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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 Permit coverage rescinded on the following basis: You reported that you have ceased all regulated activity and sold the facility.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