ROWAN_COMPLETE FILE - HISTORICAL_20130219

2 V
NORTH CAROLINA ..�
Department of Environmental Qual

- 71�::. ..
STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
El� f �3
YYYYM M DD

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
February 19, 2013
CERTIFIED MAIL #7010 1870 0001 1558 1269
RETURN RECEIPT REQUESTED
Stephen P. Havala, Registered Agent
El Inc.
2865 N. Cannon Blvd.
Kannapolis, North Carolina 28083
Subject: NPDES Industrial Stormwater Permit
El, Inc. at 2865 N. Cannon Blvd.
Kannapolis, North Carolina 28083
Rowan County
Dear Mr. Havala:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural Resources to protect
and preserve the water resources of the State. The Division of Water Quality (DWQ) has the delegated
authority to enforce adopted pollution control rules and regulations.
Staff from the City of Kannapolis recently investigated a citizen complaint regarding an illicit discharge to the
city's stormwater collection system. The investigation concluded that the illicit discharge of surfactants to the
city's stormwater system originated from the El, Inc. facility on N. Cannon Boulevard and this information
was forwarded to this office for action. An Internet review of your business notes that it is involved in the
pharmaceutical preparations (SIC 2834) business.
G.S. 143-215.1 requires that certain industrial facilities must obtain and operate under a National Pollutant
Discharge Elimination System (NPDES) permit for industrial stormwater discharges. NPDES general permit
NCG060000 has been established pursuant to G.S. 143-215.1(b) for discharges of industrial stormwater to
surface waters. This general permit is applicable to owners or operators of stormwater point -source
discharges associated with establishments primarily engaged in food and kindred products [standard
industrial classification (SIC) 201, tobacco products (SIC 21), soaps, detergents and cleaning preparations;
perfumes, cosmetics and other toilet preparations (SIC 284), drugs (SIC 283), and public warehousing and
storage (SIC 4221-4225).
Point -source discharges of stormwater are defined as any discernible, confined and discrete conveyance
including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from
which stormwater is or may be discharged to waters of the state.
Mooresville Regional Office One
Location 610 East Center Ave, Suite 301 Mooresville, NC 28115 North Carolina
Phone: (704} 663-16991 Pax: (704) 663.60401 Customer Selvioe: 1-877-6i23-6748 t'yr I
Internet: wwwnrwaterqualo.org Naturally
An Equal Opportunity I Affirmative Action Employer - 30% Recycleu110% Post Consumer paper i/

Mr. S. Havala, El Inc.
NPDES Industrial Stormwater, Page 2
February 19, 2013
All persons desiring to be covered by this General Permit must register with the Division of Water Quality by
the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of
coverage issued prior to any discharge of stormwater associated with industrial activity that has a point
source discharge to the surface waters of the state. The NOi for NCG060000 may be found on the DWQ
website at http://portaf.ncdenr.org/web/wq/ws/su/npdessw.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR
§122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit
requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No
Exposure Certification NOI form to the Division, must receive approval by the Division, must maintain no
exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must self -
certify No Exposure conditions annually. The application for No Exposure Exclusion may be found on
DWQ's website at http://portal.ncdenr,or.q/web/wq/ws/su/npdess -
Requested Response
This office requests that you respond in writing within 30 days of the date of this letter. Your response
should be sent to the attention of Ms. Marcia Allocco at the letterhead address. Your response should
address why coverage has not been obtained under Industrial Stormwater permit NCG060000 for the noted
El, Inc. stormwater discharges. If you feel that a permit is not needed for your facility please provide
justification why coverage under the general permit is not required. If permit coverage is required for the
noted facility, a NOI should be submitted within 30 days of the date of this letter.
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five
thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of
a continuing nature, against any person who is required but fails to secure a permit required by G.S. 143-
215.1. Failure to respond to this letter or to submit a NOI within the noted timeframe (to comply with G.S.
143-215,1) may result in this office developing and sending a recommendation for enforcement to the
Director of the Division of Water Quality regarding these issues and any future/continued violations. This
correspondence should be self-explanatory; however, if you have any questions or need further clarification,
please contact Ms. Allocco at [phone], or at [e-mail].
Sincerely,
W.
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Surface Water Protection Section
Enclosure: NOI for NCG060000
Cc: S. Sullivan, WBSCPU
G. Troutman, City of Kannapolis (e-copy)

North Carolina Secretary of State
Page 1 of 2
Account Login Register
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 24822 RaleW% NC 2762&M2 t919l807-M
Date: 2/18/2013
Click here to:
View Document Filings I File an Annual Report
IPrint a pre -populated Annual Report Form I Amended A Previous Annual Report I
Corporation Names
Name
Name Type
NC El INC.
LEGAL
NC HL ACQUISITION
PREV LEGAL
CORPORATION
NC HARMONY LABS, INC.
PREV LEGAL
Business Corporation Information
SOSID:
0670035
Status:
Current -Active
Effective Date:
3/28/2003
Annual Report Due Date:
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
HAVALA, STEPHEN P
Office Address:
2865 N CANNON BLVD
KANNAPOLIS NC 28083
Mailing Address:
2865 N CANNON BLVD
KANNAPOLIS NC 28083
Principal Office
Office Address:
2865 N CANNON BLVD
KANNAPOLIS NC 28083
Mailing Address:
2865 N CANNON BLVD
KANNAPOLIS NC 28083
Officers
Title:
CHIEF OPERATION OFFICER
Name:
DAVID C. PARKER JR.
Business Address:
2865 N CANNON BLVD
KANNAPOLIS NC 28083
Title: PRESIDENT AND CEO
Name: MICHAEL A. KANE
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=5632571 2/ 18/2013

North Carolina Secretary of State
Business Address:
2865 N CANNON BLVD
KANNAPOLIS NC 28083
Page 2 of�2
e
Title:
Name:
Business Address:
Stock
SECRETARY AND CFO
STEPHEN P HAVALA
2865 N CANNON BLVD
KANNAPOLIS NC 28083
Class Shares No Par Value Par Value
COMMON 10000000 YES NIA
PREFERRED 6000000 YES NIA
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
4169
http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=5632571 2/18/2013

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 6, 2005
William K. Cowan, Interim County Manager
Rowan County
130 West Innes Street
Salisbury, NC 28144
Dear Mr. Cowan;
Alan W. Khmcl , P. E. Director
Division of Water Quality
ColeeryA,,,�gLhpsf .E elnrty Director
��jeiarr ~Water Quality
DEC C 7
W
Subject: Notice of Non -Compliance
Rowan County
In 1990, the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program
was promulgated under the Clean Water Act. Phase I relies on the National Pollutant Discharge
Elimination System (NPDES) permit coverage to address stormwater runoff from: (1) "medium"
and "large" municipal separate storm sewer systems (MS4s) generally serving populations of
100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase II Final Rule was promulgated in
December 1999, and is the next step in EPA's effort to preserve, protect, and improve the Nation's
water resources from polluted stormwater runoff. The Phase II program expands the Phase I
program by requiring additional operators of MS4s in urbanized areas and operators of small
construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase II is intended to further reduce adverse impacts to water quality
and aquatic habitat by instituting the use of controls on the unregulated sources of stormwater
discharges that have the greatest likelihood of causing continued environmental degradation.
The NPDES Stormwater Phase 11 Final Rule requires nationwide coverage of all operators
of small MS4s that are located within the boundaries of the Bureau of Census defined "urbanized
area" based on the latest decennial Census. Rowan County was notified in writing on November
6, 2002, (copy attached) that it had been identified as being located within a census designated
urbanized area. As a regulated public entity, Rowan County is required to:
1. File a certification that Rowan County does not own or operate a small MS4, or
2. Develop a written stormwater management program and submit the stormwater
management plan along with an application for a Phase 11 Stormwater Discharge Permit.

The deadline for submitting, non -ownership certification or your application package was
May 6, 2004. Application and certification documents, as well as additional information on the
NPDES storm -water program, are available for download at our web site:
http://h2o.enr.state.nc.us/su/NPDES Phase Il Stormwater Program.htm
Thank you for your attention to this matter. This office requires that the Non -Compliance,
as detailed above, be abated. Please submit a non -ownership certification, or permit application
package by February 10, 2006. Violations are subject to civil penalty assessment of up to
$25,000.00 per day for each violation.
If you have any questions, please feel free to contact me (919-733-5083, ext. 545).
cc: Central Files
Sincerely,
>4t.Lx2z,
Mike Randall
Stormwater Unit
Stormwater Unit Files
Mooresville Regional Office
Paul Meyer, Association of County Commissioners
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item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
So that we can return the card to you,
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
KANNAPOt.1.5 NC
1T1'N: STI PIICN HAVA1.A, M-6. A(;LNT
s'wphna 2/919,1
A.
X
Agent
B. Received by (+,ted Name) c Date of
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o, aervice Type
ertified Mail ❑ Express Mail
Registered etum Receipt for Merchandise
❑ Insured Mat] U C.O.D.
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2. p ❑ Yes
7D10 1870 0001 1558 1269
PS Form 3811, February 2004 Domestic Retum Receipt
102595-02-NF1540