State of Wisconsin DEPARTMENT OF NATURAL RESOURCES Service Center Scott Walker, Governor 625 E. county Road Y, Suite 700 Cathy Stepp? Secretary Oshkosh WI 54901-9731 Telephone 608-266-2621 WISCONSIN Toll Free 1?888?936-7463 ACCESS via relay 711 DEPT. OF NATURAL RESOURCES July 19, 2017 Peggi Hall, Registered Agent Certified Mail Return Receipt Container Life Cycle Management, LLC Casetrack 6930 6th Street Milwaukee County Oak Creek, Wisconsin 5315Ar Corporation, Registered Agent Greif, Inc 301 S. Bedford Street, Suite 1 Madison, Wisconsin 53703 Timothy Higgins Mid?America Steel Drum Company, Inc. 8570 5 Chicago Road Oak Creek, Wisconsin 53154 Mike Higgins 17H, LLC 8570 Chicago Road Oak Creek, Wisconsin 53154 Subject: NOTICE OF VIOLATION ENFORCEMENT CONFERENCE August 16, 2017 Dear Ms. Peggi Hall, Corporation, Mr. Timothy Higgins, and Mr. Mike Higgins: The Department of Natural Resources (department) has reason to believe Container Life Cycle Management Inc (CLCM), Greif Inc (Greif), Mid?America Steel Drum Company Inc (MASD), and 17H LLC (17H) are in violation of Wisconsin?s industrial storm water laws. The violations are based on inspections conducted by the department on February 24, February 28, March 2, May 1, and May 23, 2017. Four industrial locations are subject to this Notice of Violation: - 2300 Cornell Street, Milwaukee, Milwaukee County, Wisconsin (Cornell St Site) At the Cornell St Site, CLCM processes washes totes (typically 275 and 330 gallon totes). CLCM is an indirect joint venture subsidiary of Greif, of which Greif is the principal and majority owner. On March 28,2017, MASD submitted a no exposure certification for the Cornell St Site. 0 3950 Avenue, St. Francis, Milwaukee County, Wisconsin Ave Site) ?At the Ave Site, CLCM processes washes drums. The air scrubber discharges to the roof drain system and ultimately to waters of the state. CLCM is an indirect joint venture subsidiary ofGreif, of which Greif is the principal and majority owner. On March 28, 2017, MASD re-submitted a no exposure certification for the Ave Site. dnr.wi.gov pmmeo wisconsineov Naturally WISCONSIN Qgrp?zscw Container Life Management Greif Inc; Mid-America Steel Drum Inc, and 17H LLC July 19, 2017 Page 2 of 6 2529 Norwich Avenue, St. Francis, Milwaukee County, Wisconsin (Norwich Ave Site) The Norwich Ave Site is permitted under the authority of a Tier 2 Industrial Permit, Wisconsin Pollutant Discharge Elimination System permit number (Tier 2 Permit), issued to MASD. Continued coverage under the Permit was most recently conveyed to MASD on June 17, 2016. 17H operates a warehouse facility at the Norwich Ave site. 0 8570 Chicago Road, Oak Creek, Milwaukee County, Wisconsin (Chicago Rd Site) The Chicago Rd Site is permitted under the authority of a Tier 1 Industrial Permit, Wisconsin Pollutant Discharge Elimination System permit number (Tier 1 Permit), issued to MASD . Continued coverage under the Permit was most recently conveyed to MASD on June 17,2016. CLCM operates a drum reconditioning facility at the Chicago Rd Site. CLCM is an indirect joint venture subsidiary of Greif, of which Greif is the principal and majority owner. The department alleges the following violations: Cornell St Site: DISCHARGE OF STORM WATER WITHOUT A PERMIT (MASD CLCM Greif) 1. Section Wis. Stats. states an owner or operator shall obtain a permit under this section for a discharge from a discernible, confined, and discrete conveyance of storm water associated with an industrial activity that meets criteria in rules promulgated by the department. Section NR Wis. Adm. Code states Tier 2 categories include manufacturing facilities defined by SIC Code 3412. Section NR 216.22, Wis. Adm. Code states the owner or operator of a facility type listed in 5. NR Wis. Adm. Code shall apply for a storm water discharge permit unless the owner or operator is eligible for a conditional "no exposure" certification. During the February 24, 2017 inspection, the department determined CLCM Greif operated a tote washing facility from the Cornell St Site. Incoming totes are stored outside prior to processing processing approximately 80 totes day. Approximately 100 totes were stored outside waiting for processing (washing). Storm water flows from the south to the north/northwest. A defined, discrete hole was cut into the bottom of the metal fencing on the northern edge of the property. The hole was discernible and located in an area of the fence where storm water runoff would be allowed to discharge from the Cornell St Site. Mr. Nash, a representative for CLCM, stated that there were no storm water permits for the site. On March 21, 2017, the department requested CLCM identify the Standard Industrial Classification (SIC) code associated with its operations at the Cornell St Site. In a March 29, 2017 letter, attorney wrote that the North American Industry Classification System (NAICS) code 332439 defines the activities primarily at the Cornell St Site. A 2012 NAICS to SIC Crosswalk indicates a NAICS 332439 code equates to a 3412 SIC code (Metal, Barrels, Drums, and pails). SIC code 3412 indicates a facility should be covered under a Tier 2 industrial storm water permit unless eligible for a conditional no exposure certification (NEC). On March 28, 2017, MASD submitted a NEC for Exclusion from WPDES Industrial Storm Water Permitting for the Cornell St Site. The department conducted an inspection on May 1,2017 to verify if the Cornell St Site qualified for the conditional NEC. On that date, the department observed storm water discharging off-site through the above mentioned hole in the fence. Plastic totes and waste material were no longer stored outside. However, a Container Life Management Greif Inc; Mid-America Steel Drum Inc, and 17H LLC July 19, 2017 Page 3 of 6 few large pieces of industrial machinery and metal I-beams were outside and exposed to storm water. A facility is not eligible to receive NEC if any industrial activities or materials that contain pollutants are exposed to storm water runoff. The department is denying request for NEC (see attached). A search of the department?s database confirms the Cornell St Site does not possess a Tier 2 storm water permit. Ave Site: DISCHARGE OF STORM WATER WITHOUT A PERMIT (MASD CLCM /Greif) 2. Section Wis. Stats. states an owner or operator shall obtain a permit under this section for a discharge from a discernible, confined, and discrete conveyance of storm water associated with an industrial activity that meets criteria in rules promulgated by the department. Section NR Wis. Adm. Code states if circumstances change and industrial materials or activities become exposed to storm water, the conditions for this exclusion no longer apply. The discharge then becomes subject to enforcement as an unpermitted discharge. Any conditionally exempt discharger who anticipates changes in circumstances shall submit a notice of intent to the department 14 or more working days prior to the change of circumstances and in accordance with 5. NR 216.22, Wis. Adm. Code. During the February 24 and 28, 2017 inspections, the department determined CLCM Greif operated a drum washing facility from the Ave Site. The majority ofthe operations appeared to be located under cover with the exception ofan open roll-off box storing processed metal drums and a waste compactor. Additional observations included shredded plastic on the ground, drums in open trailers exposed to precipitation, equipment stored outside, and scrubber condensate discharged to the roof drains that are connected to, and discharge to, the storm sewer system. On August 29, 2011, MASD submitted a NEC for Exclusion from WPDES Industrial Storm Water Permitting for the Ave Site. The department granted the NEC. On March 28, 2017, MASD submitted an updated NEC for Exclusion from WPDES Industrial Storm Water Permitting for the Ave Site. The department conducted an inspection on May 23, 2017 to verify if the Ave Site qualified for the conditional NEC. During the inspection, MASD stated that the spent scrubber liquid continued to discharge to the facility?s roof and through a roof drain. The department conducted a dye test of the roof drain system and confirmed that the roof drain discharged to the storm sewer system and ultimately to waters of the state. In addition, the department observed fresh oil staining in the loading dock area; the open roll-off box had been replaced with a closed roll?off box; fluid was draining from the compactor; and piles of a rust-colored powdery substance were accumulating by the compactor. A facility is not eligible to receive NEC if any industrial activities or materials that contain pollutants are exposed to storm water runoff. Therefore, the department is denying request for NEC (see attached). A search of the department?s database confirms the Ave Site does not possess a Tier 2 storm water permit. Container Life Management Greif Inc; Mid-America Steel Drum Inc. and 17H LLC July 19, 2017 Page 4 of 6 Norwich Ave Site: STORM WATER POLLUTION PREVENTION PLAN (17H MASD) 3. Sections 5.1.1 and 5.1.3 of the Tier 2 Permit, Wis. Stats. states an owner or operator of a facility requiring coverage under this permit shall prepare a Storm Water Pollution Prevention Plan The shall be kept at the facility and made available to the department for inspection and copying upon request. Section NR Wis. Adm. Code states the shall be kept at the facility and made available to the department upon request. 17H operates a warehouse storage facility at the Norwich Ave Site. MASD purchased Kitzinger Cooperage Corporation in July 2011 and requested a notice of transfer of the Tier 2 Permit on August 17, 2011. The department granted transfer of coverage and name change on August 23, 2011. MASD submitted a notice of intent to the department on August 25,2011. Continued coverage under the reissued Tier 2 Permit was conveyed to MASD on June 17, 2016. On February 28, 2017, the department inspected the Norwich Ave Site. During the time of the inspection, the department asked Mr. Mike Higgins to make available the Mr. Mike Higgins stated he did not have a for the Norwich Ave Site. The department noted outside storage of industrial equipment and materials, 55-gallon drums stacked outside and exposed to precipitation, tote cages stacked outside and exposed to precipitation, and storm water flow paths discharging to a storm water system inlet and adjacent property. Chicago Rd Site: SOURCE AREA CONTROL REQUIREMENTS MASD CLCM Greif) 4. Section 2.10 of the Tier 1 Permit, Wis. Stats. states all permittees shall comply with the following minimum source area control requirements. Source area controls shall be utilized to prevent storm water from becoming contaminated at the facility. Including, but not limited to: Section 2.10.1 of the Tier 1 Permit Minimize exposure of pollutants associated with the potential sources of storm water contamination identified in section 3.3.2.4 of this permit. Section 2.10.2 of the Tier 1 Permit Use good house-keeping measures such as sweeping, appropriate storage, and proper management of waste materials and dumpsters/compactors. Section 2.10.3 of the Tier 1 Permit Maintain both structural and non-structural control measures, institute preventive maintenance for vehicles and equipment, and perform routine visual inspections. Section NR Wis. Adm. Code states the shall contain, at a minimum, the following provisions: the shall rely to the maximum extent practicable, and to the extent it is cost effective, on the use of source area control best management practices that are designed to prevent storm water from becoming contaminated at the Site. Container Life Management Greif Inc; Mid?America Steel Drum Inc, and 17H LLC July 19, 2017 Page 5 of 6 CLCM Greif operate a drum reconditioning facility at the Chicago Rd Site. MASD has been permitted under a Tier 1 Storm Water Permit for the Chicago Rd Site since 1992. Continued coverage under the reissued Tier 1 Permit was conveyed to MASD on June 17, 2016. On February 24 and March 2, 2017, the department inspected the Chicago Rd Site. During the time of the inspections, the department observed in the northeast corner of the site a concentrated flow of storm water runoff leaving the site. Water clarity was opaque and there was a buildup of fines both off site and on the paved and grass areas. At the barrel reclamation start point, buildup burnt residue covered the conveyor mechanism and potential exists for the material to be knockedto the concrete below and make contact with storm water runoff. At the rejected barrel exit area, a belt conveys the material into a roll-off box. The belt and surrounding concrete contained an unknown ask like substance. The Chicago Rd Site is required to have source area controls to prevent storm water from becoming contaminated and leaving the Chicago Rd Site. No source area controls were implemented in the areas of concern described above. We have scheduled the following Enforcement Conference to discuss this matter in more detail: Conference Date: Wednesday August 16, 2017 Conference Time: 1:30 pm. Location: DNR Milwaukee Service Center 2300 Dr Martin Luther Kinng Drive Milwaukee, WI We request you attend the Enforcement Conference as it is an important opportunity to discuss the circumstances surrounding the alleged violations and to learn your perspective on this matter. Please note that in an effort to encourage a candid and productive conversation, attendance is limited to you, your legal counsel, and others with the technical expertise necessary to understand, evaluate and correct the violations. The department?s enforcement decision will be based upon available information if you do not attend the Enforcement Conference. Violations of the Tier 1 Permit, Tier 2 Permit, and ch. NR 216, Wis. Adm. Code are enforced through 5. 283.89 and 283.91, Wis. Stats, and may be referred to the Department ofJustice to obtain court ordered compliance and penalties of up to $10,000 for each day of violation. If you have questions, please contact me at (920) 360-1938. Sincerely, . . 1 Anne Van Grinsven Environmental Enforcement Specialist Enclosures Enforcement Conference Information Sheet February 24,2017 Inspections Cornell St Site, Ave Site, and Chicago Rd Site February 28,2017 Inspections - Ave Site and Norwich Ave Site March 2, 2017 Inspections? Chicago Rd Site May 1, 2017 Inspections Cornell St Site Container Life Management Greif Inc; Mid-America Steel Drum Inc. and 17H LLC July 19, 2017 Page 6 of 6 May 23, 2017 Inspections Ave Site Denial Letters Cornell St Site and Ave Site cc: Jamie Lambert? Milwaukee Kevin Meyer, Plant Manager (Milwaukee and Oak Creek Facilities) CLCM, LLC, 2300 Cornell Street, Milwaukee, WI 53209 Mark Furgason, Plant Manager CLCM, LLC, 3950 Ave, St. Francis, W153235 Ole Rosgaard, VP Greif, lnc., 366 Greif Parkway, Delaware, Ohio 43015 Linda Benfield Foley Lardner, 777 East Wisconsin Ave, Milwaukee, WI 53202-5306 Patrick Kuefler, Chief? EPA Region 5, Water Enforcement and Compliance Assurance Branch, 77 West Jackson Blvd., Chicago, IL 60604?3507 Environmental Enforcement Conference An Enforcement Conference (EC) is a meeting between Department of Natural Resources (Department) staff and representatives of a person or business that the Department believes has violated an environmental law. The Department issues a Notice of Violation (NOV) when it has reason to believe that a violation of a permit condition, administrative rule or statutory requirement has occurred. The NOV either offers or schedules an EC. Why Should I Attend? The EC is an important opportunity to discuss the Department’s basis for the alleged violation(s) and learn more about what happened, why it may have happened, and any factors you believe the Department should consider, such as steps that have been or will be taken to stop the violation, correct any effects of the violation, and prevent violations from occurring in the future. It is also your opportunity to explain why you might disagree with the factual and legal conclusions underlying the NOV. Historic data shows that most violations are resolved at the EC level, without the need for court ordered compliance and/or penalties. In situations where the significance of the violation warrants further enforcement action, your cooperative efforts to resolve the violation and prevent future violations will help minimize your legal and financial liability. Who Should Attend the EC? Department staff involved in the EC typically consists of an Environmental Enforcement Specialist and regulatory staff that are familiar with the issues identified in the NOV. While not required, you may seek representation by legal counsel or the assistance of an environmental consultant to prepare for and/or attend the EC. The EC is most productive when all involved are well-prepared to discuss the allegations and any corrective actions that may be necessary. To ensure a productive candid discussion, participation in the EC is limited to the person or business involved and others with the legal or technical expertise necessary to understand, evaluate, mitigate and correct the violation. The EC is not an open meeting under state law and the Department will limit participation to those directly involved in the resolution of the matter. What Happens if I don’t Attend the EC? If a party is unable to attend the EC, they should immediately contact the Environmental Enforcement Specialist at the phone number in the NOV to reschedule. When a party refuses to attend the EC and provides no further information to the Department, the Department’s enforcement decision will be based upon available information. What Happens Following the EC? The EC is part of the Department’s stepped enforcement process. At the EC, Department staff will explain the process and options available to address the alleged violation. Generally, the options range from closing the matter with no further action to referral to the Wisconsin Department of Justice (DOJ) or to U.S. EPA, for further enforcement action. In limited circumstances, the Department can issue citations, which are handled in local court similar to traffic offenses. If a case is referred to DOJ, the DOJ may initiate an action in court on behalf of the State. The State typically asks the Court to impose financial penalties and order completion of any necessary corrective actions. In most of the Department’s cases, a cooperative return to compliance with any necessary restoration results in close out of the case. At close out, the Department will send a letter advising of no further enforcement action. CASE ACTIVITY REPORT FOR REGULATORS State 0fWisconsin Department of Natural Resources Case ID Case Title Mid-America Steel Drum 2300 W. Cornell St, Milwaukee, WI Activity Date of Activity Multi-agency/ multi-program facility inspection Friday February 24, 2017 USEPA, USDOT, and WDNR personnel arrived shortly before 9:00am on the morning of February 24, 2017 to perform ajoint compliance inspection of the Mid-America Steel Drum Company, lnc. facility located at 2300 Cornell Street, Milwaukee, WI. The group congregated on .23rd St, and at approximately 9:00am, USEPA personnel rang a buzzer designated for visitors located on southeast side of the facility. A gate opened allowing the group to approach the entrance door on the east side of the facility. The group was met at the door initially by Attorney Linda Benfield of Foley and Lardner LLP. She introduced us to Rodney Nash, Mid America (GREIF). Nash was identified as the supervisor for the Cornell St. facility. Nash stated he worked at the facility for approximately 5 years, and was a supervisor since July 2016. Amanda Beggs, Foley and Lardner, also met the group. The group initially met in the facility kitchen to discuss the purpose of the meeting and to obtain a general understanding of the facilities process, operations, and activities. Nash answered questions from USEPA, USDOT and WDNR staff for approximately an hour. Nash explained the facility processed plastic and metal totes (typically 275ga and 3309al). Nash clarified that the number of semi-trailers arriving each day was not known, and there was usually no advanced notice of shipment arrival. Nash stated the totes were non-hazardous, but may contain flammables or corrosive material. Nash said incoming totes were stored outside prior to processing when the facility had excess totes to process. Nash stated the facility processed approximately 80 totes/day, typically working Monday through Thursday from 6:00am to 4:30pm. When asked if a facility site diagram showing wastewater and stormwater systems were available, Nash pointed to an emergency exit diagram on the wall. Nash later clarified that a facility site diagram showing the stormwater and wastewater systems did not exist. Nash stated that he was not aware of an industrial stormwater permit for the site, and he was not aware of any other storm water?related information for the site. Nash did not know the Standard Industrial Code (SIC) for the facility, and Benfield indicated that Mid?America would provide the information. Nash led the group through the facility answering additional questions. No totes were being vacuumed or washed at the time of this inspection. Benninghoff observed three Main Wash tanks, which were covered and vented outside to the east side of the facility. The group inspected the surface lot located on the west side of the facility. Benninghoff observed more than 100 totes stored outside, some stacked five high. Benninghoff also observed a lugger box containing scrap/garbage materials. The general storm water flow path in the surface lot on the west side of the facility appeared to flow over the lot, generally from the south to the north/northwest. A defined, discreet hole approximately 6 inches high and 15 inches wide was cut into the bottom of the metal fencing on the northern edge of the property. The fencing separated the surface lot from a railroad corridor immediately to the north of the property. The hole was located in an area of the fence where the flow appeared to concentrate, but no discharge from the surface lot was observed at the time of the inspection. Wetland plants were observed in the railroad corridor. Benninghoff departed from the facility at approximately 11:45am. Regulator Reporting Date of Report Exhibit Reference Benjamin Benninghoff, Watershed Management March 1, 2017 State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT Project Location: Mid-America Steel Drum Co. 2300 W. Cornell St., Milwaukee, WI 53209 Contact: Rodney Nash, Supevisor Known Resources: Nearest waterway: Lincoln Creek Milwaukee River Basin Weather: 40o F Cloudy, periods of light drizzle Purpose of Inspection: Industrial Stormwater Multi-media Inspection Others Present: Brooke Yanke 1 Looking NW from Overhead Door located on the W side of the facility 2 Looking S standing immediately to the W of the overhead door located on the W side of the facility. Inspected By: Benjamin Benninghoff February 24, 2017 State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT 3 Looking N standing near the property gate located in the SW corner of the property. Surface lot on the W side of the facility is generally sloped to the N and NW of the property. 4 Example of a totes stored outside waiting for processing (cleaning, inspection) and associated placards/signage 5 Discharge location at NW corner of property. Discharge from the surface lot on the W side of the facility is channeled through a discreet, confined outlet cut into the metal fencing. Inspected By: Benjamin Benninghoff February 24, 2017 State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT 6 Looking N standing in the surface lot located on the W side of the facility. General slope of the surface lot is to the N and NW. Discharge point is located via the green star. 7 Standing near NW corner of property near discharge location looking to the S. . 8 Standing on the E side of the totes stored in the surface lot on the W side of the facility. Looking N towards the property line. Inspected By: Benjamin Benninghoff February 24, 2017 State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT 9 Standing near property line on E side of totes stored in the surface lot located on the W side of the facility. Looking N to adjacent property, which appears to be a railway corridor. Inspected By: Benjamin Benninghoff February 24, 2017 CASE ACTIVITY REPORT FOR REGULATORS State ofWIsconsin Department of Natural Resources DNR Multi-Program Facility Inspection Case ID Case Title Mid-America Steel Drum 3950 8 Ave St Francis WI 53235 Activity Date of Activity Friday February 24, 2017 WDNR stormwater personnel entered the facility at approximately 1:00 PM with WDNR representatives from other programs (air, wastewater, hazardous waste), and met with the facility manager (Ferguson) and an attorney representing the facility (Sarah Slack, Foley Lardner). Mr. Ferguson provided an overview of the facility and then led a tour of the facility operations. My observations speci?c to industrial storm water discharges were as follows: 0 The majority of operations at the facility appear to be located under cover with minimal exposure to rainfall and runoff with the exception of a roll-off box storing processed metal drums and a recycling/trash compactor. 0 To qualify for no exposure certi?cation, the crushed drum roll-off box and compactor should be covered. At the conclusion of the tour, WDNR stormwater personnel provided some preliminary comments and coordinated information requests with Mr. Ferguson and Ms. Slack based on observations made during the tour. Regulator Reporting Date of Report Pete Wood, DNR Storm Water Engineer Tuesday February 28, 2017 Exhibit Reference Wood SW Photos State of Wisconsin Department of Natural Resources STORM WATER INSPECTION PHOTOS 1 Mid-America Steel Drum 3950 S Pennsylvania Ave St Francis WI 53235  Crushed drum dumpster. 2 Mid-America Steel Drum 3950 S Pennsylvania Ave St Francis WI 53235  Recyclable compactor. 3 Mid-America Steel Drum 3950 S Pennsylvania Ave St Francis WI 53235  Inspected by: Wood Drum unloading area. Inspection Date: 02/24/2017 State of Wisconsin Department of Natural Resources INSPECTION PHOTOS 4 Mid-America Steel Drum 3950 S Pennsylvania Ave St Francis WI 53235  On-site storm sewer inlet. 5 Mid-America Steel Drum 3950 S Pennsylvania Ave St Francis WI 53235  Inspected by: Wood Trailer storage area. Inspection Date: 02/24/2017 CASE ACTIVITY REPORT FOR REGULATORS Slate 0fWisconsin Department of Natural Resources Case ID Case Title Mid-America Steel Drum 8570 8. Chicago Road Oak Creek, WI Activity Date of Activity Multi?agency multi?program facility inspection Friday February 24, 2017 The following WDNR staff met on site at 9:00am; Mike Griffin (Air), Mike Ellenbecker (Solid/Hazardous Waste), Tim Ryan (Waste), Jamie Lambert (Storm Water) and Michelle Norman and Eric Amadi We entered the facility shortly thereafter, and Mike Griffin requested the presence of Mike Higgins (CFO Mid America) after all attendees had signed in the visitors log book. The receptionist stated that Mr. Higgins was at the Cornell facility, and would not be on site for at least 1 hour. We inquired as to whether there was someone else present that could show us around the facility. At 9:35am, the receptionist returned with the operations manager, Kevin Meyer. Kevin asked WDNR staff to sign in on a notebook he produced. We discussed the facility operations, and Kevin explained that Mid-America?s Oak Creek facility only processes open?headed steel drums through a burning process, and that drum washing occurs at Mid-America?s St. Francis facility. Each of investigator identified their area of focus. Specifically, the focus of the storm water program was related to areas that contained raw or processed materials exposed to the elements, and any areas where storm water could impact waters of the State. Mike Higgins and Mike Flanagan of Foley and Lardner arrived around 10:00am. The facility was not processing barrels during this visit due to the thermal insulation within the drum reclamation furnace afterburner needing replacement. We saw a handful of employee?s onsite performing house cleaning activities and material sorting within the plant. The group proceeded to tour the facility in the following order; starting with the semi?trailer staging yard, mechanics shop, maintenance building, barrel reclamation furnace, outside paint drum coatings, training and cafeteria, inside drum coating, drum load-in area, drum crushing, drum heavy reject area, and finally the drum reclamation line. Each represented program had various questions and were taking photographs. The Storm Water program's areas of concern was related to the barrel reclamation starting point, the rejected barrel exiting point, the area near the maintenance garage where runoff appears to channel to the east and proceed off site, and the area in the northeast corner of the facility across from the barrel reclamation starting point where there was concentrated runoff exiting the site next to the fence on the east side of the property. My observations specific to storm water runoff were as follows: a) in the northeast corner ofthe property along the fence across from the barrel reclamation start point, I observed a concentrated flow of storm water runoff leaving the site. Water clarity was opaque, and there was a buildup of fines (on either side of the flow) both off site and on the paved and grass areas on the property. b) Channelized flow appears to be heading off site to the east near the maintenance building south of the above aforementioned off site discharge. c) At the barrel reclamation start point, there appeared to be a buildup of burnt residue that covered the conveyor mechanism and potential exists for the material to be knocked to the concrete below and make contact with storm water runoff. d) The area where the rejected barrels exit the process after being burned and crushed has a belt that conveys the material into a large open lugger box. The belt and surrounding concrete contained an unknown ash like substance. When the inspection was completed, the group met in the conference room and each member debriefed the facility, including tentatively identifying any concerns related to their respective program. Mike Flanagan took notes as to the materials/information each program was requesting, and we agreed to follow-up with email requests for any additional information that was needed. WDNR representatives departed the facility at 12:05 PM. Regulator Reporting Date of Report Exhibit Reference Jamie Lambert- Watershed Management 02-28-2017 Elmir- State of Wisconsin INDUSTRIAL SITE INSPECTION REPORT WISCONSIN DEPT. OF NATURAL RESOURCES Department of Natural Resources Project Location: Mid America Steel Drum Co. 8570 S. Chicago Rd. Oak Creek WI Known Resources: Nearest waterway: Lake Michigan Purpose of Inspection: Multi-media Investigation WDNR: Mike Grif?n, Mike Ellenhecker, Tim Ryan, Eric Amadi, and Michelle Norman. Mid America Steel Drum: Mike Higgins, Kevin, Larry, and Attorney Mike Flanagan from Foley Lardner LLP Others Present: South end of trailer storage area, gravel lot. I South end of trailer storage area looking north towards facility Inspected By: Jamie Lambert February 24, 2017 FID No. 241021220 E44457. Wmsconsm DEPT. OF NATURAL RESOURCES State of Wisconsin Department of Natural Resources SITE INSPECTION REPORT 3 0 Looking north with maintenance building on the right Inspected By: Jamie Lambert - Start point for barrel reclamation . Barrel reclamation, barrel exit February 24, 2017 FE) No. 241021220 DEPT. OF NATURAL RESOURCES State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT 6 0 Maintenance building garage door entrance and surrounding area. Runoff appears to be channeling off site to the east. I Loading dock area on south end of facility West side of loading dock, roof drain pipe with heat wire inserted to keep water from freezing. Runoff was running clear, some staining in pipe but no odor detected. Inspected By: Jamie Lambert February 24, 2017 FE) No. 241021220 u- HAIUHAI. State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT . Barrel reclamation conveyor belt to lugger box. 10 Offsite discharge of storm water runoff in the northeast corner of the facility, water clarity-opaque. Recommendations/Follow-up Actions 1. Sample and test storm water runoff from noted offsite discharge areas and submit results to the WDNR 2. Install appropriate Best Management Practices to contain runoff. 3. Chemical monitoring of all outfalls for two years 4. Submit the following: a. Storm Water Pollution Prevention Plan b. Inspection Reports for the past 3 years c. All current or historical chemical monitoring results. 0 Weather Data for 02/24/2017 Average Mean Temperature 28? Precipitation 0.89 in. ?ri'rrl?inn n?l? nil-n inuncHr?rofinn Inspected By: Jamie Lambert February 24, 2017 No. 241021220 CASE ACTIVITY REPORT FOR REGULATORS State 0fWisconsin Department of Natural Resources Case ID Case Title Mid-America Steel Drum 3950 S. Ave. St. Francis, WI Activity Date of Activity Multi-agency multi-program facility inspection Tuesday, February 28, 2017 USEPA, USDOT, and WDNR personnel arrived at approximately 9:45am on the morning of February 28, 2017' to perform a joint compliance inspection of the Mid-America Steel Drum Company, Inc. (Mid?America) facility located at 3950 8. Ave, St. Francis, WI. The group initially met in an upstairs training room, and waited approximately 35 minutes until legal counsel (Foley Lardner) arrived. After some general questions and instruction, the inspectors requested to immediately inspect the facility. Mid?America representatives and legal counsel granted immediate access, and the group proceeded to the loading dock where steel drums were offloaded. While proceeding to the loading dock area, Benninghoff stated that he would also like to conduct a site visit at the Nonrvich Ave. facility. Mid-America representatives and legal counsel stated that Mid?America did not have responsibility for the Norwich Ave., so they were unable to grant access to the facility. Benninghoff observed an uncovered roll?off container that contained crushed 55-gal steel drums and other scrap material. Mark Ferguson, facility manager, confirmed the scrap drums were sent off-site for recycling since they could not be reused. Benninghoff noted the roll-off container was located on a gravel parking lot, and the roll-off container was not sealed. Benninghoff also observed a waste compactor in the gravel parking lot that was not sealed and was open and exposed to precipitation. Benninghoff observed shredded plastic on the ground next to the compactor. While the rest of the group continued to inspect the trailers at the loading Benninghoff, Paul Grittner (DNR program specialist, and Scott Bush (EHS representative from Greif) proceeded to inspect the parking lot where box trailers containing drums were stored. The box trailers were parked in the lot until they were moved to the loading docks when the drums were ready for processing. Benninghoff noted some of the trailers had the rear doors open. Benninghoff observed steel and poly- drums in some of the open trailers, and several trailers had ceilings and floors that were in disrepair. Benninghoff observed the placement of some of the drums in the trailers allowed for exposure to precipitation. Mike Higgins, representative of Mid?America, who met the group in the parking lot, later confirmed that the trailers were managed so the drums were not double-handled removed from trailers, set on ground for storage, then placed back into trailers when ready for processing), and the condition of the trailers were not of concern as long as the trailers could be moved. Higgins stated no protocol or operating procedure existed for inspecting trailers to determine their condition or whether they allowed the drums to be exposed to the elements precipitation). Additional observations made by Benninghoff include: . Poly-drum placed on the ground in the gravel parking lot . Outside quipment storage on the east end of the Ave. facility parking lot . Storage building (as confirmed by Higgins and Bush) on the east side of the Ave. property. Benninghoff did not observe any obvious spills or leaking of drums in the parking lot. Benninghoff attempted to move several of the drums stored near the open doors of three trailers. Benninghoff noted the drums were easy to move. At approximately 2:45pm, after Benninghoff, Grittner and Higgins returned to the Ave. facility from the Norwich Ave facility located across the street, Benninghoff accompanied Mike Griffin, DNR Air Management Engineer, and a Mid-America employee to the roof to examine the air scrubber system. Griffin stated he had observed scrubber condensate dripping from the system during previous inspections, and the wastewater could be caustic. The Mid?America employee stated the roof drains were connected to the storm sewer system, and indicated that the valve on the scrubber allowed the condensate to discharge to the rooftop because it needed to go somewhere. Benninghoff observed that condensate from the air scrubber was discharging to the roof drains. Benninghoff also observed staining on the rooftop that appeared to be associated with the air scrubber condensate and other vents. During the facility site inspection summary, Benninghoff told Mid?America representatives that the discharge from the air scrubber to the storm sewer system was not an allowable discharge under stormwater rules. Benninghoff stated that this type of discharge should be eliminated. Mid-America representatives agreed to look into the issue. Benninghoff departed from the facility at approximately 3:45pm. View inside of Roll-off Box Storage trailer - Drums exposed to pigeipitmtin 7 i Ave. storage facility peroprty Looking SW from near SS?galpoly drum in Ave. gravel lot facility Norwich Ave. property Facing Flow path in gravel parking lot Norwich Ave. Facing 55-gal steel drums stored in Norwich Ave. parking lot Air scrubber and roof drain at Ave. facility Additional staining on roo?op near air vent Air scrubber condensate dripping to rooftop Regulator Reporting Benjamin Benninghoff, Watershed Management Date of Report March 1, 2017 Exhibit Reference CASE ACTIVITY REPORT FOR REGULATORS Slate Department of Natural Resources Case ID Case Title Mid-America Steel Drum 2529 E. Norwich Ave. St. Francis, WI Activity Date of Activity Multi?agency/ multi-program facility inspection Tuesday, February 28, 2017 Benninghoff, Grittner and Higgins proceeded across the street from the Mid-America drum processing facility located on Ave. to the Norwich Ave. facility (former Kitzinger Cooperage facility) at approximately 1:15pm. Benninghoff explained to Higgins that the WDNR had permitted the Mid?America Norwich Ave facility as a Tier 2 industrial stormwater facility. Higgins stated the Mid?America did not own the property, but he was the owner, as listed under 17H, LLC. Higgins said Mid?America-owned box trailers were stored on the property, but 17H, LLC had a service agreement to receive, handle, store and dispatch the trailers and the drums inside of them. Higgins explained the facility on the property previously manufactured steel drums, but due to economies of scale, no longer conducted this activity. Higgins stated he was cleaning up and removing industrial equipment and materials from the property. Benninghoff asked Higgins if he could see a facility site plan that showed the drainage and stormwater practices. Higgins stated that a plan was not available. Benninghoff stated that the stormwater pollution prevention plan for the site should contain this information. Higgins said he did not have a stormwater pollution prevention plan forthe site. Benninghoff said he wanted to inspect the facility to determine drainage flow paths and outfalls. Similar to the parking lot at the facility, Benninghoff observed trailers in disrepair that contained drums. Benninghoff also made the following observations at the Nonrvich Ave. property: . Outside storage of industrial equipment and materials on the property exposed to precipitation. . 55-gal. drums stacked outside and exposed to precipitation. . Tote cages stacked outside and exposed to precipitation. . A stormwater flow path from the south/southeastern portion of the property to a stormwater system inlet on the southeast corner of the property, and several stormwater flow paths on the west side of the property flowing north discharging to the adjacent property. At approximately 2:45pm, Benninghoff, Grittner and Higgins returned to the Ave. facility. {tit "ill?. .. En'ii?l? all?. Norwich Ave. property Facing Tote cages steord in Norwich Ave. gravel parking lot Flow path in gravel parking lot Norwich Ave. Facing SS?gal steel drums stored in Norwich Ave. parking lot Regulator Reporting Date of Report Exhibit Reference Benjamin Benninghoff, Watershed Management March 1, 2017 CASE ACTIVITY REPORT FOR REGULATORS State of Wisconsin Department of Natural Resources Case ID Case Title Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 Activity Multi-Program Facility inspection Date of Activity Thursday March 2, 2017' I entered the facility at approximately 9:00 AM with USEPA and WDNR personnel representing other programs. We met with facility representatives (see attendance list) and were led a tour of the facility for several hours. My observations speci?c to industrial storm water discharges were as follows: I The facility does have a storm sewer system. Runoff ?ows across paved surfaces from west to east and discharges to the adjacent railroad corridor. There appear to be two primary storm water outfall locations. There is a de?ned swale at the southeast corner of the facility that functions as the outfall for approximately the south 2/3rds of the facility. The outfall location for the north 1/3rd of the facility is poorly de?ned but there are indications of a concentrated point of discharge located along the fence line near the drum burner. The majority of drum processing operation appeared to be located under cover with minimal exposure to rainfall and runoff. Process related materials and operations that were not located under cover include the following: A dumpster used for ash generated by the drum burning process. 0 A dumpster used for storage of crushed drums. A drum conveyor at the northeast comer of the drum burner. Other items that may be storm water related are as follows: 0 There was some discussion during the meeting regarding the diesel fuel tank and if secondary containment is required. a DNR wastewater personnel determined that the maintenance garage wash water holding tank had an over?ow pipe to the railroad corridor. However, there was no evidence that water has discharged from this pipe. At the conclusion of the tour, I provided the facility representatives with preliminary comments and a list of storm water permit related information that will be requested by DNR. Regulator Reporting Pete Wood, DNR Storm Water Engineer Date of Report Thursday March 2, 2017 Exhibit Reference Wood SW Photos lame-r .. . . .me QUKQQU - LQ 2/1654 (I IW - PI I+iIt8% L-.. . cm a; 3/1723? ir? - . @mw UVBIQIL. -.. (6246?? QM WWI-L ?Z?tgmerQ CIDI '1 . (M .- I5 @Z/u Ii? {Ii/715) ?21- ?73 my; a 1/ 11?1?? got} 1 .Kc-rzk- ?Qu?ljti 35,0? Gag? quhrw/or IomamPcIQ cIoI/ Oc??mer 3L: N: - Cari/77L 1532 (19m MIN ??lv~1 Ql?H/Ps?zit?? (10.1611 57219-6 Ia.4 CCJMI WWI-I {If Ma; (I: WMM 93? ?Lily . I I I State of Wisconsin Department of Natural Resources STORM WATER INSPECTION PHOTOS 1 Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Southeast corner of drum facility Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 South storm water outfall location Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Looking north between drum facility and maintenance garage Inspected by: Wood Inspection Date: 03/02/2017 State of Wisconsin Department of Natural Resources INSPECTION PHOTOS 4 Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Maintenance garage wash water holding tank Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 East side maintenance garage looking north Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 - Northwest comer of maintenance garage looking north Inspected by: Wood Inspection Date: 03/02/2017 State of Wisconsin Department of Natural Resources INSPECTION PHOTOS Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Storm water conveyance on north side of drum facility looking east 7 Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Storm water conveyance on north side of drum facility looking east Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Drum unloading dock Inspected by: Wood Inspection Date: 03/02/2017 State of Wisconsin De artment of Natural Resources INSPECTION PHOTOS Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Heavy drum storage area Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Looking northeast toward land?ll on adjacent property Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Looking north toward land?ll on adjacent property 12 Inspected by: Wood Inspection Date 03/02/2017 State of Wisconsin Department of Natural Resources INSPECTION PHOTOS 13 Mid?America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Northeast corner of drum facility near burner 14 Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Drum burner ash dumpster 15 Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 North storm water outfall location Inspected by: Wood Inspection Date: 03/02/2017 State of Wisconsin Department of Natural Resources INSPECTION PHOTOS 16 Mid-America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Drum crusher area 17 Mid?America Steel Drum 8570 Chicago Road Oak Creek WI 53154 0 Diesel fuel tank Inspected by: Wood Inspection Date: 03/02/2017 CASE ACTIVITY REPORT FOR REGULATORS State of Wisconsin Department of Natural Resources Case ID Case Titte Mid-America Steel Drum 2300 W. Cornell Street, Milwaukee WI Activity Date of Activity Industrial storm water site inspection Monday, May 1, 2017 Benjamin Benninghoff and Jamie Lambert arrived at the Cornell St. facility at 2:01pm, and proceeded to request permission to inspect the facility to conduct a no exposure inspection to verify if the facility qualified for the conditional no exposure exclusion based on the No Exposure Certification application submitted to the Department by Mid?America Steel Drum on March 29, 2017. Benninghoff and Lambert were greeted by Rodney Nash, facility manager. Nash requested that Benninghoff and Lambert wait while he called to get permission from a Mid America representative at the Oak Creek facility to allow DNR access to the property. Once approval was granted, Nash, Benninghoff and Lambert examined the surface lot on the east side of the facility to determine if industrial materials and activities were stored and exposed to stormwater. Benninghoff and Lambert noted the general stormwater flow path in the east surface lot was from south to the north, and discharged at the northeast corner of the property. Nash, Benninghoff and Lambert then proceeded into the facility, and exited to the surface lot on the west side of the facility through an overhead door. While examining the west surface lot, Benninghoff and Lambert made the following observations: 1. Stormwater runoff appears to flow from the south (location of Cornell St.) towards the north/northwest corner of the property. A metal fence is constructed along the northern property line. Several holes were cut into the bottom of the fence in the general location of the stormwater flow path, and a portion of the metal fence in the same general location was removed. Stormwater was discharging off?site through one of the holes and where a portion of the metal fence was removed. 2. Plastic totes and waste material luger box were no longer stored outside. 3. A few large unused pieces of industrial machinery and metal l?beams were sitting outside in the west lot, and were exposed to stormwater. The metal on this equipment was oxidizing. Nash stated that the holes in the metal fence appeared to have been created to allow water to flow through them. Nash said the plastic totes and luger box were removed so the no exposure exemption would apply to the facility, and it was not necessary for the totes to be stored outside. Benninghoff reminded Nash that if the facility were to plan to store the totes/luger outside in the future, Mid?America would need to contact the DNR to update their stormwater site map. Benninghoff and Lambert stated they did not need additional information to process the no exposure certification for the Cornell St.?Milwaukee facility, and their findings of no exposure applicability would be sent after they had completed their site visit to the Ave?St. Francis facility. Benninghoff and Lambert departed from the facility at 2:24pm. . 1? 1 SW flow path in west lot Discharge to through metal fence Industrial Equipment stored in west lot Regulator Reporting Date of Report Exhibit Reference Ben Benninghoff and Jamie Lambert? 05/01/2017 Watershed Management 1M5. State of Wisconsin De artment of Natur WW aI Resources Fin. . INDUSTRIAL SITE INSPECTION REPORT Project Location: Mid America Steel Drum Co. 2300 W. Cornell Street, Milwaukee WI Known Resources: Nearest waterway: Lincoln Creek Purpose of To verify No Exposure Certi?cation Inspection: quali?cation Others Present: Rodney Nash Mid America Steel Drum Co. Plant Supervisor Goggle'Earth I :ll? 0n the east side of the facility we noted runoff pooling toward the back of the property and running off towards the northeast corner. - Runoff entered the neighboring property to the east at the northeast corner of the facilities property. Inspected By: Jamie Lambert and Ben Benninghoff May 1, 2017 FID No. ll 4 5 I?ll" waswusul a nsnoFlmunALnrsouncts State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT 3 0 We entered the facility on the east side and noted that both the storage totes and the open luger box are now stored inside the building. 5 I i On the west side of the building we observed storm water runoff flow over the concrete to the northwest - corner of the property ?if; 7:53} I. -. g; i (123.; . i i3 0 Runoff was pooling in the northeast corner, we . if 1- .. observed quite a bit of debris and broken/rusting ?i ii" 5i, - industrial machinery sitting along the north fence line i .ii' i?i . at the back of the lot. i i a - fissi- Inspected By: Jamie Lambert and Ben Benninghoff May I, 2017 F10 No. State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT Inspected By: Jamie Lambert and Ben Benninghoff 6 I Looking toward the northwest corner at a large piece of broken/rusting industrial machinery. . Looking at the northwest corner towards the metal fencing lined with debris, we observed a rectangular section cut out of the fence along the bottom and were told it was for drainage purposes. 8 . We observed a large rusty metal cylinder sat along the back fence area. May I, 2017 F11) No. State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT I There were large rusting steel I-Beams piled along the west side of the building. . 10 . Old staining mixed with fresh petroleum residuals on the concrete in the loading dock area. Inspected By: Jamie Lambert and Ben Benninghoff May 1, 2017 FID No. CASE ACTIVITY REPORT FOR REGULATORS State Of Wisconsin Department of Natural Resources Case ID Case Title Mid-America Steel Drum 3950 8. Ave., St. Francis, WI Activity Date of Activity industrial storm water site inspection Tuesday, May 23, 2017' Benjamin Benninghoff and Jamie Lambert arrived at the Ave. facility at approximately 12:45pm. Several hours prior to arrival at the facility, Lambert contacted Mark Ferguson, facility manager, to inform Mid- America of DNR's intent to conduct a site inspection to verify the applicability of the No Exposure Certificate to the facility. Lambert also contacted the Melinda K. Dejewski, St. Francis City Engineer, prior to the site visit to request assistance from the City with storm sewer mapping and access to St. Francis' MS4. Benninghoff and Lambert waited in the lobby approximately 15 minutes for Ferguson to arrive. When Ferguson arrived, Benninghoff and Lambert explained that the purpose of the inspection was to determine if the No Exposure Certification was applicable to the facility. Benninghoff also asked Ferguson for the following information: a) storm sewer map for the facility, and b) verification of the discharge location of the spent scrubbing liquid. Benninghoff said that during the February 28, 2017 inspection Ferguson and Don Hansen stated that they believed the roof drains discharged to the storm sewer, but they were not exactly sure. Ferguson stated a storm sewer map had not been created, and the spent scrubber liquid continued to discharge to the facility?s roof and through a roof drain. Benninghoff stated that Lambert and Benninghoff planned to conduct a dye-test so the discharge location of the air scrubber spent scrubber liquid could be verified. Benninghoff informed Ferguson that the City of St. Francis may be assisting with the dye-test. Ferguson agreed to allowing Benninghoff and Lambert to conduct the dye-test. Ferguson, Benninghoff and Lambert proceeded outside around the east side of the facility to the loading dock area. Lambert noted fresh oil staining in the loading dock area. Once they arrived at the west end of the loading dock, Benninghoff and Lambert observed that the open roll?off box for metal scrap was replaced with a closed lugger box. Ferguson said the new lugger box was smaller based on the amount of scrap material they generated. Ferguson confirmed that he has not previously observed standing water in the location of the lugger box, and he believed the surface water in this area generally flowed from the north and west to the south and east, ultimately discharging towards the stormwater inlet in the driveway entrance area for the loading docks. Ferguson, Benninghoff and Lambert inspected the trash compactor area. Lambert and Benninghoff specifically noted that there was some fluid draining from the compactor, and a rust-colored powdery solids appeared to be coming from trash compactor and creating small piles. Ferguson stated he thought the small piles were metal shavings from the metal drum shot blasting operations. Lambert and Benninghoff indicated that the exposure issues would not allow the no exposure exemption to apply to the facility. Ferguson confirmed that water flow from the trash compactor area would travel towards the stormwater inlet in the driveway entrance area for the loading docks. Ferguson, Benninghoff and Lambert met Don Hansen, Mid-America maintenance, to conduct the dye?testing. As they discussed how the dye?testing was going to be conducted, Jim Lindhorst and Randy Plennes from the City of St. Francis arrived. Lindhorst and Plennes provided a sewer map for the area, and after a short conversation with Benninghoff, it was determined the best location to open a manhole to observe if the roof drain discharged to the St. Francis M84 (and to ?waters of the State?) was the manhole near the driveway entrance area for the loading docks. The St. Francis MS4 maps showed this was last known manhole location prior to discharge to a creek to the northeast. Benninghoff, Hansen and Ferguson proceeded to the roof access point in the southwest corner of the 2nd floor of the Mid?America facility. Benninghoff added approximately 2 ounces of sodium flurocene dye (green) to a 2? gallon bucket, and filled the bucket with water. Benninghoff and Hansen proceeded to the roof top via a ladder. Ferguson returned to the stormwater manhole where Lambert, Lindhorst and Plennes stationed themselves to verify whether the dye discharged into the facility roof drain (location where the scrubber spent liquid was discharging, as observed by Benninghoff on February 28, 2017 and verified by the staining ofthe roof coming from the scrubber) was connected to St. Francis? M84. Benninghoff informed Plennes and Lambert via walkie-talkie that the dye was being discharged to the roof drain at approximately 1:23pm while Hansen poured the liquid into the roof drain. Lambert observed the green dye appear in the manhole approximately 3 minutes later. While waiting for the dye to travel, Hansen stated that the air scrubber operated every day the facility was processing drums because the air scrubber automatically turned on when the drum processing equipment was in operation. Hansen stated he worked at the facility for approximately 30 years. Prior to leaving the rooftop, Benninghoff confirmed that the dye had been observed in the stormwater sewer system by Lambert and Plennes. Benninghoff and Hansen proceeded from the rooftop to the stormwater manhole where the rest of the group was stationed. As Benninghoff and Hansen left inside of the building, Benninghoff noted what appeared to be an air stack. Hansen stated the air stack was going to be added to the existing stack to raise the height. Hansen said based on wind, humidity and other factors, the air discharge from the air scrubber would be pushed towards the ground. Hansen said this addition would help alleviate the odor Issues. Once outside, Ferguson confirmed with Benninghoff that he observed the dye in the stormwater manhole, and asked Benninghoff what the next steps were. Benninghoff stated, as he said during the February 28, 2017 visit, that the spent scrubber liquid could not be discharged to storm sewer system. Ferguson and Hansen said it would not be too difficult to reroute the spent scrubber liquid to either the treatment system or sanitary sewer. Benninghoff stated Hansen and Ferguson should work closely with MMSD to ensure that any discharge of the spent scrubber liquid to the sanitary sewer is done in accordance with any of requirements. Benninghoff and Lambert departed from the facility at approximately 1:45pm. Regulator Reporting Ben Benninghoff and Jamie Lambert? Watershed Management Date of Report 06/02/2017 Exhibit Reference State Of Wisconsin Department OfNatural Resources INDUSTRIAL SITE INSPECTION REPORT PHOTO LOG Project Location: Mid America Steel Drum Co. 3950 S. Avenue St. Francis WI Known Resources: Nearest waterway: Lake Michigan Purpose of Inspection: No Exposure Certi?cation Others Present: Mark Furgason and Don Hansen ?Mid America Steel Drum Co., Jim Lindhorst and Randy Plennes from the City of St. Francis. M84 ?ow path indicated by the red arrows, and the stormwater inlet and manhole used for dye-test indicated by red circle. Covered luger box located at the west end of the covered dock area. Inspected By: Jamie Lambert Ben Benninghoff May 23, 2017 FID No. 341158070 State of Wisconsin Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT PHOTO LOG 3 Some of the storage trailers were open to the elements. 0 Industrial trash compactor I Trash compactor appears to be leaking hydraulic ?uid on both sides of the unit. Inspected By: Jamie Lambert Ben Benninghoff May 23, 2017 FID No. 341158070 L444 mscousm State OfWi SCOHSIH DEPT. OF NATURAL RESOURCES Department of Natural Resources INDUSTRIAL SITE INSPECTION REPORT PHOTO LOG Looking at the west side of the compactor. Leak is directly across from a similar stain and residual pile on the opposite side of the trash compactor. 6 Some fresh petroleum residuals on concrete in front of loading dock area. Old staining mixed with fresh petroleum residuals on the concrete in the loading dock area. Inspected By: Jamie Lambert Ben Benninghoff May 23, 2017 FID No. 341158070 State of Wisconsin De of Natural Resources . . INDUSTRIAL SITE INSPECTION REPORT PHOTO LOG 9 Hansen pouring bucket of dye into roof drain at 1:23pm 10 Flow path from air scrubber to roof drain. 12 Looking into storm sewer system from a manhole on the southeast side of the facility at 1:22pm. Inspected By: Jamie Lambert Ben Benninghoff May 23, 2017 FID No. 341158070 :04 ?scans?; State Of W1500n51n Department OfNatural Resources INDUSTRIAL SITE INSPECTION REPORT PHOTO LOG 13 I Jim Lindhorst, St. Francis M84, shining a light into the manhole while waiting for dye tO appear. 14 I The dye appeared approximately 3 minutes after release Inspected By: Jamie Lambert Ben Benninghoff May 23, 2017 FID No. 341158070 State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 2300 N. Dr. Martin Luther King, Jr. Drive 3?30? wa'ker? G?Vem?r Milwaukee WI 53212-3128 cathy Stem?! secretary Telephone 608-266-2621 Toll Free 1-888-936-7463 WISCONSIN Try Accesg Via relay 711 DEPT. OF NATURAL RESOURCES July 19, 2017 Mark Furgason Mid?America Steel Drum Company, Inc. 3950 S. Ave St. Francis, 53235 Subject: Stormwater No Exposure Certi?cation Request Dear Mr. urgason: Please consider this correspondence the Department?s response to your No Exposure Certi?cation (N EC) request for the Mid?America Steel Drum Company, Inc. facility located at 3950 Ave in the City of St. Francis, Milwaukee County. A site inspection was conducted by me and Ben Benninghoff, Department of Natural Resources staff, on Tuesday May 23, 2017 to help verify whether your facility quali?ed for NEC. Please note that a facility is not eligible to receive the NEC if any industrial activities or materials that contain pollutants are exposed to storm water runoff. During our inspection we were looking for materials stored outside that had the potential to pollute stormwater along with conducting a dye test to see if discharge from the air scrubber on the roof was reaching the storm sewer system. Per our inspection it was determined that your facility does not qualify for NEC. Our site inspection report for that day accompanies this letter. At this time you are required to submit to the Department a completed Notice of intent (NOD for Industrial Storm Water Discharge and Storm Water Pollution Prevention Plan Summaly form. If this facility has a cement please continue to ?Jlly implement it and work towards eliminating items and practices that cause rainfall and runoff to come into contact with potential pollutants, if your facility does not have a site speci?c then one should be develop and submitted along with the N01 and Summary forms. Here is a link to the Departments industrial forms web page; Please contact me if you have any questions. Sincerely, Emma/WM ie tormwater Management Phone: (414) 263-8495 Email: iamie.lambert@wi.gov . A ?Niagara wi?ct'nii?n?fgov Naturally WISCONSIN {gee State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 2300 N. Dr. Martin Luther King, Jr. Drive Milwaukee WI 53212-3128 July 19,2017 Kevin Meyer Scott Walker, Governor Cathy Stepp, Secretary Telephone 608-266-2621 Toll Free 1-888-936-7463 TTY Access via relay - 711 Mid-America Steel Drum Company, Inc. 2300 W. Cornell Street Milwaukee, WI 53209 Subject: Stormwater No Exposure Certi?cation Request Dear Mr. Meyer: DEPT. OF NATURAL RESOURCES Please consider this correspondence the Department?s response to your No Exposure Certi?cation (N EC) request for the Mid-America Steel Drum Company, Inc. facility located at 23 00 W. Cornell Street in the City of Milwaukee, Milwaukee County. A site inspection was conducted by me and Ben Benninghoff, Department of Natural Resources staff, on Monday May 1, 2017 to help verify whether your facility quali?ed for NBC. Please note that a facility is not eligible to receive the NEC if any industrial activities or materials that contain pollutants are exposed to storm water runoff. During our inspection we were looking for materials stored outside that had the potential to pollute stormwater. We were also looking for areas where storm water runoff would discharge from the site. Per our inspection it was determined that your facility does not qualify for NBC. Our site inspection report for that day accompanies this letter. At this time you are required to submit to the Department a completed Notice of intent (N01) for Industrial Storm Water Discharge and Storm Water Pollution Prevention Plan Summary form. If this facility has a current please continue to fully implement it and work towards eliminating items and practices that cause rainfall and runoff to come into contact with potential pollutants, if your facility does not have a site speci?c then one should be develop and submitted along with the N01 and Summary forms. Here is a link to the Departments industrial forms web page; Please contact me if you have any questions. Sincerely, Kiwi-ua??ccw?Qxei?? mic Lam Stormwater Management Phone: (414) 263?8495 Email: iamie.1ambert@wi.gov nr.wi.gov Wisconsingov Naturally WISCONSIN PRINTED ONHEGYGLED PAPER