NCG060387_COMPLETE FILE - HISTORICAL_20180625

STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V C& O o 3 V
DOC TYPE
L'� HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ � u I � b va S
YYYYMMDD

ORBIT ENERGY CHARLOTTE, LLC
14120 Ballantyne Corporate Place
Suite 400
Charlotte, NC 28277
June 25, 2018
VIA EMAIL AND FEDEX DELIVERY:
Email: Chad. Broadwaya cnecklenburgcountync.gov
Charlotte -Mecklenburg Storm Water Services
2145 Sultle Avenue
Charlotte, NC 28208-5237
Attn: Chad Broadway, Environmental Specialist
RE: WRITTEN RESPONSE TO INDUSTRIAL FACILITY INSPECTION —
Anaerobic Digestion Facility located at 600 Johnson Road, Charlotte, NC
28206 (the "Facility")
Dear Mr. Broadway,
This letter is being delivered in response to the Industrial Facility Inspection report dated
June 14, 2018, a copy of which is attached hereto as Exhibit A (the "Report"). Orbit Energy
Charlotte, LLC ("OEC") is actively implementing measures to prevent any future releases to the
surface waters of the State. OEC. will continue to identify opportunities to prevent releases and
retrofit the facility. OEC has implemented or is planning to implement the following measures.:
OEC has stopped receiving all solid and liquid organic food waste in order to
concentrate operations staff efforts exclusively on retrofitting and construction -
related activities at the Facility.
Any and all areas impacted by the recent discharge of digested food slurry from
Hot Digester 92 have been fully remediated and restored to state prior to the upset.
The area immediately.surrounding the digester, the stream, and the retention pond
have all been remediated and returned to their previous condition as well. Areas
disturbed by remediation have been covered with mulch, gravel, or have been
seeded with grass in order to minimize soil erosion.
The vertical mixers for the hot digestion tanks are being removed by crane and will
be retrofit with propellers at the surface of the high liquid level of each digestion
tank. A forensic analysis of the cause of the foaming upset event disclosed that all
twelve of the vertical mixers installed by the original EPC Contractor in each of the
three hot digestion tanks (4 in each tank) were installed without propellers near the
surface of the liquid to break up surface tension and properly mix the hot digestion
tanks as was called for in the facility plans. Instead, vertical mixers were installed
with propellers only at the bottom of each shaft, approximately 14 feet below the
high liquid level fir each tank. This engineering flaw caused inadequate mixing

allowing for the formation of a thick floating scum layer. This layer in turn trapped
biogas being produced lifting the 2 -- 3-foot-thick layer of foam several feet causing
the foam to discharge through the digester tank overflow. Built up pressure
eventually released through the layer discharging the foam out the overflow pipe.
4. The conditions causing foam discharge from I -lot Digester 92 have been stopped.
In order to eliminate the potential for continued foam discharge, t-,vo actipns have
been implemented. First, the liquid level in the digester has been lowered to 24
feet. This level is just below the level of the currently installed mixer blades. -This
allows the installed mixers to act as "foam breakers" as the tank level is continued
to be lowered. Second, sodium hydroxide has been injected into the digester raising
the pH to above 9.0. This increase in pH inhibits the production of methane and
carbon dioxide by the anaerobic microbes in the digester, thereby halting the
biological process which was producing the team.
5. A spill containment wall has been engineered and is in the process of being
finalized for construction. The spill containment wall will extend along the
northern side of the creek from the site's main access road on the west to the eastern
side of I -lot Digester 92 as shown in the plans attached hereto as Exhibit B. The
elevation of the retaining wall is set to capture storm water from the process area
,and any other release within the process area. Captured water will drain over land
or through the storm water collection system to the storm water retention basin.
Stop logs will be installed in the storm water basin in order to hold potentially
impacted storm water until it can be tested and verified free of contamination.
If you should have any questions regarding this response to the Report or the Facility please contact
Zack Morgan with Entropy Investment Management, LLC at [phone].
Sincerely,
ORHIT ENERGY CHARLOTTE, LLC
"V
Sarah Armstrong
Chief Financial Officer
Entropy Investment Management, LLC

Char1b1f-*cktenhurg
STORM
�,. CATER,
services
June 14, 2018
Orbit Energy Charlotte, LLC
Attn: Zack Morgan, General Counsel
14120 Ballantyne Corporate Place, Suite 400
Charlotte, NC 28277
Subject: Industrial Facility Inspection
Orbit Energy Charlotte
Dear Mr. Morgan:
2 14 5 SuttIc Avt:nue
Charlorte, NC 28208.5237
On May 22, 2018, Chad Broadway of Charlotte -Mecklenburg Storm Water Services
(CIv1SWS) conducted an inspection of the above referenced facility as a requirement of the City
of Charlotte's NPDES Permit, NCS000240, Part iI Section H. Inspection authority is granted by
Charlotte City Code Chapter 18, Article 1II, Section 18-82. The following observations were
noted during the inspection as part of the Charlotte Storm Water Pollution Control Ordinance
review and can be found in more detail within the Site .Inspection section of the attached report:
1) Charlotte Storm Water Pollution Control Ordinance Review
e Illicit Discharge I Connections: At the time of inspection, an active discharge of food
slurry was occurring at the hot digester tanks. An environmental remediation company
was on site actively collecting and treating areas impacted by the discharge. The facility
should continue taking steps to correct equipment and/or process -related issues that have
resulted in the ongoing material discharges. Additionally, the facility should take steps
to determine the minimum requirements for secondary containment under the
.VC:'G060000 permit and implement permanent measures that are sufficient to protect
surface wagers from future discharges.
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 band Resources (DE -MLR). NCDEQ — DEMLR has been
copied on this report and made aware of the following observations regarding the facility's
NPDES stormwater permit'
2) Stormwater Pollution Prevention Plan SPPP
A draft version of a Stormwa(er Pollution Prevention Plan (SPPP) has been developed for the
facility.
3) Qualitative Monitoring
Qualitative monitoring has not yet been conducted and recorder!.
a
Fn report pollution or drainage problems, call: 311
...� htrp:l/scorniwarer.charmeck.org

Mr. Zack Morgan, General Counsel
Page 2
.Tune 14, 2018
4) Analytical Monitoring
Analytical monitoring has not yet been conducted and recorded.
Thank you for your assistance and cooperation with the site inspection. Please submit a
written response addressing items in Section I of this cover letter to Chad Broadway by July 2,
2018,.Your response should explain what actions have been taken to address the deficiencies.
Items under Sections 2 -- 4 of this cover letter are specifically related to requirements in your
State -issued NPDES Stormwater Certificate of Coverage NCG060387 and as such, you may
receive a separate letter from NCDEQ asking you to follow-up and address those particular
items.
'rhe attached report provides details about inspection observations and should he self-
explanatory. Please contact me at 704-280-1497 if you have any questions or need additional
information. For questions specifically regarding your NPDES storrnwater permit, please
contact James Moore with NCDEQ — DEMLR at 704-663-1699.
Sincerely,
Chad Broadway
Environmental Specialist
Charlotte -Mecklenburg Storm Water Services
cc: Kristen O'Reilly, Charlotte Storm Water Services
James Moore, NCDEQ — DEMI,R
Attachment

CA&tk &*nisi :145 SUIIIC Avan ae
STORMCharlott,:, NC 29208
WAFER I=acility Inspection
S:tVii:es
Facility Name; Orbit Energy Charlotte LLC Inspection #: 37559
Contact: Zack Morgan, General Counsel Permit #: NCGO60387
Inspector: Chad Broadway Receiving Stream: Derita Branch
Inspection Date: 05122f2018 Entry Time: 9:10 am Exit Time: 10:45 am SIC #:
,�g'� ;s_..�e,y„r.•�a��, o�e.�e,�+r,:i?rza�i� � ,<.�..� tw.ne`�° � `�tu�`�.,��
Facility Description: Orbit Energy Charlotte is located at 600 Johnson Road on approximately 13 acres. The facility
receives off -spec food products and other similar materials for use in an anaerobic digestion process that produces
methane, which is subsequently captured and used for energy production.
File ReviewfH[story : Charlotte -Mecklenburg Storm Water Services (CMSWS) has previously conducted inspections at
Orbit Energy Charlotte an April 28, 2018, January 29, 2018, October 24, 2017, and July 7, 2017. CMSWS issued Notices
of Violation (NOVs) to the facility on May 2, 2018, January 30, 2018, and November 1, 2017, with each of the NOVs
issued due to discharges of food byproduct slurry. Additional follow-up inspections were conducted on various other
dates.
Inspection Summary: At the time of inspection, an active discharge of food slurry was occurring at the hot digester area.
A temporary earthen berm prevented flow from entering the receiving stream, and the facility's environmental response
company was on site during the inspection to collect discharged material and treat affected areas. The facility should
take steps to prevent future discharges of process liquids and should consult with NC DEQ personnel to discuss the
requirements for permanent secondary containment. Please see the inspection report for additional information about site
deficiencies and recommendations to protect water quality.
Site Inspection Deficiency Comments .
Stormwater system (catch basins,
Recommendation
St,ormwater flows through the facility via sheet flow to a series
inlets, outfalls, etc.)
of catch basins that discharge to the facility's dry detention
basin.
Erosion issues
Recommendation
Exposed soils that were the result of land disturbing activities
conducted during the emergency spill response were
observed within the stream buffer of the southern portion of
the facility and at isolated areas of the stream bank, CMSWS
recommends the facility provide ground cover sufficient to
restrain erosion to all exposed soils within the stream buffer.
Structural stormwater BMPs
Recommendation
The facility has one dry detention basin that receives the
majority of stormwater runoff associated with industrial
activities. At the time of inspection, accumulated water
within the basin was discolored in a manner consistent with
the facility's food slurry product. CMSWS recommends the
facility analyze accumulated water to determine if it has been
impacted by process -related discharges. Per
correspondence received on 5t22118, CERT removed and
disposed of the accumulated water.
e
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Site Inspecilon Deficienc • comments I
Illicit dischargestconnections
Yes
At the time of inspection, an active discharge of food slurry
was occurring at the hot digester tanks. An environmental
remediation company was on site collecting discharged
material and treating affected areas. A temporary earthen
berm containment system prevented the discharged material
from reaching the receiving stream. The facility should
continue taking steps to prevent additional discharges and
should install permanent secondary containment that
complies with the NCG06 stormwater permit.
Aboveground storage tank(s) - list
Recommendation
The facility has three hot digester tanks with capacities of
tank sizes & contents
approximately 2.4 million gallons, three additional digester
tanks with capacities from 275,000 to 430,000 gallons, five
wastewater treatment tanks of which the largest tank has a
capacity of 1.4 million gallons, five chemical additive tanks
with capacities of 5,300 gallons, a 500-gallon diesel fuel tank,
and other totes and tanks.
Underground storage tank(s) - fill port
NIA
No underground storage tanks were observed during the
area; list tank sizes R contents
inspection.
Outdoor material storage area(s)
Recommendation
An empty 55-gallon drum was stored outdoors near the truck
loading dock at the southeast portion of the facility, CMSWS
recommends storing all drums, totes and containers indoors
or under cover when possible, Please be aware that the
storage and transportation of materials to/from this area may
constitute industrial activity and result in this drainage area
being subject to monitoring requirements under the facility's
NPDES general permit NCG060000.
Outdoor processing area(s)
Yes
As detailed in the "Illicit Discharge" section, an active
discharge of food slurry was observed at the facility's hot
digester tanks. '
Loadinglunloading area(s)
No
Off -spec food products, food waste, and by-products from the
facility's operations are loaded and unloaded in covered and
contained areas. No stormwater issues were observed in the
loadingiunfoading areas.
Vehictelequipment area(s) - fueling,
No
Vehicles and equipment are fueled at the facility's 500-gallon
washing, storage, etc,
diesel fuel tank.
Oil/water separator andlof
No
The facility has a wastewater pretreatment system on site
pretreatment
and discharges to the Charlotte Water sanitary sewer system
as a registered SI nificant Industrial User.
Waste storageldisposal area -
No
dum sters, scrap metal bins, etc.
Food service area(s)
N/A
Indoor material storage area(s)
No
Indoor processing area(s)
No
Floor drains
No
No indoor floor drains were observed during the 'inspection.
Several trench drains and catch basins adjacent to
processing operations are plumbed to the facility's waste
stream.
Spill response equipment
No
Spill kits were located at the diesel fuel AST and other areas
throughout the site.
Stormwatttr Pollution Plan Observed Comments )
Does the facility have a stormwater
Yes
The facility has recently developed a draft version of a
pollution prevention plan?
stormwater pollution prevention plan (SPPP) to comply with
NPDES General Permit NCGO60000.
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Stormwater Pollution Plan Observed Comments ..
General location (USGS) map
Yes
Narrative description of praclices
Yes
Detailed site map
Yes
List of significant spills (past 3 years)
Yes
The SPPP includes documentation of significant spills that
have occurred at the facility over the previous year and
corrective actions to address the SEWS.
Non-stormwater discharge evaluation
A non-stormwater discharge evaluation has not yet been
of outrall(s)
conducted and documented.
Feasibility study
Yes
An necessary secondary
No
Permanent secondary containment sufficient has not been
containment provided
provided for all bulk liquid raw materials, manufactured
products, waste materials, and/or by-products. Currently,
only the facility's chemical storage tanks had secondary
containment equipped with manually activated valve. CMSWS
recommends discussing the applicability of secondary
containment requirements and minimum design criteria with
the NCDEO Mooresville Regional Office or Central Permitting
Unit.
Collected water evaluated and
Yes
Water collected within the facility's chemical storage
documented prior to release
secondary containment area is evaluated and documented
prior to release,
BMP Summary
Yes
Spill prevention and response plan
Yes
Preventative maintenance and good
Yes
hoLsokeeping plan
Facility provides and documents
Employee training has not yet been conducted and
employee train€n
documented.
List of responsible parties
Yes
Reviewed and updated annually
Yes
The draft version of the facility's SPPP was developed on
Stormwater facility inspection
A facility inspection had not yet been documented in the
program conducted semi-annual)
SPPP.
Qualitative/Analytical Monitoring Observed Comments
Qualitative monitoring conducted
Qualitative monitoring has not yet been conducted.
semi-annually
Analytical monitoring conducted
Qualitative monitoring has not yet been conducted.
semi-annually
Analytical monitoring from vehicle
NIA
maintenance
Permit and Outfalls Observed Comments
Copy of permit and certificate of
Yes
coverage onslte
All outfalls observed
Yes
As detailed in the "Outdoor Material Storage" section, the
storage of new and used drums and totes at the southeast
portion of the facility, along with the transportation of these
items to/from the subject area, may constitute industrial
activity and require monitoring to he conducted at the
southeast outfall.
Number of Outfails Observed
3
Representative outfall status
NIA
documented by NCDWQ
Annual no -exposure self
N/A
re-cenificaticn documented
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