC
b. Person legally responsible for permit: K Kalivocia
First Mt Last
Vice President
Title
_ 555 Wise Road
Permit Holder Mailing Address
Clanton NC 27520
City State Zip
{ 919) 261-5171 { 919 ) 325-4742
Phone Fax
c. Facility name (discharge): Wise Recygling-Capital Blvd
d. Facility address: 1617 Capital Blvd
Address
Raleigh NC 27604
City State Zip
e. Facility contact person: Garu Taylor � ( 919) 369-7885
First / MI I Last Phone
I11. Please provide the following for the reques(ed change (revised permit). +
a. Request for change is a result of: Change in ownership of the facility C Fr ! t 1
❑ Name change of the facility or owner
If other please explain:
b. Permit issued to (company name): }Wise-Recycling_l.,_LLC__7 Fea_ULAL-_a28ji00
c. Person legally responsible for permit: GrgcL_ gochj1 B
First MI Last
President
Title
Z600 Rolling Mill Rd
Pennit Holder Mailing Address
Baltimore MD 21224
City State Zip
( 410) 665-6900
Phone E-mail Address
d. Facility name (discharge): wise ONE - Capital Blvd
e. Facility address: 1617 Capital Blvd
Address
Raleigh NC 27604
City State Zip
f. Facility contact person: ary Taylor _
First MI Last
( 919) 550-8008
Phone E-mail Address
1V. Permit contact information (if different from the person legally responsible for the permit)
Rev,sed Jan. 27, 2014
MCGNE0174 - Wise ONE - 1617 Capital Blvd, Raleigh NC
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact:
MI Last
Title
Mailing Address
City State 'Lip
Phone F-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
o t is 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 (Pennit holder prior to ownership change):
1, , 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 Date
APPLICANT CERTIFICATION
, , 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 arc not
completed and that if all required supporting information is not included, this application package will be
_ returned as incomplete.
r
Signature
Date
\J
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
Rev.sed Jan, 27, 2014
Execution Version
BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT
This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT (this
"Agreement'), dated as of July 1, 2014, is made by and among Wise Recycling_I,-:LLC; a
Delaware limited liability company (the "Com an "), Wisd Recycling, LLC, a:Maryland limited
liability company ("Wise Subsidiary'), Wise Recycling West, LLC, a Delaware limited liability
company ("Wise Property Owner'), and Wise Metals Holdings LLC, a Delaware limited liability
company ("Wise").
WHEREAS, the Company, Wise Subsidiary, Wise Property Owner, Wise, Source
Recycling, LLC, a Delaware limited liability company, and Terrapin Metals Recycling, LLC, a
Delaware limited liability company, are parties to that certain Contribution Agreement, dated as
of June 30, 2014 (as may be amended, modified or supplemented from time to time, the
"Contribution Agreement"; capitalized terms used but not otherwise defined herein shall have
the respective meanings ascribed thereto in the Contribution Agreement), pursuant to which,
among other things, Wise has agreed to cause Wise Subsidiary and Wise Property Owner to
transfer, assign, contribute and deliver to the Company all of Wise Subsidiary's. and Wise
Property Owner's right, title and interest in and -to the Wise -Contributed Assets, excluding the
Wise Excluded Assets, to the Company, and the Company has agreed to accept from Wise
Subsidiary, all of Wise Subsidiary's right, title and interest in and to the Wise Contributed Assets
and to assume the Wise Assumed Liabilities; and
WHEREAS, the execution and delivery of this Agreement by the Company, Wise
Subsidiary, Wise Property Owner and Wise is a condition to the obligations of the parties to the
Contribution Agreement to consummate the transactions contemplated by the Contribution
Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein and in the Contribution Agreement, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby,
each party hereto agrees as follows:
1. Transfer of Wise Contributed Assets. For value received, effective as of the
Closing and subject to the terms and conditions of the Contribution Agreement, each of Wise
Subsidiary and Wise Property Owner do hereby sell, transfer, assign, convey and deliver to the
Company, its successors and assigns all of such party's right, title and interest in and to the Wise
Contributed Assets, including, without limitation, all of the tangible personal property set forth
on Schedule 1 attached hereto, free and clear of all Liens (other than Wise Permitted Liens), to
have and to hold, all and singular, the Wise Contributed Assets forever, and the Company does
hereby accept the sale, transfer, assignment, conveyance and delivery of all of such party's right,
title and interest in and to the Wise Contributed Assets. Notwithstanding anything in this
Agreement or the Contribution Agreement to the contrary, Wise and Wise Subsidiary are
retaining ownership and possession of, and are not selling, transferring, conveying, assigning or
delivering to the Company, any right, title or interest in, to or under, any asset other than the
Wise Contributed Assets.
CH[;2840662.2
2. Assumption of Obligations, As part of the consideration for the Company's
purchase of the Wise Contributed Assets, effective as of the Closing, the Company hereby
assumes, undertakes and agrees to perform, pay, honor, be liable for and discharge when due,
any and ail of the Wise Assumed Liabilities.
3. Further Actions. From and after the date of this Agreement, each of the parties
hereto shall use all reasonable efforts to take, or cause to be taken, all appropriate action, do or
cause to be done all things necessary, proper or advisable under applicable Law, and execute and
deliver such documents and other papers, as may be required to carry out the provisions of this
Agreement and consummate and make effective the transactions contemplated by this
Agreement.
4. Miscellaneous.
(a) Except as otherwise provided in the Contribution Agreement, the
respective rights and obligations of the parties hereto shall not be assignable without the prior
written consent of the other parties hereto. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and permitted assigns.
(b) ' Nothing in this Agreement, express or implied, is intended to or shall be
construed to modify, expand or limit in any way the terms of the Contribution Agreement. To
the extent that any provision of this instrument conflicts or is inconsistent with the terms of the
Contribution Agreement, the Contribution Agreement will govern.
(c) This Agreement may not be amended or modified except in a writing
signed by the parties hereto.
(d) This Agreement shall be exclusively interpreted and governed by the Laws
of the State of Delaware and the federal laws applicable therein, without regard to its conflict of
law provisions.
(e) This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
[Signature Pages Follow]
2
IN WITNESS WHEREOF, each of the parties hereto has executed and delivered this
Bill of Sale, Assignment and Assumption Agreement as of the date first above written.
COMPANY:
WISE RECYCLING 1, LLC
By:
a reg Rochlin
"Title: Chief Executive Officer
WISE SUBSIDIARY:
WIS YCL , LLC
By:
Name. Rabe Ericson
Title: Vice President and Secretary
WISE PROPERTY OWNER:
WISE CY LT'cson
S , LLC
By:
Nasrie: Robert
Title: Vice President and Secretary
WISE:
WISE HO D GS LLC
By:
Name: Robert W. Ericson
Title: Executive Vice President, Chief
Legal Officer and Secretary
[Signature Page to Wise Bill of Sale, Assignment and Assumption Agreement]
A'#iA
HCDEHR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Tina Murphy
Wise Recycling I, LLC
7600 Rolling Mill Road
Baltimore, MD 21224
Dear Ms. Murphy:
August 24, 2014
John E. Skvarla, III
ISetary
F1LES
CeDWQIORAL gOG
Subject. Name/Ownership Change Request
No Exposure Certification NCGNE0174
Wise Recycling I, LLC
Formerly Wise Recycling, LLC
Wake County
The Division has reviewed your submittal of the permit name/ownership change form for the
subject No -Exposure Certification, which we received on August 5, 2014. 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.
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:l/portal.ncdenr.or-q/web/lr/
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
If you have any questions or need further information, please contact the Stonnwater Permitting
Program at (919) 807-6300.
Sincerely,
Q>
for Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc. Raleigh Regional Office, D. Parnell
Stormwater Permitting Program Files
Central Files
rA
A Division ofEnergy, Mineral Land. Resources
Land Quality Section/Stoi'nrn•ater Permitting
�i Nlational.Pollutant Discharge Elimmarton;System
NCDENR
PERMIT NAME/OWNERSHIP CHANGE FORM
rnr. tiy.«r+r awe r+c.w.� nla
IFOR AGENCYd1SE ONt:Y
10ate Recekvad
'.Year 11 Wanth
May
,1, Please enter the pemiit number for nrliieh the�ohanae is�requested.
N DES Permit (or) Certificatc,of,Coverag
N ;I C I S 0 I N 11 C 11 GIN I' I i1 AUG 0
I1. Permit status riot to requested elzange. 51Q14
a. Pertnit.issued to (company name): Tq
b. Person legally responsible for pertriit: K. Kalivoda
First �Nll Last
Vice President
'Title
555 'Wise Road
iP.ernut 'Holderi4tailing Address
Clacton 'NC '27520
'City ;State 'Zip ^
'( :9119 ) :2611-5171 1('9'19 1) '325-47,42
Phone Tax
c. Facility name (discharge): Wi-se Recticli,ng-Capi,tal_,Blvd
d. Facility address: 161,7 Capital Bl•.vd
,Address
RaleighNC 27604
City State Zip
e. Facility contact person: Gary Taylor ('9.19 ") 369=7885
First / M1,11asi Photte
Ill. Please provide the following for the requested change:(revised iperniit). r
a. Request for change.is a result of; Change in.o%vnership lof the,faeility C;�T 17 r[ ,1f a 4
E] Natne-ohange of the facilityior. owner
If orhe;• please explain:
b. Permit issued to (company name):
c. Person legally responsible for -permit
d. Facility name (discharge):
e. Facility address:
F. Facility contact,person:
.TVi v Ri3 cycling ,r, LLC — _Fed - D ,47-0986130
First , I 1nst
JaUc—
Title
7600 Rollincr 'Xill :Rd
PerttiWHcildcr Mailing Address
Baltimore KD .2.1:224
-City ;State :Zip
i 410 ) 685-6900
Phone :H-mail Address
Wise ONE — Capital Blvd
1617 Capital Blvd
Address
Ralei h -NC .27604
City State Zip
Gary Ta yjOr
First ImI -Last
550-8008
:Phone )E-mail,Address
IV. Permit contact information -(iftlifferent:from;flicipersonllegally•responsible;forithc;pcmiit)
Revised Jan.'27, 2014
4
' ' r
NCGNEO174 - Wyse ONE - 161:7 Capital Blvd,, RaJezgh;NC
NPDES PERMIT NAMEIOWNERSHEP CHANGE FORM
Page 2 of 2
Vertnit contact:
Tirsl MI Lust
Title
Mailing Address
!City ,state z.iP
Phone iF-mail Address
V. Witt thepermitted facility cuntinuelto conduct the same industrial! flcthities�conducted 3prior
o t Is ownership or name change?
Yes
No (please explain)
Vl Required Items: THIS APPLICATION WILL BE RETURNEWUNPROCESSED IPITEVlS
ARE INCOMPLETE OR MISSING:
'❑� This completed application:is required for�both!na[ne change and/or ownershipichange
requests.
(] Legal documentation of the transfer,of•ownership (such as.relevant pages,of,a-contractideed,
or a Bill of sale) is required for -an ownership change, request. At'ricles�of incorporation are
not sufficient for an ownership change.
The certifications below must be completed and:signcdiby both the perniitiholderlprior�to;the�dhange,:and
the new applicant'itt4lie case of an ownership change request. For n naitte,change:request,�the:signed
Applicant's Certification is sufficient.
PER[MITTEE CERTIf1CATION\ (Pel7uii }colder prior to�ownersh'ip change):
1, , attest that this application for a.name/ownership.change1as been i-eViewed;andiis:acciirate,and
.� complete to the best of my knowledge. J understand that cif all regriiredlparts�of+this:application,are not
completed and that if all 'regHired,supporting infom[ation isatot'included,itliis,applicationlpackage.willlbe
returned as incomplete.
S ignantre Date
APPLICANT CERTIFICATION
attest that this'application fora-name/owiiersliip cliange'.has'ibecn reviewed;and'is . accurate; and
complete to the best of my knowledge. 17understand,that ifall rcgtiir&l;parts ofitliis,tipplication;are=not
completed and that'if all requiredsupporting.infotnlation is=t included,,this application;paokage ivill'be
,� retu[ as itiCDn] fete.
Signatur 'Date
~ PLEASE SEND THE COMPLETE APPLICATION PACKAGE'TO:
Division of.1Energy,,Miner61•and Land Resources
Sioniiwater:Penriitti ng �Progratn
1-6,12 iMaihService,Center
Raleigh,:North Carolina'27699-1612
Raw -'sea dan. 27, 2014
Execution Version
BILL OF SALE ASSIGNMENT AND ASS UNIPTION ACRE, EMENT
This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT (this
"AereenienC ), dated as of July 4, 2014, is made by :and among Wise Recycling I,. L'LC, ;a
Delaware limited liability company.(the "Company"), Wise Recycling, LLC,;a'.Maryland.lirnited
liability company ("Wise,SubsidiM"), Wisc:Recycling West,,LLC, a Delaware'lliniiledllialiility
company ("Wise Property Owner"), and Wise.lMetals.Holdings.L,LC,�a'11)e1awareiliniitedilidbility
company
WHEREAS,, the Company, Wise Subsidiary, Wisc ?Property Owner, Wise, ,Source
Recycling, LLC, a Delaware limited liability company,;and'Terrapin McWsReg6ling,iLLC,:a
Delaware limited liability company, are parties,to that certain Contribution Agrecment, dated:as
of :tune 30, 20,14 (as may be amended, modified or :supplemented from time .to aline, ,the
"Contribution Agreement"; capitalized terms used ;but not otherwise defined 1her6in shall `have
the respective meanings :ascribed thereto in the Contribution Agreement), pursuant ,to which,
among other things, Wise has .agreed to cause Wise Subsidiary ;and Wise :Property Owner Ito
transfer, assign, contribute and deliver to .the Company all of Wise .Subsidiary's :and 'Wise
Property Owner's ,right, title -and interest in ,and to the Wise •Contributed. Assets, =excluding .the
Wise Excluded Assets, to the Company, :and the Company has agreed to ,accept ,from 'Wise
Subsidiary, all of Wise Subsidiary's right, title and:intcrest;inmid tolthe Wise lcontributed Assets
and to assume the Wise Assumed Liabilities; and
WHEREAS., the execution -and delivery -of this Agreement Eby -.the Company, Wise
Subsidiary, Wise.Propelty Owner and Wise is -a condition to the! obligations,of!the ;paltiesito the
Contribution Agreement to consummate �the transactions-contern dated 'by ,the Contribution
Agreement.
NOW THEREFORE, in consideration of the mutual promises ;and icovenants ,set .forth
herein and in (lie Contribution Agreement,:and other good:and valuable�coltsideralion, the!receipt
and sufficiency of which is hereby acknowledged., :and intending Ito .be legally ibound iliereby,
each patty hereto agrees as follows:
1. Transfer of Wise Contributed Assets. For value received, effective -as Hof 1the
Closing and subject to the terms and conditions -of the Contribution Agreement, icach,of Wise
Subsidiary and Wise Property Owner do hereby sell, transfer, assign, convey and id6liverito the
Company, its successors and assigns all of such party':s right, itille:and interestdn:anddo,the Wise
Contributed Assets, including, without limitation, all of ithe ungible personal ;property sset forth
on Schedule i attached hereto, .free and clear of all Uens ;(other --than Wise Termitted ,Liens), tto
have and to hold, all and singular, the Wise Contributed Assets forever, :and ithe (Company (does
hereby accept the sale, transfer, assignment, �uonveyance;and {delivery -of ;all -ofrsuchrparty'.s rigllt,
title and interest in and to the Wise Contributed .Assets. Notrirzthstanding ;anything iin -this
Agreement or the Contribution Agreement to the contrary, Wise ;and Wise Subsidiary ;are
retaining ownership and possession of,;and;are;notselling, transferrilig,�conveying,;assigningior
delivering to the Company, any right, title or1iterest'in, to,or;.under,; any; asset iotherthanithe
'Vise Contributed Assets.
CH1:2840662.2
2. Assumption of Obligations. As part Hof ithe consideration for the +Company';s
purchase of the Wise Contributed Assets, effective as Hof the Closing, -the tCon-pang }hereby
assumes, ulydertakes.and agrees to.perforni, pay, honor,'.be!liable for,and,discharge «henidue,
any and all of the Wise Assumed Liabilities.
3. Further Actions. From and :after the date of!this Agreement, ,eaeh -ofrthe ;parties
hereto shall use all reasonable efforts to take, or cause to ibe;taken,:all:appropriate:action,,do,or
cause to be done all things.necessary,jproper,oriadvisable under �applicable'LaNy,;and,execute; and
deliver such documents and other:papers, as -nay Abe required .to carry .out,the,provisions,of!this
Agreement and consummate and make effective the transactions contemplated Iby this
Agreement.
4. Miscellaneous.
(a) Except as otherwise provided yin -the Contribution :Agreement, ithe
-respective rights and obligations of �'tlie parties 'lltereto ,shall ;not ,be assignable without ithe ;prior
written consent of the other parties hereto. This.Agreement:shall !be �.bindingUpon ;and'inureito
flee benefit of the parties.hereto and their:respective. successor'siandipermitted;assigns.
(b) Nothing in this Agreement, express,or'Implied,iisiintended;to�or:shallibe
construed to modify, expand orIlimit in any way the terns of;thelContribution Agreement, 'To
-the extent that ally provision of this instrument conflicts or pis'inconsistent NOh,tlre itemisiofithe
Contribution Agreement, the Contribution Agreement Nvill govern.
(c) This Agreement may not rbe :amended �or modified except ;ill :a writing
signed by the parties hereto.
(d) This Agreement shall be exclusively interpreted:and;governedlbyitlieLaws
of the State of Delaware and•the federal laws applicable therein, without.regard to fits conflictiof
law provisions.
(e) This Agreement inay'be executed lin itwo or ,more counterparts, each .of
which shall be deemed an original, but all of which itogether shall constitute .one land ithe
same instrument.
[SigWture.Pages fio'llow]
2
IN -WITNESS WffEl REOP, each of the parties hereto has executed and delivered this
Bill of Sale, Assignment and Assumption Agreement as of:the,date frst!above.%vritten.
CONITANY:
WISE RECYCLING I, lLC
a , reg .Roalilin
itle: Chief ExeeutivefOffecr
WISE:SUBSIDIARY:
WIS YCL ,:LLC
. $y:
Name: Robe t:Ericson
Title: Vice President;and&cretary
S'V`ISE PROPERTY ONVNER:
WISE CY L DES , , 1LC
By: ! '
Nanle: Robert tricson
Title: Vice-President'and'Secretary
WISE:
WISE. HOLD-GS.LLC
By:
Name: Robert W. Exicson
Title: Executive'Vice!Presidrnt,l.Chief
:Legal 1 Officer,and;S ecretary
[Signature Page to Wise Bill,of-Sale, Assignment:and.Assumption Agreement]
A47A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Tina Murphy
Wise Recycling 1, LLC
7600 Rolling Mill Road
Baltimore, MD 21224
Dear Ms. Murphy:
John E. Skvarla, III
. Secretary
August 24, 2014
Subject: Name/Ownership Change Request
No Exposure Certification NCGNE0174
Wise Recycling 1, LLC
Formerly Wise Recycling, LLC
Wake County
The Division has reviewed your submittal of the permit name/ownership change form for the
subject No -Exposure Certification, which we received on August 5, 2014. Division personnel
have reviewed and approved your request to transfer the exclusion from NPDES stormwater
pennitting 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.
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hktp:ltportal.nGdenr.org/web/ir/
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
. . ;
If you have any questions or need further information, please contact the Stonnwater Permitting
Program at (919) 807-6300,
Sincerely,
ORIGINALl�l':�7 �Y
SEIHhM GEORWULIAS
far Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Raleigh Regional Office, D. Parnell
Stonnwater Permitting Program Files
Central Files
01
Division of Energy,, Mineral & Land. Resources roR AGENCY USE ONLY
r !Osre:aer®ived
Land Quality Section/Storm►i�ater Permitting j Year Month Da
N��pn++���� ifA Natiortal.Pollutant Discharge �Elimittation �5ystem
PERMIT NAMEIOWNERSHIP CHANGE FORM
Un
1. Please enter the permit number for which the change 'is requested.
NPDES Pennir (or) Cetfificate.of Cove4i�A
VV
N:G S 4 N'C G'. 1 .1VGOI1, Permit status rn iar to requested change. 52014
a. Permit issued to (company name):b. Person legally responsible.for permit; K Ka:llvoda
.First MI
Vice President
Title
555 Wise Road
�Pcrmit Holder Mailing Address
Clayton N 27520
City State Zip
{ 919 ) 261-51.71 9! 9 :) 325-4742
Phone Tax
c. Facility name (discharge): Wise Recyci .ng—Ca pi,ta L Blvd
d. Facility address: 1617 Capital Blvd
.Address
Raleigh NC 27604
City Srnte zip
e. Facility contact person: Gary Taylor { .919 ) .369-7885
First] MI /Last Phone
III. Please provide the following far the requested change (revised permit). 1
a. Request for change is a result of.; JX Change in ownership of the facility C., 1 t f "`4
❑ Name change of the facility or owner
If other please explain:
b. Permit issued to (company name): }Wise :.cycling_, , LLC -lFed ID 47-0986130
c. Person legally responsible for permit: }nU ,f -
First f fi Last
> t *� d_T� �%Y11 Yt(_'_
Title
7600 Rolling A1111 .Rd
Permit holder Mailutg Address
Baltimore ND 21224
City State 'Zip
( 410 ) 685-6900
Phone E-mail Address
d. Facility name (discharge): _Wise ONE — Capital Blvd
e. Facility address: 1617Canatal jyj--
Address
Ratsigh NC 27604 _
City State Zip
f. Facility contact person: Gary Tag -lox
First MI T Last
{ 919) 550-�8008
Phone ' E-mail.Address
IV. Permit contact information (if different from the person legally responsible for;the permit)
Ra4ed Jan. 27. 2014
NCGNE0174 — Taise ONE — 1617 Capital Blvd, Raleigh 'NC
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact:
First M1 Last
Title
Mailing. Address
City State Zip
Phene E-ntaiI.Address
V. Will the permitted facility continue to conduct the same industrial activities conducted.prior
o Ois ownership or name change?
Yes
No (please explain)
V1Required items:. THIS APPLICATION WILL BE RET JRNED 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 eontractideed,
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 hoth.the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For •a.natne change request,,the signed
Applicant's Certification is sufficient.
> PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, attest that this application far a,namelowticrship change'has been reviewed andiis.accurate and
.� complete to the best of -my knowledge. 1 understand that ifall regtiired.parts of tli s application;are not
completed and that if all required supporting information is not included, 4his.appilicationypackage will -be
retuined as.incomplete•
V
Signature Date
APPLICANT CERTIFICATION
attest that this application for a name/ownership change has been rc�iewed-and'is accurate and
complete to the best of my knowledge. I understand that if aIl.required;parts of this,apliGcation are not
completed and that if all required supporting information is not included, this application package will be
•� rem as incom lets.
Signaturl Date
` PLEASE SEND THE COMPLETE APPLICATION.PACKAGE TO:
Division of,Enc gy, Mineral and Land Resources
Stormwater.Perm'itting Prograrn
:1612Mail Service Center
Raleigh,.North Carolina 27699-16112
Rav;sed Jan. 27, 2014
I
Execution Version
BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT
This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT (this
"Aareemei '), dated as of July 1, 2014, .is made by -and among Wise Recycling 1, LLC, a
Delaware limited liability company (the "CCQmpany"),Wise Recycling, LLC, a'Ma yland.liniited
liability company ("Wise Subsidiary'% Wise.Recycling West, LLC, a Delaware limited liability
company ("Wise Property Owner"), and Wise Metals Holdings.LLC,.a Delaware liniited:liability
company C 1 ise").
WHEREAS, the Company, Wise Subsidiary, Wise 'Property Owner, Wise, .Source
Recycling, LLC, a Delaware limited liability company, and Terrapin Metals Recycling, LLC,.a
Delaware limited liability company, are parties to that certain Contribution Agreement, dated as
of June 30, 2014 (as inay be amended, modified or supplemented from .time to time,, the
"Contribution Agreement"; capitalized terms used but not otherwise defined ,berein .shall have
the respective meanings ascribed thereto in the Contribution Agreement), pursuant to which,
among other things, Wise has agreed ,to cause Wise Subsidiary :and Wise :Property Owner to
transfer, assign, contribute and deliver to the Company all of Wise Subsidiary's and Wise
Property Owner's right, title and interest in and to the Wise Contributed Assets, excluding the
Wise Excluded Assets, to the Company, and the Company'has agreed to accept from Wise
Subsidiary, all of Wise Subsidiary's right, title and interest in and to.the Wise Contributed Assets
and to assume the Wise Assumed Liabilities; and
WHEREAS, the execution and delivery of this Agreement by the Company, Wise
Subsidiary, Wise Property Owner and Wise is a condition to the -obligations of the,parties to the
Contribution Agreement 'to consummate the transactions contemplated by the Contribution
Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants ,set forth
Herein and in the Contribution Agreement, and other good and valuable consideration, the:receipt
and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby,
each party hereto agrees as follows:
I. Transfer of Wise Contributed Assets. For value received, effective as of the
Closing and subject to the terms and conditions of the Contribution Agreement, each of Wise
Subsidiary and Wise Property Owner do hereby sell, transfer, assign, convey and deliver to the
Company, its successors and assigns all of such party's right, title and interest in and to the Wise
Contributed Assets, including, without limitation, all of the#angible personal property set forth
on.Schedule l attached hereto, free and clear of all Liens (other than Wise Permitted Liens), to
have and to hold, all and singular, the Wise Contributed Assets forever, and the Company does
hereby accept the sale, transfer, assignment, conveyance and delivery of.a.1 of.suchiparty's right,
title and interest in and to the Wise Contributed Assets. Notwithstanding anything in this
Agreement or the Contribution Agreement to the contrary, Wise and Wise Subsidiary are
retaining ownership and possession of, and are not selling, transferring, conveying, assigning !or
delivering to the Company, any right, title or interest 'in, to or under_, any asset other than -the
Wise Contributed. Assets.
CH118606622
2. Assumption of Obligations. As part of the consideration for the Company's
purchase of the Wise Contributed Assets, effective as of .the Closing, -the Company :hereby
assumes, undertakes and agrees to perform, pay, honor, be .liable for and discharge when due,
any and all of the Wise Assumed Liabilities.
3. Further Actions. From and after the date of: this. Agreement, each of the parties
hereto shall use all reasonable efforts to take, or cause to Abe taken, all appropriate action, do or
cause to be done all things necessary, proper or advisable under: applicable Law,,and execute and
deliver such documents and other papers, -as may .be required to carry out the provisions,of this
Agreement and consummate and make effective the transactions contemplated by this
Agreement.
4. Miscellaneous.
(a) Except as othetivise provided :in the Contribution .Agreement, .the
respective rights and obligations of the parties hereto shall not be assignable without the prior
written consent of the other parties hereto. This Agreement: shall'be 'binding 1upon:and inure -to
the benefit of the parties hereto and their respective successors and permitted:assigns.
(b) .Nothing in this Agreement, express or implied, is intended to -or shall be
construed to modify, expand or limit in any way the terms of the Cont6bution Agreement. 'To
the extent that any provision of this instrument conflicts orris inconsistent with,the iterms,of!the
Contribution Agreement, the Contribution.Agreement will govern.
(c) This Agreement may not be amended or modified except in a writing
signed by the parties hereto.
(d) This Agreement shall be exclusively interpreted and governed by the.Laws
of the State of Delaware and the federal laws applicable therein, without.regard to pits conflict of
law provisions.
(e) This Agreement may be executed in ,two or :more counterparts, each -of
which shall be deemed an original, but all of which together shall constitute one and ,the
same instrument.
[Signuture.Pages FolloiF]
IN -WITNESS WHEREOF, each of the parties hereto has executed and delivered this
Bill of Sate, Assignment and Assumption Agreement as of the date. first above written.
COMPANY:
WISE RECYCLING L LLC
Sy.
reg Rochlin
itle: Chief Executive Officer
'VISE SUBSIDIARY:
wis YC , LLC
By:
Name: Robeh Ericson
Title: 'Vice President and Secretary
WISEYROPERTY OWNER:
WISE CY S. "LLC
By;
Dame: Robert 'eson
Title: Vice President and Secretary
WISE:
WISE HO GS LLC
By:
Name: Robert W. Ericson
Title: Executive Vice President, Chief
Legal Officer and Secretary
[Signature Page to Wise Bill of Sale, Assignment and Assumption Agreement]
LTI-IMA Division of Water Quality / Surface Water Protectio
National Pollutant Discharge Elimination System
RCDENR ANNUAL NO EXPOSURE EXCLUSION SELF RE-CERTIFI
NORTH CA QLI OFN ew OI
E_o.., µnN.V—Rc,QVRC" NCGNE0000
RE: Wise Recgcling, LLC 1617 Capital Blvd, Raleigh NC 27604
l JUL 2 12014
Do not submit this form to DWQ unless requested.
For questions, please contact the DWQ Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N C G N E 0 1 7 4 0 6/ 3 0/ 2 0 1 4
1) Has the facility name or owner changed? ❑ Yes ❑ No
(if yes, please submit a separate Name/Ownership Change Form to DWQ located at
http://portal.ncdenr. org/web/wq/ws/suinpdessw#Application_Forms_N PDES)
2) 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 to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes ❑ 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 ®No
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No
e. Materials or products during loading/unloading or transporting activities ❑ Yes ® No
f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No
use [e.g., new cars] where exposure to stormwater does not result in the discharge
of pollutants)
g, Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes ❑ No
and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes ® No
the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes ® No
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ® No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes ❑ No
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 ❑ No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-29M2030
NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ❑ No
stored outside, has the facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ❑Yes❑ No ❑ NIA
deterioration, or evidence of leaks?
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ®Yes❑ No ❑ NIA
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut?
4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Is secondary containment provided for all single above ground storage
containers (including drums, barrels, etc.) with a capacity of more than 660-
gallons?
b. Is secondary containment provided for above ground storage containers stored
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
Amendments and Reauthorization Act (SARA) water priority chemicals*?
d. Is secondary containment provided for hazardous substances** designated in 40
CFR §116?
e. Are release valves on all secondary containment structures locked?
Footnotes to Questions 4) c. & d.
®Yes[:] No ❑ NIA
®Yes[—] No ❑ NIA
®Yes❑ No ❑ NIA
®Yes❑ No ❑NIA
®Yes❑ No ❑ NIA
'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.
5) Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes ❑ No
b. Does your facility have coal piles on site? ❑ Yes ® No
c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ®No
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 Permit? ❑Yes❑ No❑NIA
Please specify:
Page 2 of 3
SWU-NESR-29Ju12010
NCGNE0000 No Exposure Self Re -Certification
6) 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/maintaining 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 this 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing: K.G.Kalivoda
Title: VP
Wise Recycling, LLC 555 Wise Road, Suite 200 Clayton NC 27529
Phone: 919-261-5171
(Signature) (Date Signed)
Please note: The Regional Office may inspect your facility at any time in the future for
compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding 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).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DWQ unless requested.
Page 3 of 3
SWU-NESR-29M2010
or .,
Wise Recycling, LLC — Corporate Office
555 Wise Road, Suite 200 Clayton NC 27520
June 4, 2012
NC Department of Environment & Natural Resources
Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
RE: Notice of Mailing Address Change
No Exposure Certification # NCG-NE0174 (Wake County)
Address: 1617 Capital Blvd, Raleigh NC 27604
Dear Sir/Madam-
Wise Recycling has moved it's corporate office from Maryland to North Carolina. All requests and
correspondences should be forwarded to our new address.
Effective immediately please update your system to reflect the address shown below.
Business Mailing Address:
Wise Recycling, LLC
555 Wise Road, Suite 200
Clayton NC 27520
If you have any questions feel free to contact me at 919-261-5171
Sincerely,
K.G. Kalivoda
ECE
SUN 7 2012
- 'I r ;'A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
. Co any epresentative
Wise R ling LLC
857 Elk ' e Landing Rd. S-600
Linthi m. D-2-1.090
/WISR-FEECYCLING, LLC
Attn: Kathy Kalivocla
lam' P 555 Wise Road, Suite 200
Dear . Clayton. NC 2752
August 16, 2010
Subject:- -:--,Io-Exposure Certification NCGNE0174
Wise Recycling
Wake County
Dee Freeman
Secretary
As a current holder of a No -Exposure Certitication, please,npte the following important change to the Division's
implementation of this program. The No -Exposure Certifications no longer will have an expiration date. Previously your
no -exposure exclusion had to be re -certified with the Division every 5 years. This will no longer be required. Please
disregard the expiration date on your original certification. However, in order to assure that your facility stays in
compliance with all of the conditions in the no-exposurd certification; ��ot; must self re -certify your facility at least
annually. Please see the attachment for information on self re -certification.
If you are waiting for a response from the Division for a renewal certification you already submitted, please consider this
letter the Division's approval for renewing your No -Exposure exclusion.
Please note that this does not change your obligation 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- ermitted discharges.
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 your Regional Office, or Robert Patterson in the
Stormwater Permitting Unit at (919) 807-6375, robert.patterson@ncdenr.gov.
Sincerely,
AUG Z p 20I
for Coleen H-. Sullins
cc: Stormwater Permitting Unit No -Exposure Files
Attachments
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCarolina
Location: 512 N. Salisbury St Raleigh, North Carolina 27604 �%tf�rall�
Phone: 919-807.63001 FAX: 91 M07-64941 Customer Service:1-877-623-6748
Internet www.ncwaterquality,org
An Equal OpponuniSy 1 Arirmatve Acton Employer
4 . ` Division of Water Quality / Surface Water Protection
National Pollutant Discharge Elimination System
NCDENR ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NORT, %AROLI" DEPART� NT OF
E_IRO_tE ANO N TuR_ RLSOV CE] NCGNEOOOO
RE: 1617 Capital Blvd, Raleigh NC
Do not submit this form to DWQ unless requested.
For questions, please contact the DWQ Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N I C I G N E 0 1 1 7 4 0 8/ 0 1/ z 0 1 1
1) Has the facility name or owner changed? ❑ Yes ® No
(if yes, please submit a separate Name/Ownership Change Form to DWQ located at
http://portal. ncdenr.org/web/wq/ws/su/npdossw#Application_Forms_NPDES)
2) 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 to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes ® 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 ® No
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No
e. Materials or products during loading/unloading or transporting activities ❑ Yes ® No
f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No
use [e.g., new cars] where exposure to stormwater does not result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes N No
and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes ® No
the discharger
i. Waste material (except waste in covered, non -leaking containers (e.g., dumpsters]) ❑ Yes ® No
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ® No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes ® No
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 ® No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-29Ju12010
NCGNE0174
NCGNEQ000 No Exposure Self Re -Certification 1617 Capital Blvd, Raleigh NC
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ® No
stored outside, has the facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ®Yes❑ No ❑
deterioration, or evidence of leaks? NIA
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ®Yes❑ No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? NIA
4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. 1s secondary containment provided for all single above ground storage
containers (including drums, barrels, etc.) with a capacity of more than 660-
gallons?
b. Is secondary containment provided for above ground storage containers stored
in close proximity to each other with a combined capacity of more than 1,320-
gallons?
c. Is secondary containment provided for Title ill Section 313 Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals"?
d. Is secondary containment provided for hazardous substances" designated in 40
CFR §116?
e. Are release valves on all secondary containment structures locked?
Footnotes to Questions 4) c. & d.
®Yes❑ No ❑
NIA
®Yes❑ No ❑
NIA
®Yes❑ No ❑
NIA
Eyes[:] No ❑
NIA
®Yes❑ No ❑
NIA
'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.
5) Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Divisior if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes ® No
b. Does your facility have coal piles on site? ❑ Yes ❑ No
c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ®No
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 Des[] No❑NIA
Permit? Please specify:
Page 2 of 3
sWU-NESR-29Jul2010
NCGNE0174
NCGNE0000 No Exposure Self Re -Certification 1617 Capital Blvd, Raleigh NC
6) 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/maintaining 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 this re -certification to
DWO 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 attachrnents were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing:
Title: Vice President
K.G.Kalivoda
V1,1L y� �0� 08101111
(Signature) (Date Signed)
Please note: The - Regional Office may inspect your facility at any time in the future for
compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document tiled 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).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DWQ unless requested.
Page 3 of 3
SWU-NESR-29Ju12010
Young, Sarah
From: Kathy Kalivoda [kgkalivo@wiserecycling.com]
Sent: Friday, February 05, 2010 12:14 PM
To: Young, Sarah
Subject: Mailing address change - Wise Recycling
Ms Young,
It is my understanding NCDENR has an old mailing address (Po Box 28737) on file for Wise Recycling. We discontinued
the post office box several years ago. Please note the new Owner Mailing Address. This mailing address change is for
all Wise Recycling locations including, but limited to the below listed permits. This change is effective immediately.
OWNER MAILING ADDRESS:
Wise Recycling, LLC
857 Elkridge Landing Road, Suite 600
Linthicum MD 21090
410-609-9256 Tel
410-609-0226 Fax
FED ID 52-2080576
PERMITS:
NCG200454 — Facility Address: 4933 Brookshire Blvd, Charlotte NC (Mecklenburg County)
NCG300446 — Facility Address: 555 Wise Road, Clayton NC (Johnston County)
NC CEO_ 4 — Facility Address: 1617 Capital Blvd, Raleigh NC (Wake County)
`CGNE017 — Facility Address: 305 West Magnolia St, Whiteville NC (Columbus County)
Give me a call if you have any questions.
Sincerely,
Kathy Kalivoda
Wise Recycling; LLC — Corporate Office
857 Eikridge Landing Road, Suite 600
Linthicum MD 21090
410-609-9256 phone
410-609-0226 fax
STORMWATER DISCHARGE MONITORING REPORT (DMR)
Mt
Please Mail Original and One Copy to Mailing Address Below
GENERAL PERMIT NO. NCG020000
Part A. Facility Information
Samples Collected in Calendar Year: 2009 (all samples shall be reported within 30 days following mo
Certificate of Coverage No. NCG020044 County of Facility
Facility Name Kings Mountain Quarry Name of Laborato
Facility Contact Demitri Hatzi Lab Certificati #
Facility Contact Phone No. (704) 739-4761
period)
Cleveland
Face Analytical
12
Part B: Land Disturbance and Process 4rea Monitoring Requirements Part . Vehicle Maintenance Monitoring Requirements
Datet
�50¢56`
.00530-.r,,
-`,00076 -
1,00545
Sample
- -Total
'°
Settleable
Outfall
Receivi Stieain;
Collected
'Total
s ended.
1?
Turbtdt '
ty.
1 1-
Sohds
N6:
.,g,
w Name
x
=Flow
--S61t6
y -
zy
mo
TUs F
tiii/l I
001
Kings Creek
09/09/09
0.170
2.9
1.
Z -1, .-
Outfall `.�
No: ''
.
d 3
Receiving Stream
T
Name
: -ate ,-:
_- 50050
'� =00556' .:-�'-00530
--.:
'_00400
Satn le'
Collected
d'-Flow,.
Total
Oil and.
`.Grease'
Total =
Suspended
'
z pH f
inoidd/
'MG
m l� -
'mg/1
unit'-`
002
Kings Creek
09/09/09
0.170
ND
ND
8.3
c_ -
Part C: Storm Event Characteristics
Total Event Precipitation (inches) 2.5 Total Event Precipitation (inches) 2.5
Event Duration (hours) 8 Event Duration (hours) 8 0
(if a separate storm event is sampled) f=
Part D: 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 promptly 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 violation." pp
Lo.j 1 /31 / 10
(Signat t
of Permittee) (Date)
Part E: Mailing Address
Attn: Central Files, DENR, N.C. Division of Water Quality, 1617 Mail Service Center, Raleigh, N.C. 27699-1617
SWU-243-012005
Young, Sarah
From: Kathy Kalivoda [kgkaiivo@wiserecycling.com]
Sent: Friday, February 05, 2010 12:14 PM
To: Young, Sarah
Subject: Mailing address change - Wise Recycling
Ms Young,
It is my understanding NCDENR has an old mailing address (Po Box 28737) on file for Wise Recycling. We discontinued
the post office box several years ago. Please note the new Owner Mailing Address. This mailing address change is for
all Wise Recycling locations including, but limited to the below listed permits. This change is effective immediately.
OWNER MAILING ADDRESS:
Wise Recycling, LLC
857 Elkridge Landing Road, Suite 600
Linthicum MD 21090
410-609-9256 Tel
410-609-0226 Fax
FED ID 52-2080576
PERMITS:
NCG200454 — Facility Address: 4933 Brookshire Blvd, Charlotte NC (Mecklenburg County)
G.0.00.44k Facility Address: 555 Wise Road, Clayton NC (Johnston County)
CG — Facility Address: 1617 Capital Blvd, Raleigh NC (Wake County)
NCGNE0173 — Facility Address: 305 West Magnolia St, Whiteville NC (Columbus County)
Give me a call if you have any questions.
Sincerely,
Kathy Kalivoda
Wise Recycling, LLC — Corporate Office
857 Elkridge Landing Road, Suite 600
Linthicum MD 21090
410-609-9256 phone
410-609-0226 fax
:7
0
4. Clarity: Choose the number which best describes the clarity of the discharge, where I is clear and 5 is very
cloudy: 1 2 O 4 5
5. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater
discharge, where I is no solids and 5 is the surface covered with floating solids:
lO 2 3 4 5
6. Suspended Solids: Choose the number which best describes the am unt of suspended solids in the
stormwater dischar where 1 is no solids and 5 is extremely muddy:
2 O 4 5
7. Is there any foam in the\storn
r discharge?///'o
Yes ❑No
8. Is there an oil sheen in ttiter discharge? Yes ®No
9. Is there evidence of erosion or depositiYthe'?❑Yes ®No
10. Other Obvious Indicators of Stormwater 1'oll
0 List and describe: None
Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or eros
pollutant exposure hese conditions warrant further investigation.
• Page 2 of 2
ition may be indicative of'
S W 1J-242-1 12608
I . It
WISE
RECYCLING LLC
International Tower Building, Suite 600
857 Elkridgc Landing Road, Linthicum MD 21090
Mr. Jonathan Diggs
NC Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
RE: Notice of Mailing Address Change
No Exposure Certification: NCGNE0174
Location: 1 617 Capital Blvd, Raleigh NC
Dear Sir/Madam:
RECEIVED
MAY 1 6 2005
BY:
May 11, 2005
Wise Recycling has discontinued its Post Office Box (PO 28737, Baltimore MD
21240) and requests all correspondences be forwarded directly to our street address.
Effective immediately please update your system to reflect the address shown below.
Business Mailing Address:
Wise Recycling, LLC
857 Elkridge Landing Road, Suite 600
Linthicum, MD 21090
If you have any questions or need additional information feel free to contact me at l-
800-820-9473 Ext 256 or 410-609-9256.
Sincerely,
K.G. Kalivoda
Vice President
s0 91 W14
fi311.4 'l U tw N t V1 Q :
Gary R Curtis
W i Recy . g Lt
PO B 737
Bait! r , D 21
1�1 eol.�e elnoiJ".�e.
Dear Permittee:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimel4 P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 20, 2005
N� Aga gems
Wise Recycling, LLC
International Towcr 13iii]t1inu, - Suitc 600
857 Flkridgc L.antling IW i(l
Linthictsnt N11) 21090
Subject: No Exposure Certification NCGNE0174
Wise Recycling - 1617 Capital Blvd
Wake County
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES
Stormwater Permitting form, which we received on July 16, 2002. We apologize for the extended period it has
taken us to get back to you on this request and we appreciate your patience as we have worked through this
process. Based on your submittal and signed certification of no exposure at the above referenced facility the
Division is granting -your certification as provided for under 40 CPR 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. Your
conditional no -exposure exclusion expires in five years (April 30, 2010). At that time you must re -certify with
the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility.
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 Jonathan Diggs at (919) 733-5083 ext.
537, or at jonathan.diggs@ncmail.net.
cc: Raleigh Regional Office
Stormwater Permitting Unit Files
Sincerely,
for Alan W. Klimek, P.E.
Central Files -- wlattachments
N. C. Division of Water Quality I 6 1 7 Mail Service Center Raleigh, North Carolina 276994617 (919) 733-7015
JIPR 2 9 2005
AM
Customer Service
S-877-623-6748
_O .-
�'".''1'1 _ . _ ...... � .
�. � � '
_ _ 4`v
� - m./ '�
�_..� 1� j f J . � •�•^�`� . � ��. �� ifs ��i,1 �" 1 t�- _
� �y
o f WArFt� Michael F. Easley, Governor
William C_ Ross Jr., Secretary RQG
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
>_ Division ul' Water Quality
Colcen 1 L Sullins, Deputy Director
Division of Water Quality
April 20, 2005
Gary R Curtis
Wise Recycling LLC
PO Box 28737
Baltimore, MD 21240
Subject: No Exposure Certification NCGNE0174
Wise Recycling - 1617 Capital Blvd
Wake County
Dear Permittee:
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES
Stormwater Permitting form, which we received on July 16, 2002. We apologize for the extended period it has
taken us to get back to you on this request and we appreciate your patience as we have worked through this
process. Based on your submittal and signed certification of no exposure at the above referenced facility the
Division is granting your certification 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-permitted discharge. Your
conditional no -exposure exclusion expires in five years (April 30, 2010). At that time you must re -certify with
the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility.
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 Jonathan Diggs at (919) 733-5083 exL
537, or at jonathan.diggs@ncmail.net.
Sincerely,
for Alan W. Klimek, P.E.
cc: Raleigh Regional Office Central Files — wlattachments
Stormwater Permitting Unit Files
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
1;A
NCDENR
Customer Service
1-877-623-6748
iI 1 rrrr 1 r �r.nn � � v
Wiled States Environmental Protection Agency Form ApprovedOMB No.2oao-o211
NPDES A Washington, DC 20460
FORM `� Y.'�T� r;t,t�l
3510-11 Ne �; �- �.:,,;,_<._ NO,��,xPOSU E CERTIFICATION for Exclusion from
NPDES Storm Water Permitting
Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its storm water
discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Multi -Sector General Permit due to the existence
of a condition of no exposure.
A condition of no exposure exists at an industrial facility when 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, finaf 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 without operational taps or valves;
adequately maintained vehicles used in material handling; and
final products, other than products that would be mobilized in storm water discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is
available on a facility -wide basis only, not for individual outtalls, If any industrial activities or matnrials 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, the entity in Section A is certifying that a condition of no exposure exists at its facility or site,
and is obligated to comply with the terms and conditions of 40 CFR 122.26(g).
ALL INFORMATION MUST BE PROVIDED ON THIS FORM.
Detailed instructions for completing this form and obtaining the no exposute exclusion are provided on pages 3 and 4.
A. Facility Operator Information
1
1. Name: lW ( 1 ; 1 CI fell
2, Phone: Jq I [ I�IInI VI i l l� l
3. Mailing Address: a. Street: IT �rl_ L1Q lQQA�ib 1 1 01 11_ I - I
(�
b•Clry: if)ALLIti A All�I�i�I i I I I I I I I I I I I I c. state: W d.Zip Code: Ie)�
S. Facility/Site Location Information
1. Facility Name: �WI j1 I;Iei 11\t��llll�.l Y�I�� l[��lllil # 11I �
2. a. Street Address: I a o 1k I� }, IL 1 t-t I P I �, I I 1 r�l � - j-y 1=-� ,L_t`J I
b. City: I�iA i Ll� i} C i µ1 I I I�t I I I I I I I I I I I I! c. County: I I I I I I I I I I
d. State: fI Y l� c. Zip Code: �� ! L
3. Is the facility located on Indian Lands? Yes ❑ No
4. Is this a Federal facility? Yes ❑ No
5. a. Latitude: " b. Longit:da; � j "
6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes ❑ No
b. If yes, enter NPDES permit number:
7. SIC/Activity Codes: Primary: �j Secondary (if applicable):
8. Total size of site associated with industrial activity: I A Q-r 9. acres
9. a, Have you paved or roofed over a formerly exposed, pervious area in order to quality for the no exposure exclusion? Yes ❑ No K
b. 11 yes, please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure
exclusion. However, your permitting authority may use this information in considering whether storm water discharges from your site are likely to have
an adverse impact on water quality, in which case you could be required to obtain permit coverage.
Less than one acre One to five acres ❑ More than five acres
EPA Form 3510-11 (10.99) Page 1 of 4
IVA
NPDES
FORM
A NO EXPOSURE CERTIFICATION for Exclusion from
Form Approved
OMB No. 2040-0211
ssla-11
`+r,EBq NPDES Storm Water Permitting
C. Exposure Checklist
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future?
(Please check either "Yes" or "No" in the appropriate box.) If you answer "Yes" to any of these questions
(1) through (11), you are not eligible for the no exposure exclusion.
Yes
No
1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing
or cleaning industrial machinery or equipment remain and are exposed to storm water
2. Materials or residuals on the ground or in storm water inlets from spills/leaks
[�
n
IX I .
3. Materials or products from past industrial activity
4. Material handling equipment (except adequately maintained vehicles)
5. Materials or products during loading/unloading or transporting activities
* *SE
6. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars[ where
COM
exposure to storm water does not result in the discharge of pollutants)
7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers
IX I
8. Materials or products handled/stored on roads or railways owned or maintained by the discharger
El
9. Waste material (except waste in covered, non -leaking containers le.g., dumpsters])
10. Application or disposal of process wastewater (unless otherwise permitted)
11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated
(i.e., under an air quality control permit) and evident in the storm water outflow
0. Certification Statement
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 storm water permitting.
I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial
facility or site identified in this document {except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to
the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must
allow the NPDES permitting authority, 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. I understand that I must obtain coverage under an NPDES permit prior
to any point source discharge of storm water 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 is 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.
Print Name: A l;f 9Vl I/V CI ul I f 1, isI I I I I I I i I ! I I I I I I I I I �
Print Title: IV, I 4 L.I tl I I iK l� l lb E1 h)# t I i_ 1 1 l I I L _l. _ 1 I t I_ 1 1 1 1
Signature:
Date: V ) b
**COMMENT TO #5: At no time during the centers processing is the material exposed to
precipitation. The only time for potential exposure is when the consumer is unloadin
the recycling non-ferrous metal from their vehicle. At this time the material is
carried from their vehicle into our recycling center for processing.
EPA Form 3510-11 (10-99)
Page 2 of 4
NT