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HomeMy WebLinkAboutNCS000312_COMPLIANCE_20180716STORMWATER DIVISION CODING SHEET PERMIT NO. NCSD DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION COMPLIANCE ❑ OTHER DOC DATE ❑ 1-�) 10 0-1 M b YYYY M M D D i DISPOSAL AND RECYCLING TECHNOLOGIES � v July 16, 2018 LU Ms. Annette Lucas, PE CID .North Carolina Department of Natural Resources ® Division of Energy, Mineral and Land Resources Stormwater Program 217 West Jones Street Raleigh NC 27603 Re: Transfer of Stormwater Permit Dart Acquisition, LLC CIO 4132 Pompano Road, L" Charlotte, North Carolina Permit No: NCS000312 Dear Ms. Lucas: Lo z M■ rv, r-;-: -.1 FReCF-:1V CD JUL 17 2018 STORMGU ATER AL17Y WA7PERA1T.ING DART Acquisition, LLC (DART) currently operates a stormwater permitted facility, located at 4132 Pompano Road, Charlotte, North Carolina 28216 (the "Facility"). The permit identification number for the Facility is NCS000312. DART will be acquired by AERC Acquisition Corporation, d/b/a DART, A Clean Earth Company ("AERC"), which is a wholly owned subsidiary of Clean Earth, Inc. Attachment A provides a written agreement for the transfer of permit responsibility between the current permittee, DART, and the new permittee, AERC (the "Stormwater Permit Transfer Agreement"). The Stormwater Permit Transfer Agreement contains the expected closing date of the transaction, August 15, 2018, which is the date that is expected to be the effective date ("Effective Date") for the transfer of permit responsibility between DART and AERC. Upon the successful completion of the contemplated transaction the parties will enter into the Stormwater Permit Transfer Agreement. After the acquisition, AERC plans to continue operating the Facility in compliance with the Stormwater permit without any operational changes. In accordance with Part III Section B.2 of the Stormwater Permit, a change in ownership or operational control can be made with prior Director approval. Based on the foregoing, DART requests that all duties related to the Stormwater Permit be transferred to AERC as of the Effective Date, unless DART or Clean Earth, Inc. notify the NCDENR that the acquisition has been delayed or cancelled. 8647 Lyndon Street Detroit, Michigan 48238 P: 313.491.2072 F: 313.491.2092 EPA ID: MIK 153 892 922 WWW.DARTWORLDWIDE.COM (45 4132 Pompano Road Charlotte, North Carolina 28216 P: 704.395.9559 F: 704.395.9579 EPA ID: NCD 121 700 777 1` �RRT DISPOSAL AND RECYCLING TECHNOLOGIES W if you have any questions, feel free to contact me at (704) 395-9559. a�; Sincerely, Erik Bomireto DART Acquisition, LLC CJ Cc: ATTORNEY W M. Harmon, CE Attorney IMM Clean Earth ,rrr.r� a V3 0 a. V3 8647 Lyndon Street W W W. D A R T W O R L D W I D E. C OM 4132 Pompano Road Detroit, Michigan 48238 Charlotte, North Carolina 28216 P: 313.491.2072 F: 313.491.2092 P: 704.395.9559 F: 704.395.9579 EPA ID: MIK 153 892 922 0 EPA ID: NCO 121 700 777 Attachment A Agreement for Transfer of Permit Responsibility PFIDATA 6457519.1 STORMWATER PERMIT TRANSFER AGREEMENT This National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Transfer Agreement (the "Agreement') is made and entered into this _13_ day of _July_ 2018, by and between DART Acquisition, LLC ("Transferor"), a North Carolina limited liability company and AERC Acquisition Corporation, dlbla DART, a Clean Earth Company, ("Transferee"), a Delaware corporation. (Transferor and Transferee are hereinafter collectively referred to as the "Parties.") WITNESSETH: WHEREAS, on August 24, 2011 the North Carolina Department of Environment and Natural Resources (the "NCDENR") issued to Transferor a Final NPDES Stormwater Permit with Identification Number NGS000312 (as amended to date, the "Stormwater Permit'), pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection agency dated October 15, 2007. WHEREAS, the Stormwater Permit became effective on August 24, 2011, and expired on April 30, 2014. Transferor submitted a permit renewal application in 2013 with no response to -date from NCDENR. WHEREAS, Transferor and Transferee have entered an Asset Purchase Agreement, dated _July 13 , 2018 (the "APA"), pursuant to which Transferor intends to transfer certain assets to Transferee, including certain facilities and the Stormwater Permit. The targeted closing date for the proposed acquisition is August 15, 2018 or such later date as may be agreed to by the Parties (the "Effective Date"). NOW THEREFORE, in consideration of the premises and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged by both parties hereto, the Parties hereby agree as follows: 1. Pursuant to Part III Section B.2 of the Stormwater Permit, Transferor hereby agrees to transfer to Transferee the Stormwater Permit, and Transferee hereby agrees to accept such transfer. Transferee agrees to assume coverage, responsibility and liability under the Stormwater Permit subject to the terms and conditions listed below. 2. The effective date of the Stormwater Permit transfer as it refers to the operation of the Facility and compliance with the Stormwater Permit conditions and requirements thereof, shall be on the Effective Date, unless the proposed acquisition is delayed or canceled, of which NCDENR will be promptly informed by Transferor or Transferee, if it occurs. PHDATA 6457519_3 3. From the Effective Date and thereafter, Transferee shall assume the duties, responsibilities, coverage, and liabilities included in the RCRA Permit, and Transferor shall be released and discharged from all such responsibilities, coverage, and liabilities. However, until notified by NCDENR that Transferee has demonstrated compliance with the financial assurance requirements and Transferor is no longer required to comply with such requirements Transferor shall maintain the financial assurance currently in place related to the RCRA Permit. 4. Nothing herein is intended to affect any other agreements between the Parties. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. 6. Any notice or communication shall be sent to the Party's respective address set forth below. 7. If any provision or obligation of this Agreement is determined to be contrary to law then the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representative as of the day and year first above written. AERC Acquisition Corporation, dlbla DART, a Clean Earth Company b DART Acquisition, LLC Name: 1 Title: Y 'ee lReaSU,[(+2Title: Address: 334 South Warminster Road Address: 4132 Pompano Road Hatboro, PA 19040 Charlotte, NC 28216 III IDA I'A (AS7.519 3 CeeJUE w j S kAtl a 41c (a 4 8) SGo - gR o 3 G (11) • C lei cG 06, Crj a d t, s CA , .Is ma� I. lu M Pi. • Ow" vicmi Ci'1+5(d 1 +1�• AVIS4. zts � kl !! 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Bradley From: Broadway, Chad < Chad, Broadway@mecklenburgcountync.gov> Sent: Tuesday, May 22, 2018 8:09 AM To: Bennett, Bradley Subject: [External] RE: [External]DART Acquisitions LLC - NCS000312 Hi Bradley, You're correct, the pond at DART is a concrete lined basin that is equipped with a manually activated gate valve, and the valve remains closed except during a planned discharge. I think keeping the language specifying sample collection within 30 minutes of initial discharge is probably fine. If the site had more of a TSS issue, then I might be interested in the sample being collected closer to the initial release to ensure that the lower portion of the water column is sampled and see what may be sorbed to the sediment, but I'm not sure that is a big factor here. The nature of this pond probably prevents a true "first flush" sample, but I think it yields a pretty consistent sample. For BOD, the 6.0 mg/L is our In -Stream action level, so I wouldn't necessarily consider their 13.6 value to be an issue for us (considering the size of the receiving stream) or that it necessitates the addition of a BOD parameter. After reading over our monitoring results table, I probably need to update the notes to more clearly specify these are in -stream action levels. I'll defer to your judgement on copper... I think I've become somewhat desensitized to lower level exceedances considering how regularly we see it. From approximately 120 sites and 10 years of monitoring, copper at this site is in our lower 251h percentile and represents half of our median value and approximately 20% of the average value. I think the source of copper at this site is likely from heavy trucks for material delivery more so than site materials/processing exposure. Let me know if you need any additional information. Thanks for keeping us in the loop. Chad Broadway, Environmental Specialist Charlotte -Mecklenburg Storm Water Services Mecklenburg County Water Quality Program 2145 Suttle Avenue Charlotte, NC 28208 704-280-1497 (mobile) chad.broadway@mecknc.eov A Consider the environment before printing this email or the attachment. From: Bennett, Bradley[mailto:bradley.bennett@ncdenr.gov] Sent: Monday, May 21, 2018 9:22 PM To: Broadway, Chad <Chad.Broadway@mecklenburgcountync.gov> Subject: (External)DART Acquisitions LLC - NCS000312 CALiTION Thls email originated from outside of the organization. Do not click links or open attachments unless you recognize the�sender andknow the content is safe F'b, Hey Chad, I've been look at the info we have on this facility (4132 Pompano Road) and the information you provided on the facility. Just had a couple of quick questions, First is related to the pond that collects their stormwater. It appears that they manually discharge from the pond, is that correct or does it discharge in response to a.storm event in some way? Just trying to figure out if there need to be any specific criteria for sample collection? Do you still thing it s okay to say within first 30 minutes of discharge? Second question is on monitoring results you guys found in January. Looks like your monitoring showed they were over the benchmark for CU. Would you recommend that we add CU monitoring to their permit? Your data also showed BOD over your action level but less than our benchmark. The permit already has COD. Right now I plan to keep COD. Would you suggest instead requiring BOD? Thanks for your thoughts on this. Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: brad ley. ben nettOncdenr.pov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws Gharkue-Mecklenburg STORM - WATER 21°45 Suttle Avenue Charlotte, NC 28208 January 30, 2018 Scott Madix, Lab Manager Dart Acquisitions 4132 Pompano Road Charlotte, NC 28216 Subject: Stormwater Monitoring Dart Acquisitions Dear Mr. Madix: On December 20, 2017, Chad Broadway and Matthew Storosh of Charlotte -Mecklenburg Storm Water Services (CMSWS) sampled stormwater runoff from the subject facility located at 4132 Pompano Road in Charlotte, North Carolina. The monitoring was conducted under authority granted by Charlotte City Code Chapter 18, Section 18-82. The monitoring was also conducted as part of a cooperative working agreement between Mecklenburg County and the North Carolina Department of Environmental Quality (NCDEQ) — Division of Energy, Mineral and Land Resources (DEMLR). NCDEQ — DEMLR has been copied on this report and made aware of monitoring results regarding the facility's NPDES permit. Total rainfall during the rain event in which samples were collected at your facility was 0.84 inch. Rainfall data was reported by the United States Geologic Survey (USGS) real- time station CRN-05 (Rain Gauge at Charlotte Water Administrative Building). CMSWS sampled stormwater runoff from the discharge point of the facility's retention pond. A summary table of results is attached to this report. CMSWS analyzed the monitoring results from your facility by comparing them to local and state stream standards (CMSWS Action Levels and North Carolina Water Quality Standards). The results indicate elevated concentrations of copper and biochemical oxygen demand (BOD) in your facility's stormwater runoff. Since the stormwater sample was not collected from a stream, the local and state stream standards do not apply; however, they indicate the potential of polluted runoff from the facility to negatively impact the receiving stream. Based on this analysis, CMSWS recommends that you conduct an evaluation of your facility to identify potential sources of these pollutants. CMSWS also recommends improving housekeeping, pollution prevention, and preventative maintenance measures in order to minimize contamination in your facility's stormwater runoff. To report pollution or drainage problems call: 3'11 QIARIMM http://stormwa ter. charmeck.org V. V�4 Mr. Scott Madix, Lab Manager Page 2 January 30, 2018 Please contact me at (704) 280-1497 if you have any questions or need additional information. For questions specifically regarding your NPDES stormwater permit, please contact Mr. James Moore with NCDEQ — DEMLR at (704) 663-1699. Sincerely, Chad BrZayt Environmental Specialist Charlotte -Mecklenburg Storm Water Services Attachment cc: Kristen O'ReilIy, City of Charlotte James Moore, NCDEQ — DEMLR N k�1 �x Chadoft4h eAbu►g STORM 2145.Suttle Ave WATERCharlotte, NC 28202 Servlces '^-- Summary of Stormwater Monitoring and Anal sis Facility: Dart Acquisitions Sample Date: December 20, 2017 Rain Event Total: 0.84 inch (CRN-05) Industrial CMSWS NC Water Stormwater Quality Parameter Units Outfall 001 Permit Action Level Standard Discharge (In -stream) (In -stream) Benchmarks Temperature (°C) 12.2 - 32 32 Dissolved (mg/L) 10.05 - - 4.0 Oxygen Conductivity (umho/cm) 54.3 - 550 - pH 7.31 6,0 to 9.0 - 6:O to 9.0 Fecal Coliform 100mL 181 1000 3000 200 E-Coll Bacteria (mpn/ 100mL) 520 - - - Total Suspended (mg/L) 51 100 - - Solids Turbidity (NTU) 60 - - 50.0 Copper* (mg/L) 0.016. 0.010 - 0:0036 Zinc* (mg/L) < 0.010 0.126 - 0.036 Chromium (mg(L) 0.0076 0.05 - 0,016 Lead* (mg(L) <0.005 0.075 - 0.014 Oil and Grease, (mg/L) < 5.0 15 - - and TPH BOD (mg/L) 13.6 - 6.0 - COD (Mg/L) 57 120 - - Yellow indicates exceedance of Permit Benchmark Value, CMSWS Action Level or NC Water Quality Standard, *Monitoring data collected during this event is based on total recoverable metals. The values for the Industrial Stormwater Permits Discharge Benchmarks are also based on total recoverable metals. The NC Water Quality Standard for in -stream is based on dissolved metals with an assumed in -stream hardness value of 25 mg/L. • �h To report pollution or drainage problems, call: 311 ..� http://stormwater.charmeck.org CHAIUA M,. OF Charlaffe•Mecklenburg STORM WATER ^.r•%�yn.,�.r, Services September 26, 2016 Jim Kreger, Compliance Manager Dart Disposal and Recycling Technologies 4132 Pompano Road Charlotte, NC 28216 Subject: Industrial Facility Inspection Dart Disposal and Recycling Technologies Dear Mr. Kreger: 1147 Suttle Avenue Charlotte. INC 28208-5237 On September 9, 2016, Chad Broadway and Preston Hines of Charlotte -Mecklenburg Storm Water Services (CMSWS) conducted an inspection. of the above referenced facility as a requirement of the City of Charlotte's NPDES Permit, NCS000240, Part 11 Section H. Inspection authority is granted by Charlotte City Code Chapter] 8, Article III, Section 18-82. At the time of inspection, the facility was observed to be in compliance with the City of Charlotte Storm Water Pollution Control Ordinance. The inspection was also conducted as part of a cooperative working agreement between Mecklenburg County and the North Carolina Department of Environmental Quality (NCDEQ) — Division of Energy, Mineral and Land Resources (DEMLR). NCDEQ -- DEMLR has been copied on this report and made aware of the following observations regarding the facility's NPDES stormwater permit: 1) Stormwater Pollution Prevention Plan SPPP A Stormwater Pollution Prevention Plan (SPPP) has been developed and implemented; however, several elements of the SPPP have not been updated and documented as required by the facility's NPDES permit. 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded. 3) Analytical Monitoring Analytical monitoring has been conducted and recorded. 1"0 report pallrItion or drainage probleins, call, 31.1. �,.. littp•.1/storinwa,ter.ch,,irnieck.org cirARIAtrrr: G. Mr. Jim Kreger Page 2 September 26, 2016 Thank you for the assistance and cooperation with the site inspection. 'Hie attached report provides details about inspection observations and should be self-explanatory. Please contact me at (704) 280-1497 if you have any questions or need additional information. For questions specifically regarding your NPDES stormwater pennit, please contact Zahid Khan with NCDEQ — DEMLR at (704) 663-1699. Sincerely, f c Chad Broadway Environmental Specialist Charlotte -Mecklenburg Storm Water Services cc: Kristen O'Reilly, Charlotte Storm Water Services Zahid Khan, NCDEQ — DEMLR Attachment r Chartntto lMecklenDvrg 2 14 5 5 u t L l e A v e n u e STORMCliarIoIte, NC 29208 %ATER Facility Inspection SeNicas Facility Name: Dart Disposal and Recycling Technologies Inspection # : 26495 Contact: Jim Kreger, Compliance Manager Permit #: Inspector: Chad Broadway Receiving Stream: Irwin Creek Inspection Date: 09/09/2016 Entry Time: 9:35 am Exit Time: 11:66 am SIC #: Facility Description: Dart Disposal and Recycling Technologies is a permitted treatment, storage, and disposal facility for hazardous and non -hazardous materials. The facility accepts various products for either onsite disposal or consolidation and shipment to other facilities for processing. Received materials undergo profiling and analysis prior to storage or processing at the facility. File ReviewlHistory: Chariotte-Mecklenburg Storm Water Services (CMSWS) previously conducted an inspection at this facility on 11/1412013. inspection Summary: At the time of inspection, this facility was observed to be in compliance with the City of Charlotte Storm Water Pollution Control Ordinance. Please see the report for recommendations and comments. 0 0 =DeficiencyAP' .,r,G,;.{' i,`i.Co nments�r .',f e !!. i d,i ,,�, ;h�;;. ,; �r, ,3i, ;i �� Stormwater system (catch basins, No Stormwater flows through the site via sheet flow to a concrete inlets, ou€falls, etc.) retention pond where Stormwater is contained until it is manually discharged to outfall #001 via a gate valve. Erosion issues Recommendation Erosion was observed at the discharge point of outfall #001. CMSWS recommends stabilizing the area with an energy dissipator (ie. dprap) or another means of stabilization to prevent ongoing erosion. Structural stormwater BMPs No The facility has one concrete retention pond that collects flow from the facility grounds. The basin outlet is controlled with a gate valve that remains closed, providing a containment point for any potential spills occurring on site. Per facility personnel, the capacity of the basin is 22,500 cubic feet, Illicit discharges/connections No No illicit discharges or connections were observed during the ins action. Aboveground storage tanks) - list No The facility has four 25,000-gallon tanks and three tank sizes & contents 10,000-gallon tanks indoors associated with the facility's wastewater treatment process. Additional vessels associated with the facility's thermal stripper are located under canopy cover at the rear of the facility. 55-gallon drums, totes, and other tanks containing various chemicals to be processed or shipped to another facility are located indoors. Underground storage tank(s) - fill port. NIA The facility does not have underground storage tanks: area; list tank sizes & contents To report pollution or drainage problems call: 31.1 CILVIIIIA TL' http:Ilstorniwater.charmeck.org . 9126/2016 6:13:50AM Page 1 of 1 Site Inspection,.,_ .. _ . '�. ,'.., F , �'D'aficiency r�,. , <<:..'� ,.Comments. .`:.. Outdoor material storage area(s) Recommendation At the time of inspection, a large tank previously used for chemical processing was observed to be stored outdoors with the lid slightly askew, allowing accumulation of stormwater. All valves were closed and no discharge was observed around the vessel; however, CMSWS recommends the tank be covered to prevent stormwater accumulation and potential unintended discharge. Additionally, an empty 55-gallon drum of unknown previous contents was stored outdoors with the lid not properly placed. Outdoor processing area(s) No Loadinglun loading area(s) No Vehicle/equipment area(s) - fueling, No The facility does not conduct vehicle fueling, washing, or washing, storage, etc. maintenance on site. Oillwater separator andlor No As apart of primary facility operations, certain types of pretreatment chemicals received by the facility are processed using an air sparger, thermal treatment, and platelpress treatment. Upon final treatment, the waste stream is then discharged to the sanitary sewer via two "outfalls" that are monitored by the facility and inspected periodically by Charlotte Water (formerly Charlotte Mecklenburg Utilities). Waste storageldisposal area - No dum stars, scrap metal bins, etc. Food service area(s) NIA Indoor material storage area(s) No The facility stores 55.gallon drums, totes, and other containers of various caustics, corrosives, flammables, and other chemicals. The chemical storage areas were observed to be well kept and organized based on type I reactive nature. Dikes were located at each point of ingress/egrass to prevent a potential spill from discharging outdoors, and chemical -specific storage areas were also divided by dikes. Indoor processing area(s) No Indoor processing areas consist of components related to waste processing/treatment, including an air sparging unit, Plate press filter unit, and associated tanks. Floor drains No Grated trench drains I floor drains were observed in several areas of the facility. Per the facility manager, these drains are "dead sumps" and any accumulated product is vacuumed out and placed into a tank for on -site treatment. Spill response equipment No Spill response equipment was observed in a shed at the rear of the facility. The facility has contracted with Shamrock Environmental to provide emergency response services in the event of a significant spill. tomwater Pollution Plan Observed Comments Does the facility have a stormwater Yes pollution preventionplan? General location (USGS) map Yes Narrative description of practices Yes Detailed site map Yes List of significant spills (past 3 years) No Per the facility manager, no significant spills have occurred within the previous three years. However, the facility should be making an annual "notation of no spills" in year when no spills have occurred, as per Part ill, Section 7 of the permit • Rm't'a report pollution or drainage problems call: 31 1 , (21ARL(YrIll. h1tp:11statm%vate r.charmcek,org 9I2e12016 8:13750AM Page 2 of 4 r INlull, pip, Q 4€ e Otuerved Sforrnwater Poilutionii?lan amma Non-stormwater discharge evaluation No The facility last conducted a non-stormwater discharge of outfall(s) evaluation on 702011. A non-stormwater discharge evaluation should be conducted on an annual basis; as per Part 11, Section 1 e of the permit. Feasibility study Yes All necessary secondary Yes containment provided Collected water evaluated and NIA documented prior to release BMP Summary Yes Spill prevention and response plan Yes Preventative maintenance and good Yes housekeeping Ian Facility provides and documents Yes employee training List of responsible parties Yes Reviewed and updated annually No A documented review and update of the plan was last conducted on 7/1/2015. Stormwater facility inspection Yes The facility conducts daily, weekly, and monthly inspections program conducted semi-annually of various facility components that satisfy the stormwater facility inspection requirements. Fp - � �s�€ §? n.eMn t .4.. RE.. ualitatrvBlAnalytreal'�Nlonifo�ing� € r 13Ia0bseNed + - ommanls,ll(( C" "� 1• s l; a „1' �' i Qualitative monitoring conducted Yes The facility most recently conducted qualitative monitoring on semi-annually 2125/2016, 1011/2015, and 4/1512015. Analytical monitoring conducted Yes The facility most recently conducted analytical monitoring on semi-annually 2/25/2016, 10/112015, and 4/15/2016. One instance of exceeding the pH benchmark range (pH = 9.28) was observed during 2015. All other monitoring data reviewed was withinpermit benchmarks. Analytical monitoring from vehicle N/A maintenance 0' an; i.lt' ..„ ;'r !iA € i§ rermit andt0t�tl�lls33 4 E ii //++t.3v.1 3 3 4{ - 'i 4 F 'ji; 'i t i Pi .., •��., comments',, l F'.l'� :e.. ai ,•. .§' 3.x', i ,.x' xl �E l'f E § ..,;:. l € . iE� E k-� .. I f .., i�-,.lE� .. 1 Copy of permit and certificate of Yes coverage onsite All outfalls observed Yes Erosion was observed at the discharge point of outfall #001. CMSWS recommends repairing and stabilizing this area to prevent ongoing erosion. Number of Outfalls Observed 1 Representative outfall status N/A documented by NCDWQ Annual no -exposure self NIA re -certification documented Phase [l Permit Requirements :',- .' .O[is`e""rued „Comments` w Wastes removed from the MS4 NIA ro ed disposed Public transportation (roadway) NIA projects constructed within the last year Curb miles and parking lots swept N/A documented Catch basin and storm drain pipe NIA cleanlng documented 7'cr re}rart grollutic,i, rir drainage problems caul: 31 1 M € ARL[}TM littil�//sttit-mNvatcr.cliart-ncck.org r•mNvarcr.cliarcck.org . 8/26M16 9:13:50AM Page 3 of 4 ./ . Phase tl,ParmitRequirements' .' ¢ Observed .Comments Records of pesticidetherbicide NIA applicator licenses maintained for staff and contractors If pesticide treatment areas NIA exceeded, was permit application submitted? Pesticide limitations in Goose Creek NIA Watershed followed • ObTO report pollution or drainage problems call: 31'1 QL'. [it tp;I Is toriuwate r.char incck.org . 812e12016 8:13:50AM Page 4 of 4 Compliance Inspection Report Permit: NCS000312 Effective: 06/01 /09 Expiration: 05/31/14 Owner: Dart Acquisitions LLC SOC: Effective: Expiratlon: Facility: Dart Acquisitions LLC County: Mecklenburg 4132 Pompano Rd Region: Mooresville Charlotte NC 28216 Contact Person: James G Kreger Title: Phone: 704-395-9559 Directions to Facility:. System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 09/0912016 Entry Time: 09:35AM Primary Inspector: Water Quality Program Meckenburg County Secondary Inspector(s): Zahid S Khan Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Certification: Phone: Exit Time: 11:55AM Phone: 704-336-5449 Phone: Inspection Type: Compliance Evaluation Page: 1 �4i pew NCS000312 Owner - Facility: Dart Acquisitions LLC Inspection Data: 0910912016 Inspection Type: Compliance Evaluation Reason for Vises: Routine Inspection Summary: Dart Disposal and Recycling Technologies is a permitted treatment, storage, and disposal facility for hazardous and non -hazardous materials. The facility accepts various products for either onsite disposal or consolidation and shipment to other facilities for processing, Received materials undergo profiling and analysis prior to storage or processing at the facility At the time of inspection, this facility was observed to be in compliance with the City of Charlotte Storm Water Pollution Control Ordinance. Please see the report for recommendations and comments. Page: 2 Permit NCS000312 Inspection Date: 09109/2018 Analytical Monitorina Has the facility conducted its Analytical monitoring? Owner • Facility: Dart Acquisitions LLC Inspection Type. Compliance Evaluation # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Reason for Visit: Routine Comment: The facility most recently conducted analytical monitoring on_2/25/2016, 101112015. and 4/15/2015 . One instance of exceedinq the RH benchmark range H = 9.28 was observed during 2015. All other monitoring data reviewed was within permit benchmarks Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? N ❑ ❑ Cl # Were all outfalIs observed during the inspection? E ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ M ❑ # Has the facility evaluated all illicit (non sormwater) discharges? 1111011 Comment: ion was observed at the discharge point of outfall #00i. CMSWS recommends repairing and stabilizing this area to prevent ongoing erosion. Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment: The facility most recently conducted clualitative mo itorin on 2/25/2016 10/1/ 015 and 4/15/2015. Stormwater Pollution Prevention Plan Does the site have a Stormwater Pollution Prevention Plan? # Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Practices"? # Dbes the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible altemalives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan include a BMP summary? # Does the Plan include a Spill Prevention and Response Plan (SPRP)? # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? Yes No NA NE ■❑❑❑ Yes No NA NE ■❑❑❑ ■❑❑❑ ■❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IN ❑ ❑ ❑ ❑ ❑ ❑ ■❑❑❑ E ❑ ❑ ❑ ❑■❑❑ Page: 3 .' 46 . permit: NCS000312 Owner - Facility: Dart Acquisitions LLC Inspection Date: 0910912018 Inspection Type: Compliance Evaluation 8tormwater Pollution Prevention Plan # Does the Plan include a Stormwater Facility Inspection Program? Has the Stonnwaler Pollution Prevention Plan been implemented? Reason for Visit: Routine Yea No NA NE ❑ ❑ ❑ ❑ ❑ ❑ Comment: Per the facility manacier, no sicinificant spills have occurred within the previous three Years. However, the facility should be making an annual "notation of nos ills" in ear when nos ills have occurred, as per Part II, Section 7 of the permit. The facility last conducted a non-stormwater discharge evaluation on 7/5/2011. A non-stormwater discharge evaluation should be conducted on an annual basis, as per Part 11 Section 1 (e) of the permit. A documented review and update of the plan was last conducted on 711I2015. The facility conducts daily, weekly, and monthly inspections of various facility components that satisfy the stormwater facility inspection requirements. Page: 4 Permit Number NCS0O0312 Program Category NPDES SW Permit Type Slormwater Discharge, Individual Primary Reviewer bradley.bennett Coastal SWRule Permitted Flow 0 Facility Central Files: APS _ SWP 9/6/2016 Permit Tracking Slip Status Project Type In review Renewal Version Permit Classification Individual Permit Contact Affiliation Facility Name Major/Minor Region Dart Acquisitions LLC Minor Mooresville Location Address County 4132 Pompano Rd Mecklenburg Facility Contact Affiliation Charlotte NC 28216 Rick Reed 4132 Pompano Rd Owner Charlotte NC 28216 Owner Name Owner Type Dart Acquisitions LLC Non -Government Owner Affiliation Erik Bomlreto President 4132 Pompano Rd Dates/Events Charlotte NC 28216 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 9/29/1995 10/31/2013 Regulated Activities ••_• Requested /Received Events Stormwater (activities not covered) Region comments on draft requested Region comments on draft received Outfall 001 Waterbody Name Streamindex Number Current Class Subbasln Stewart Creek 11-137-1-2 C 03-08-34 Additional Monitoring Summary Data NCS000312 - DART Acquisitions Event Date TSS COD pH 5/6/2013 11 54 7.34 11/18/2013 ND 150 6.69 2/19/2014 26 29 7.21 10/16/2014 26 37 7.46 4/15/2015 68 51 9.26 10/1/2015 5.5 ND 6.98 2/25/2016 43 15 6.64 10/11/2016 4.5 13 7.07 3/28/2017 18 25 6.77 9/28/2017 11 ND 7.07 3/6/2018 86 37 6.21 C I�1Sk1S NI'�� btG <S Tur , ti OS X,,6, e.0 jwJ iri 5 V� IAlexartder,'Laura From: 'lames G Kreger <jkreger@dartworidwide.com>`. Sant. Wednesday, September iQr 2014 8:14 AM _ To: " . Alexander,' Laura. :1.. RE: 0 okrm1t'.Name/QwmershI0 Change Form, Attechment6g, DARE' Starrriwate'r Ownership'Chedge'Request Forrn.pdf . ..Follow Up Flag: Follow up NO Status:' . Flagged . Laura,.. I am sending you the original paperwork that was completed back In 2011. This Includes the signed ownership change force and ail the correspondence at that time. Thanks. Jim Kreger Compliance Manager DART Acquisitions, LLC From: Alexander, Laura (laura.alexander@ncdenr.gov] Sent: Tuesday, September 09, 2014 4:06 PM To: James G Kreger Subject: Permit Name/ownership Change Form Good Afternoon Mr. Kreger, We received your annual permit check for NCS000312 and noticed that your company has had a name change. If you wouldn't mind, please fill out the attached form and return to our office. I'll make the appropriate changes once we receive the signed form. Thanks for your help Please let me know if you have any questions. Laura Alexander Stormwater Permitting Program (919) 807-6368 1 `o�oF wAT9oG Beverly Eaves Perdue, Governor v� Dee Freeman, Secretary ? North Carolina Department of Environment and Natural Resources 0 < Coleen li. Sullins, Director Division of Water Quality a SURFACKWATER PROTECTION SECTION V PERMIT NAME/OWNERSHIP CHANGE FORM 1. Please_ enter the permit number for which the change is requested. NPDES'Pennit (or) Certificate of Coverage N,G I S 10 10 10 13 i 2 N GG H. Permit status prior to requested change. a. Permit issued to (company name): Heritage Environmental Services, LLC b. Person legally responsible for permit: Deborah C Edwards First MI Last Vice President Title 7901 West Morris Street Permit Holder Mailing Address Indianapolis IN 46231 City State Zip (317) 243-0811 (317) 486-5080 Phone 1'ax c. Facility name (discharge): Heritge EnvironmentalServices, LLC__ d. Facility address: 4132 Pompano Road Address Charlotte NC 28216 City State Zip e. Facility contact person: Craig G. Hogarth (317) 486 2783 First / MI / Last _ Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): DART Acquisitions, LLC c. Person legally responsible for permit: Erik Bomireto First Ml Last President Title 8647 Lyndon Street Permit I loader Mailing Address Detroit Ml 49238 City State Zip (313) 491-2072 erik!2dartworldwide.com Phone E-mail Address d. Facility name (discharge): DART Acquisitions, LLC e. Facility address: 4132 Pompano Road Address Charlotte NC 28216 City Stale "Lip f. Facility contact person: dames G Kreger First MI Last (313) 491-2072 jkregcr@dartworldwide.com Phone E-mail Address Revised titsooa PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact_: James G. Kreger First MI Last Compliance Manager Title 4132 Pomp.2no Road Mailing Address Charlotte NC 28216 City State Zip (313) 491-2072 jkreger@.dartworldwide.com Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI.Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ® This completed application is required for both name change and/or ownership change requests. ® Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): i, Debi Edwards attest that this application for a name/ownership change has been reviewed and is accurate and complete to: the best of my knowledge, 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 APPLICANT CERTIFICATION Date 1, Erik Bomireto, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. 67--6( 1L Si re T Date .................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re u d 7008 FORM OF BILL OF.SALE THIS -BILL OF SALE (this "Instrument"), dated as of July 6, 2011, is made by and between DART Acquisitions; LLC, a Norih Carolina limited liability company, ("Buyer"), Heritage Environmental Services, LLC., an Indiana corporation ("HES, LLC"), and Heritage Environmental Services, Inc. ("HES. Inc;"), an Indiana limited liability company (together with HES, LLC; "Sellers") and delivered pursuant to, and subject to the terms of, the Asset Purchase Agreement (the "Purchase A reemmt"), dated as of December 17, 2010, by and among Buyer and Sellers. Capitalized terms not otherwise defined in this Instrument shall have the meanings given to such terms in the Purchase Agreement. WHEREAS, Sellers have agreed to sell to Buyer all of the Purchased Assets pursuant to the terms of the `Purchase Agreement. NOW, THEREFORE, subject to the terms and conditions of the Purchase Agreement and for the consideration set forth therein, Buyer and Sellers each hereby agree as follows: 1. Sellers do hereby sell, convey, transfer, assign and deliver to Buyer, and Buyer hereby acquires and accepts from Sellers, all of the. Purchased Assets. Sellers hereby warrant and confirm to Buyer that: (i) Sellers have the full right to sell all -of the Purchased Assets and (ii) the Purchased Assets herein sold are free and unencumbered, except as provided in the Purchase Agreement. Sellers covenant and bind their respective successors and assigns to warrant and defend the title to the. Purchased Assets to Buyer, its successors and assigns, forever, against the lawful claims of all persons. Notwithstanding anything contained herein, Sellers will retain and not sell, and Buyer will not acquire, the Excluded Assets. 2. At anytime or from time to time after the date hereof, at Buyer's request and without further consideration, Sellers shall execute and deliver to Buyer such other instruments of sale, transfer, conveyance, assignment and confirmation, provide such materials and information and take such other actions as Buyer may reasonably deem necessary or desirable in order to more effectively transfer, convey and assign to Buyer, and to confirm Buyer's title to, all of the Purchased Assets; and, to the full extent permitted by law, to put Buyer in actual possession and operating control of the Purchased Assets and to assist Buyer in exercising all rights with respect thereto. 3. This Instrument shall be governed by and construed in accordance with the domestic laws of the State of Michgian, without giving effect to any choice of law or conflict of law provision (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan. 4. This Instrument shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 5, This Instrument is executed and delivered pursuant to the Purchase Agreement. This Instrument shall not be.deemed.to defeat, limit, alter, impair, enhance or -enlarge any right, obligation, claim or remedy created by the Purchase Agreement, and in the event of any conflict between the Purchase Agreement and this Instrument, the Purchase Agreement shall control. 6. This instrument may be executed in one or more counterparts, all of which shall be considered one and the same Instrument, and shall become effective when one or more of such counterparts have been.signed by each of the parties and delivered to the other party. [Rest of Page Intentionally Left Blank] IN WITNESS WHEREOF, this Instrument is duly executed and delivered as of the day and year first above written. BUYER: DART ACQUISITIONS, LLC By: .1hc�? Name: k Title: SELLERS: HERITAGE ENVIRONMENTAL SERVICES, INC. HERITAGE ENV IRONMENTALSERVICES, LLC By: Name: i ! Title: L? 854709/2 �T CDP) DISPOSAL ANO RECYCLING TECHNOLODIE8 4132'Ponrpcu10 1Rd. ChiMoite, NC 7o4-395-9559 July 11, 2011 Mr. Bradley Bennett Division,of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 CERTIFIED MAIL/RETURN RECEIPT 7011 0470 0002 2250 5055 Re: Change of Name/Ownership under'Stormwater Permit NCS000312. Dear Mr. Bennett: As of July 6, 201.1 the facility known as lieritage.Environmental Services, LLC located at 4132 Pompano Road, Charlotte, North Carolina under Storrnwater Permii NCS000312 has been sold to DART Acquisitions, LLC (DART). Enclosed you will find a completed and signed "Permit Name/Ownership Change Form" 'also included is an original signed "Bill of Sale" as requested by the department. Please be advised that DART will continue to abide by the, current stormwater permit conditions, sampling/monitoring protocol and compliance schedule requirements as dictated in the permit.. If you should you have any questions regarding the above, please contact me 248-840-9017. Sincerely, DART Acquisitions, LLC (J James G. Kreger, CHMM Compliance Manger Enclosures NCDETIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 24, 2011 James G. Kreger COMPLIANCE MANAGER DART Acquisitions, LLC 4132 Pompano Road Charlotte, NC 29216 Subject: Permit No. NCS000312 DART Acquisitions, LLC Charlotte Facility Mecklenburg County Dear Mr. Kreger: Dee Freeman Secretary Division personnel have reviewed and approved your request to change your name under the individual permit, received on July 15, 201 L Please find enclosed the revised permit cover page. The terms and conditions contained in the permit remain unchanged and in full effect. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, for Coleen H. Sullins cc: Winston-Salem Regional Office Stormwater Permitting Unit Wetlands and Slommater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Locatlom 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 919-807.64941 Customer Service:1-877-623.6748 Intemet: www.ncwaterqualV.org M Equat opportunity % AffirmaM Action Employer onthCarolina NNturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT. TO DISCHARGE STORMWATER UNDERTHE NATIONAL POLLUTANT DISCHARGE -ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, DART Acquisitions, LLC is hereby authorized to discharge stormwater from a facility located at DART Acquisitions, LLC 4132 Pompano Road Charlotte Mecklenburg County to receiving waters designated as Stewart Creek, a class C stream,.in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1,11, 111, IV, V and VI hereof: This permit shall become effective August 24, 2011. This permit and the authorization to discharge shall expire at midnight on April 30, 2014. Signed this day August 24, 2011. 4L /�& r Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission NCS00312 A� ..,.-�L CCDEFR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary James G. Kreger COMPLIANCE MANAGER DART Acquisitions, LLC 4132 Pompano Road Charlotte, NC 28216 Dear Mr. Kreger: RECEIVED August 24, 2011 DIV±SIGN OF WATER QUALITY AUG 3 0 2011 s=,-LIONAL OFFICE Subject: Permit No. NCS000312 DART Acquisitions, LLC Charlotte Facility Mecklenburg County Division personnel have reviewed and approved your request to change your name under the individual permit, received on duly 15, 2011. Please find enclosed the revised permit cover page. The terms and conditions contained in the permit remain unchanged and in full effect. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, for Coleen H. Sullins rv)a Mc -- cc: Winsten-Satlem Regional Office Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury SL Ralegh, North Carolina 27604 Phone:91 M07-6300 L FAX: 919-807-6494 L Customer Service:1-877-623-6748 Internet: www,n&aterquality.oq An Equal Opportunity 1 Affirmative Action Employer "� On e NCarolina Naturally NCS00312 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELEVE[NATION SY TEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, DART Acquisitions, LLC is hereby authorized to discharge stormwater from a facility located at DART Acquisitions, LLC 4132 Pompano Road Charlotte Mecklenburg County to receiving waters designated as Stewart Creek, a class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, H,111, IV, V and VI hereof. This permit shall become effective August 24, 2011. This permit and the authorization to discharge shall expire at midnight on April 30, 2014. Signed this day August 24, 2011. ORIMMSOMO KEN PICKLE Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Pickle, Ken From: Pickle, Ken Sent: Thursday, August 11, 2011 5:36 PM To: Patterson, Robert Cc: Bennett, Bradley Subject: 1=W: Storm Water Discharge Permit: Heritage Environmental in Charlotte FYI, No -Action - - DART is the new owner of Heritage Environmental in Charlotte. kbp Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken.oickle@ncdenr.gov Website: htto://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Pickle, Ken Sent: Thursday, August 11, 2011 5:33 PM To: 'Bill Zoeller' Cc: Massengale, Susan; Bennett, Bradley; Patterson, Robert Subject: RE: Storm Water Discharge Permit Hi, Bill, Again, I've added my responses in bold red text below. Please contact me if we need to follow up more. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. pickle@ncdenr.gov Website: htti)://i)ortal.ncdenr.ora/web/­wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Bill Zoeller [maiito:bill.zoeller@slg.com] Sent: Thursday, August 11, 2011 2:23 PM To: Pickle, Ken Cc: Massengale, Susan; Bennett, Bradley Subject: RE: Storm Water Discharge Permit Mr. Pickle, Again thank you for your follow-up and in later speaking with DART, they have no intentions discharging the liquid (beer, wine, spirits, cola, ect.) via wastewater and a wastewater permit should not be required. OK understand. Their plan is to use the tanks on premise to hold the fluid, which falls under their Hazardous Waste permit until bulk liquid transportation can be arranged to Detroit for ethanol conversion. All that being said, will DART be in NCDENR compliance with permit NCS000312 to crush beer and other product containers such as wine, spirits and cola, hold the liquid product for transportation to Detroit and then allow local recyclers to recycle the aluminum, crushed glass and corrugated product? • We have already begun the Permit transfer Process. If our question is will DM transfer Heritage's permit to DART? The answer is, we intend to. • Or said another way, does DM intend for the conditions contained in the existing permit NCS000312 to cover stormwater discharges Lrom DART's operations? We are relying on the resumed sufficiency of DART's representation of their business processes, and on that basis it appears that the current permit is appropriate. Recall that our focus is on the potential Lor pollutant dischar es: we are regulating the discharges, not so much the on -site activity. The on -site activity certainly has a bearing on what pollutants might be discharged, but our permit is about regulating the discharge, not about regulating the on -site activity. If DART's on -site activities ever change to a significant degree, they_ are „obligated by the permit to notify us. If we then fudge that the existing NCS000312 is inappropriate because it does not adequately address the potential for pollutant discharges, a revised permit is required. Have l answered your question? Bill Zoeller Logistics Analyst Satellite Logistics Group (P)281-902-5535 (F) 281-902-5635 www.sig.com From: Pickle, Ken [mailto:ken. pickle@ncdenr.gov] Sent: Thursday, August 11, 2011 12:37 PM To: Bill Zoeller Cc: Massengale, Susan; Bennett, Bradley Subject: RE: Storm Water Discharge Permit Hi Bill The transfer request was received by Bradley, and is being processed now by our administrative assistant. It has not yet been keyed into our database, but should be soon. Normally the return notification letter will come across my desk for signature. I'd expect to see it nit tomorrow. Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. Pickle(. ncdenr.gov Website: http://portal.ncdenr.org/web/wo/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Bill Zoeller [maiito:bill.zoeller@slg,com] Sent: Thursday, August 11, 2011 11:40 AM To: Pickle, lien Cc: Massengale, Susan; Bennett, Bradley Subject: RE: Storm Water Discharge Permit Mr, Pickle, James Kreger, CMM and Compliance Manager of DART stated that they have communicated with Bradley Bennett and a change form was submitted to your department with the proper required documents necessary for the transfer. I attempted to reach out to Mr. Bennett, but he is out of the office until Monday. Can you check the transfer status and possibly submit an approval date? Your help is greatly appreciated. Bill Zoeller Logistics Analyst Satellite Logistics Group (P)281-902-5535 (F)281-902-5635 www.slg.com From: Pickle, Ken [mailto: ken. pickle@ncdenr.gov] Sent: Thursday, August 11, 2011 8:22 AM To: Bill Zoeller Cc: Massengale, Susan; Bennett, Bradley Subject: FW: Storm Water Discharge Permit Importance: High Hello Mr. Zoeller, I see I'm a couple of time zones ahead of you. If this email is not sufficient, please contact me voice -to -voice when it's convenient. I'm in the office all week, and I'll be glad to speak with you to clear up any other questions, or circumstances. I've inserted my responses in red bold text in your original note below. Ken Ken Pickle Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken, Rickle@)ncdenr.gov Website: htt ortal.ncdenr.or web w w u ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Massengale, Susan Sent: Wednesday, August 10, 2011 4:39 PM To: Diuguid, Bill; Pickle, Ken; Randall, Mike Cc: Bennett, Bradley Subject: FW: Storm Water Discharge Permit Importance: High Not sure who this properly goes to but would one of you please reply to Mr. Zoeller's questions or forward it to the proper person? Thanks for your help, Susan Susan Massengale Public Information Officer DLNR- DiN ision of Water Quality 1617 MSC, Raleigh, NC 27699-1617 (919) 807-6359; fax (919) 807-6492 Please note: my e-mail address has changed to susan.massengale@ncdenr.gov E-mail correspondence 10 idol Ji-onz this address maj, he subjecl In the .North Carolina Public Records Law and may be disclosed to third parties. From: Bill Zoeller [ma !Ito:bill.zoeller@slg.com] Sent: Wednesday, August 10, 2011 4:34 PM To: Massengale, Susan Subject: Storm Water Discharge Permit Importance: High Ms. Massengale, Thank you for taking my call this afternoon, Satellite Logistics Group is a third party Logistics Company that assists customers such as MillerCoors, Anheuser-Busch, Heineken and Guinness in their disposal of out of date or recalled merchandise. Our company has worked with DART at their Detroit facility and now they have acquired a new location in Charlotte and I am interesting in working with them to handle the destruction of full product in North Carolina. DART Acquisitions, LLC has forward me the previous owner's stormwater discharge permit under Heritage Environmental Services, LLC, which I have attached along with DART's current Hazardous Waste Management Permit. My question is, has DART requested a permit in their name We have not received a permit application from DART Lqr„this facility. or are they allow to transfer the permit There is a name%wnership chan_ge_reguest form on the Stormwater Permitting Unit website that may be use far this purpose. Please note that the submittal of the form to us is necessary: The transfer of the permit is a DWQ action, not an action that can take place between Heritage and DART. http://portal,ncdenr.orgZc/doc_u_me_nt library/get file?uuid=6f3f8836-931e-4475-b523-0199235fea69&groupld=38364 and does this permit allow them to dispose beer in the storm system No, this permit authorizes_ the discharge of stormwater only. Unlike some other states, North Carolina has no combined sews a starmwater sewers. In our state all wastewaters even treated wastewaters must be discharge under a wastewater permit, not under a stormwater permit. as long as they follow the procedures and limitations of the permit. Not relevant. Wastewater discharge requires a wastewater permit not a stormwater permit. There is no circumstance under which the current permit, NCS000312 authorizes the discharge of treated beer. Secondly will they be in compliant with local, state and federal EPA requirements. No, they will not be compliant in the event of a discharge of treated beer. The facility must have a wastewater discharge permit to discharge treated beer. The germit you re erence NCS000312 is a stormwater-only ermit. The discharge of treated beer into the stormwater system would be a violation of North Carolina rule and low. North Carolina ABC enforcement agency has signed off on them along with the Alcohol & Tobacco Tax & Trade Bureau (TTB) allowing them to fill bulk liquid containers and transport outside the state. Thank you advance in answering my questions regarding the storm water permit and EPA requirements. Bill Zoeller Logistics Analyst Satellite Logistics Group 12621 Featherwood Drive, Suite 390 Houston, Texas, 77034 (P) 281-902-5535 (F) 281-902-5635 www.slg.corn Internet Email Confidentiality Footer This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by reply email, or by telephone at (281-902-5500) and destroy the original transmission and its attachments without reading or saving in any manner. Internet Email Confidentiality Footer This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by reply email, or by telephone at (281-902-5500) and destroy the original transmission and its attachments without reading or saving in any manner. Internet Email Confidentiality Footer This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify me by reply email, or by telephone at (281-902-5500) and destroy the original transmission and its attachments without reading or saving in any manner. ®�1 DISPOSAL AND RECYCLING TECHNOLOGIES 4132 Pompano Rd. Charlotte, NC 704-395-9559 July 11, 2011 Mr. Bradley Bennett Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 VIA CERTIFIED MAIL 7011 0470 0002 2250 5055 Re: Change of Name/Ownership under Stormwater Permit NCS000312 Dear Mr. Bennett: As of July 6, 2011 the facility known as Heritage Environmental Services, LLC located at 4132 Pompano Road, Charlotte, North Carolina under Stormwater Permit NCS000312 has been sold to DART Acquisitions, LLC (DART). Enclosed you will find a completed and signed "Permit Name/Ownership Change Form" also included is an original signed "Bill of Sale" as requested by the department. Please be advised that DART will continue to abide by the current stormwater permit conditions, sampling/monitoring protocol and compliance schedule requirements as dictated in the permit. 1f you should you have any questions regarding the above, please contact me 248-840-9017. Sincerely, DART Acquisitions, LLC /J James G. Kreger, CHMM Compliance Manger Enclosures `0 �0F W ATFAPG Beverly Eaves Perdue, Governor 7r Dec Freeman, Secretary North Carolina Department of Environment and Natural Resources O < Coleen H. Sullins, Director Division of Water Quality SURFACE WATER- PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G S 1 0 10 10 13 1 2 N I C G 11. Permit status prior to requested change. a. Permit issued to (company name): Heritage Environmental Services, LLC _ b. Person legally responsible for permit: Deborah C Edwards First Ml Last Vice President Title 7901 West Morris Street Permit Holder Mailing Address Indianapolis IN 46231 City State Zip 317 243-0811 317 486-5080 Phone Fax c. Facility name (discharge): Heritage Environmental Services, LLC d. Facility address: 4132 Pompano Road Address Charlotte NC 28216 City State Zip e. Facility contact person: Craig G. Hogarth (317) 486-2783 First / MI / Last Phone 111. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): DART Acquisitions, LLC c. Person legally responsible for permit: Erik Bomireto First MT Last President Title 8647 Lyndon Street Permit Holder Mailing Address Detroit M1 48238 City State Zip 313 491-2072 erik dartworldwide.com Phone E-mail Address d. Facility name (discharge): DART Acquisitions, LLC e. Facility address: 4132 Pompano Road Address Charlotte NC 28216 City State Zip f. Facility contact person: James G Kreger First Ml Last (313) 491-2072 jkreger@dartworldwide.com _ Phone E-mail Address Revised 13 TM PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: James_ G. Kreger First Mi Last _ Compliance Manager Title 4132 Pompano Road Mailing Addm3 Charlotte NC 28216 City State Zip (313) 491-2072 _jkreger(@,dartworldwide.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI. 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. PERMI'TTEE CERTIFICATION (Permit holder prior to ownership change): 1, Debi Edwards attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 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. WM1 IM 45 PAN, Date APPLICANT CERTIFICATION 1, Erik Bomireto, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. tgnature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 7r"M FORM OF BILL OF SALE THIS BILL OF SALE (this "instrument"), dated as of lulyb, 2011, is made by and between DART Acquisitions, LLC, a North Carolina limited liability company, ("Buyer"), Heritage Environmental Services, LLC., an Indiana corporation ("HES, LLC"), and Heritage Environmental Services, Inc. ("HES, Inc."), an Indiana limited liability company (together with HES, LLC, "Sellers") and delivered pursuant to, and subject to the terms of, the Asset Purchase Agreement (the "Purchase Agreement"), dated as of December 17, 2010, by and among Buyer and Sellers. Capitalized terms not otherwise defined in this Instrument shall have the meanings given to such terms in the Purchase Agreement. WHEREAS, Sellers have agreed to sell to Buyer all of the Purchased Assets pursuant to the terms of the Purchase Agreement. NOW, THEREFORE, subject to the terms and conditions of the Purchase Agreement and for the consideration set forth therein, Buyer and Sellers each hereby agree as follows: 1. Sellers do hereby sell, convey, transfer, assign and deliver to Buyer, and Buyer hereby acquires and accepts from Sellers, all of the Purchased Assets. Sellers hereby warrant and confirm to Buyer that: (i) Sellers have the full right to sell all of the Purchased Assets and (ii) the Purchased Assets herein sold are free and unencumbered, except as provided in the Purchase Agreement. Sellers covenant and bind their respective successors and assigns to warrant and defend the title to the Purchased Assets to Buyer, its successors and assigns, forever, against the lawful claims of all persons, Notwithstanding anything contained herein, Sellers will retain and not sell, and Buyer will not acquire, the Excluded Assets. 2. At any time or from time to time after the date hereof, at Buyer's request and without further consideration, Sellers shall execute and deliver to Buyer such other instruments of sale, transfer, conveyance, assignment and confirmation, provide such materials and information and take such other actions as Buyer may reasonably deem necessary or desirable in order to more effectively transfer, convey and assign to Buyer, and to confirm Buyer's title to, all of the Purchased Assets, and, to the full extent permitted by law, to put Buyer in actual possession and operating control of the Purchased Assets and to assist Buyer in exercising all rights with respect thereto. 3. This Instrument shall be governed by and construed in accordance with the domestic laws of the State of Michgian, without giving effect to any choice of law or conflict of law provision (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan. 4. This Instrument shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. S. This Instrument is executed and delivered pursuant to the Purchase Agreement. This Instrument shall not be deemed to defeat, limit, alter, impair, enhance or enlarge any right, obligation, claim or remedy created by the Purchase Agreement, and in the event of any conflict between the Purchase Agreement and this Instrument, the Purchase Agreement shall control. 6. This Instrument may be executed in one or more counterparts, all of which shall be considered one and the same Instrument, and shall become effective when one or more of such counterparts have been signed by each of the parties and delivered to the other party. [Rest of Page Intentionally Left Blank] IN WITNESS WHEREOF, this Instrument is duly executed and delivered as of the day and year first above written. DART ACQUISITIONS, LLC By: t ?AC7 Name: k Title: --- ) PZs d_ SELLERS: HERITAGE ENVIRONMENTAL SERVICES, INC. HERITAGE ENVIRONMENTAL SERVICES, LLC By: Name: . i i c ; Title: O 85A7093.2 (PF�7) H ERITAG E `i ENVIRONMENTAL SERVICES VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED ARTICLE NUMBER 7006 3450 0003 0515 6896 January14, 2011 7901 West Morris Street Indianapolis, Indiana 46231 ^� Coleen H. Sullins Director Division of Water Quality N North Carolina Department of Environment and Natural Resources � 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: Transfer of Stormwater NPDES Permit, Heritage Environmental Services, LLC, 4132 Pompano Road, Charlotte, North Carolina NPDES Permit No: NCS000312 Dear Ms. Sullins Heritage Environmental Services, LLC ("Heritage") currently owns and operates a waste storage facility, located at 4132 Pompano Road, Charlotte, North Carolina 28216 (the "Facility"). The Facility holds NPDES Permit No. NCS000312, which became effective on June 1, 2009 and expires on May 31, 2014. Heritage has entered into an agreement with DART Acquisitions, LLC ("DART") to purchase the Facility. upon the satisfaction of specified conditions to closing. Enclosed herein is a written agreement of transfer of NPDES permit responsibility between the current permittee, Heritage, and the new permittee, DART (the "NPDES Permit Transfer Agreement"). The NPDES Permit Transfer -Agreement contains the expected closing date of the acquisition, March 15, 2011 ("Closing Date"), which is the date that is expected to be the effective date for the transfer of permit responsibility between Heritage and DART. After the acquisition, DART plans to continue operating the Facility in compliance with the NPDES permit. In accordance with Part III, Section 13.2 (page 3 of 8), Heritage is providing this notice and requesting that the North Carolina Department of Environment and Natural Resources ("NCDENR") approve the transfer. While the permit does not allow an automatic transfer, 40 CFR Part 122.61, provides for an NPDES permit to be automatically transferred if (i) the current permittee notifies EPA at least thirty (30) days in advance of the proposed transfer date; (ii) the notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and (iii) EPA does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. Heritage trusts -that the NCDENR will follow a similar procedure as it pertains to NPDES Permit NCS00312. 10CH 1028_I1$ www.heritage-enviro.com (,,.:)HERITAGE ENVIRONMENTAL SERVICES Ms. Coleen Sullins January 14, 2011 Page 2 Assuming the above -described acquisition closes on the expected closing date of March 15, 2011, this notice is being submitted within the thirty -day notice period described in 40 C.F.R. §122.61(b)(1). Based on the foregoing, Heritage requests that all duties related to the NPDES Permit be transferred to DART as of the Closing Date; unless Heritage and/or DART notify the NCDENR that the acquisition has been delayed or cancelled. During this period of transition, please send any correspondence pertaining to the transfer of the NPDES permit to both Heritage and DART at the following addresses: Heritage Environmental Services, LLC 7901 West Morris Street Indianapolis, Indiana 46231 Attention: Craig Hogarth Erik Bomireto DART Acquistions, LLC 8647 Lyndon Street Detroit, Michigan 48238 Please feel free to contact me by electronic mail at craip.hoparth@heritage-enviro.com or by telephone if you have any comments, questions, or require further information. Enclosure CC'. E. Bomireto, DART J. Kreger, DART C. Maheu, LAN D. Edwards, INI File 10C H 1028_I16 Sincerely, Heritage Environmental Services, LLC Craig G. Hogarth Director of Safety & Compliance www. heritage- enviro.com NPDES PERMIT TRANSFER AGREEMENT This NPDES Permit Transfer Agreement (the "Agreement') is made and entered into this 10 day of January 2011, by and between Heritage Environmental Services, LLC ("Heritage"), an Indiana limited liability company and DART Acquisitions LLC ("DART"), a North Carolina limited liability company. On December 17, 2010, Heritage entered into an Asset Purchase Agreement where Heritage intends to transfer certain assets to DART. The assets being transferred include assets and operations at the hazardous waste storage facility located at 4132 Pompano Road, Charlotte, North Carolina 28216, for which Heritage currently holds NPDES Permit No. NCS000312 ("Permits) issued by the North Carolina Department of Environment and Natural Resource ("NCDENR"). Subject to regulatory approvals and other conditions, the asset transfer for this facility is expected to close on March 15, 2011 CClosing Date"). Effective as of the approval of the transfer of this Permit by the NCDENR or the Closing Date, whichever occurs later, the undersigned agree that responsibility, coverage, and liability for the Permit, as relating to matters that are incurred and that are to be performed from and after the time of the transfer, are to be transferred from Heritage to DART. As of the transfer of this Permit, Heritage will relinquish responsibility for the Permit, and DART will undertake and assume permit responsibility, coverage, and liability for the Permit. Ddring this period of transition, please send any correspondence pertaining to the transfer of the Permit to both Heritage and DART at the following addresses: DART: Heritage: DART Acquisitions, LLC Heritage Environmental Services, LLC 8647 Lyndon Street 7901 West Morris Street Detroit, Michigan 48238 Indianapolis, Indiana 46231 Attention: Erik Bomireto Attention: Craig Hogarth Heritage and DART have caused this Agreement to be executed by their duly authorized representative as of the day and year first above written. DART ACQUISITIONS, LLC By: Name: x4I,roTo Title:1a5:�u�5"_ Address: 8647 Lyndon Street Detroit, Michigan 48238 10CH1029_I18 HERITAGE ENVIRONMENTAL SERVICES, LLC By: 1Ac Name: B l k g C. �A ""y l Title: Address: 7901 West Morris Street Indianapolis, Indiana 46231 Sprinkle, Dina From: Bennett, Bradley Sent: Monday, February 28, 2011 3:13 PM To: Hogarth, Craig Cc: Karoly, Cyndi; Sullins, Coleen; Sprinkle, Dina Subject: RE: Permit Transfer - Heritage Environmental Services, LLC, Charlotte NC - NCS000312 Categories: Hold Mr. Hogarth, We received your request. Our process for transfer of permits only takes place after the process is completed and legal documentation is available for the changes. Below is a link to our website that contains the forms for a name/ownership change. This details the information needed for our processing of the name/ownership change request in addition to the form itself. If you can fill out the form and return it along with the needed legal documentation of the changes, we can handle the change request. http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-22 The form is third from the bottom on the site above. Thank you. Bradley Bennett Stormwater Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6378 Fax: (919) 807-6494 Email: bradley.bennett(@ncdenr.8ov (New Email Address) Web: http://Portal.ncdenr.org/web/wg/ws/su Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sullins, Coleen Sent: Friday, February 25, 2011 1:44 PM To: Hogarth, Craig Cc: Bennett, Bradley; Karoly, Cyndi Subject: RE: Permit Transfer - Heritage Environmental Services, LLC, Charlotte NC - NCS000312 Mr. Hogarth - I am forwarding your email to Bradley Bennett who is responsible for managing our Stormwater Program and asking him to provide you with a response as to the status of your request. Bradley - please provide a response by Monday 2/28. Thank you. Coleen H. Sullins, Director Division of Water Quality Phone: 919/807-6357 *********************************************************************************** Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. *********************************************************************************** From: Hogarth, Craig Lmailto:Craig.Hogarth@heritage-enviro.comI Sent: Friday, February 25, 2011 12:47 PM To: Sullins, Coleen Subject: Permit Transfer - Heritage Environmental Services, LLC, Charlotte NC - NCS000312 Ms. Sullins, 2 I am emailing you to see if there is an update on the progress of transferring the permit as described in the attached letter. We are currently proceeding along on this transaction, but have not heard anything from DWQ. Please advise me when you have a moment. Thanks. Craig Hogarth Director of Safety & Compliance Heritage Environmental Services, LLC 7901 West Morris Street Indianapolis, Indiana 46231 0 3 - A&I A Q= -..-.. A A= .. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 17, 2009 Ms. Janet Williams, Compliance Manager Heritage Environmental Services, LLC 4132 Pompano Road Charlotte, NC 28216 Subject: Compliance Evaluation Inspection Heritage Environmental Services, LLC Stormwater Permit Number COC NCS000312 Mecklenburg County, NC Dear Ms. Williams: Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report for the inspection conducted at the subject facility on March 10, 2009, by Mr. Ron Eubanks of Charlotte -Mecklenburg Storm Water Services (CMSWS). This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. Thank you for your assistance and cooperation during the inspection. Overall, the facility's Stormwater program was well developed and implemented and this Office commends the permittee's efforts to ensure compliance with your NPDES permit. The enclosed report should be self-explanatory; however should you have any questions concerning this report or have any questions regarding your permit, please do not hesitate to contact Ms. Marcia Allocco of this Office at (704) 663-1699. Sincerlz l ... ,.~� for Robert B. Krebs Regional Supervisor Surface Water Protection Section Mooresville Regional Office Enclosure cc: NPS-ACO Unit Rusty Rozzelle, Mecklenburg County Craig Miller, City of Charlotte Mooresville Regional office Location: 610 East Center Ave.. Suite 301 Mooresville, NC 28115 One Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 North Carolina Internet: www,ncwaterquality.org �atu�a!!� An Equal Opportunity 4 Affirmative Action Employer— 50% RecycledllO% Posl Consumer paper f L Permit: NCS000312 SOC: County: Mecklenburg Regjon: Mooresville Compliance Inspection Report Effective: 05/01/02 Expiration: 04/30/07 Owner: Heritage Environmental Services LLC Effective: Expiration: Facility: Heritage Environmental Ser 4132 Pompano Rd Contact Person: Chris Alvis Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Charlotte NC 28216 Title: Phone: 704-392-6276 Certification: Phone: Inspection Date: 03110/2009 Entry Time: 10:00 AM Exit Time: 11:45 AM Primary Inspector: Water Quality Program Meckenburg County Phone: 704-336-5449 Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm Water (See attachment summary) Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000312 owner - Facility: Heritage Environmental Services LLC Inspection pate: 03/10/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Facility Description: Heritage Environmental Services is a permitted treatment, storage, and disposal facility. The facility is licensed and permitted to treat and store a wide variety of hazardous and non -hazardous wastes and oils. Compliance History: An oil spill occurred on the property on August 30, 1998. Records indicate that approximately 500 gallons of non -hazardous oil sludge spilled from a railcar on the rail spur on the south side of the property. The spilled oil sludge was recovered from the gravel and placed into containers for disposal or pumped back into a railcar. The oil spill was reported to NCDENR. Industrial Operations/City of Charlotte Stormwater Ordinance Review: No housekeeping problems were identified during the inspection. Page: 2 Permit: NCS000312 Owner - Facility: Heritage Environmental Services LLC Inspection Date: 03/10/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ 0 # Does the Plan include a General' Location (USGS) map? ■ n n ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ n Cl # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ 0 ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ n ❑ n # Has the facility evaluated feasible alternatives to current practices? ■ Cl ❑ n # Does the facility provide all necessary'secondary containment? ■ ❑ Cl ❑ # Does the Plan include a BMP summary? ■ n ❑ n # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ n Cl ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ 0 n Cl # Does the facility provide and document Employee Training? ■ ❑ n ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ n 0 Cl # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ 0 ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ 0 n 0 Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ n ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? In n ■ o # Has the facility conducted its Analytical monitoring from Vehicfe Maintenance areas? ❑ Cl ■ ❑ Comment: No vehicle maintenance is performed at the site. Permit and Qutfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ n n n # Were all outfalis observed during the inspection? ■ n ❑ n # If the facility has representative outfall status, is it properly documented by the Division? ❑ 0 ■ n # Has the facility evaluated all illicit (non stormwater) discharges? ■ n ❑ n Comment: Page: 3