NCG060387_CMSWS NOV Orbit Energy with Inspection Email Transmittal_20230328

Chandler, Jeffrey A
From:Schley, Michael <[e-mail]>
Sent:Tuesday, March 28, 2023 3:22 PM
To:Miguel Lugo; [e-mail]; [e-mail]
Cc:Farmer, Richard L; DeCristofaro, Andrew; Chandler, Jeffrey A; Eplin, Jerry W; Khan,
Zahid; Jadlocki, Steve; Miller, Craig
Subject:\[External\] Notice of Violation / Stormwater Inspection : Orbit Energy - Charlotte
Bioenergy Facility LLC
Attachments:Charlotte Bioenergy Facility LLC - 1st NOV (Sec 18-80d) Improper Storage &
Handling.pdf; Orbit - Stormwater Inspection Report.pdf
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Subject: NOTICE OF VIOLATION
Industrial Facility Inspection
Charlotte Bioenergy Facility
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(d), Improper Storage, Handling, or Processing of Materials

To Whom it May Concern:

North Carolina General Statute § 160A-459 authorizes cities to adopt and enforce a stormwater control
ordinance to protect water quality and control water quantity. The City of Charlotte (the “City”) adopted
a Stormwater Pollution Control Ordinance (the “Ordinance”) during 1995 which was most recently
amended and effective as of July 1, 2020.

On March 21, 2023, Michael Schley, Richard Farmer, Ryan Spidel, and John Thao with Charlotte-
Mecklenburg Storm Water Services (“CMSWS”) conducted an inspection at the Charlotte Bioenergy
Facility located at 600 Johnson Road (“site”) in Charlotte, NC. The inspection was conducted under
authority granted by the Ordinance pursuant to Section 18-82, Powers and Authority for Inspection. As a
result of the inspection, the following findings were determined at the inspection site:

1. Storage totes containing chemical cleaning agents, polymers and other liquid materials were
observed to be kept without cover caps outdoors and without adequate product labels; and
2. Open grease containers, contaminated used pallets, and decomposing food waste that leaked and
spilled from open totes in outdoor areas were observed on the ground in areas where the waste
could become intermixed with stormwater runoff and discharge to the stormwater system and
surface waters; and
3. Drains in the facility’s tank farm areas, which get pumped back into the facility’s wastewater
reclamation system, were observed to be clogged due to inoperable pumps. Wastewater was
observed to be accumulating in several secondary containment areas. In addition, dark staining
from prior wastewater discharges was observed on the ground adjacent to several above-ground
1

storage tanks (ASTs) and outside of berms surrounding the ASTs. These conditions allow for the
potential of wastewater to become intermixed with stormwater runoff and discharge to the
stormwater system and surface waters; and
4. Eight open top waste dumpsters were observed to be uncovered outdoors. Anaergia staff stated
that the dumpsters included food waste among other waste materials. Liquids were observed
leaking from the waste dumpsters and on the ground surrounding the open top waste dumpsters;
and
5. Excessive sediment and debris were observed on the interior roads throughout the facility. The
sediment and debris included leaked and spilled waste picked up and tracked by vehicles and
equipment driving around the facility.
6. These conditions constitute a violation of the Ordinance, Section 18-80(d), Improper Storage,
Handling, or Processing of Materials.

The inspection further determined that Charlotte Bioenergy Facility, LLC (hereafter “Charlotte Bioenergy
Facility”) is the “Person” ultimately responsible for the violation, as defined by the Ordinance. As such,
Thomas Lewis and Miguel Lugo with Anaergia Services LLC were verbally notified of the violation on
March 21, 2023 and directed by CMSWS to address the issues causing the violation. To achieve
compliance with the legal requirements of the Ordinance, Charlotte Bioenergy Facility must implement
the following corrective actions:

 Label all chemical totes and storage containers with their contents; and
 Ensure all totes, storage containers, contaminated/used pallets, and waste containers are kept
sealed and/or under cover as to prevent stormwater runoff pollution; and
 Remove and/or properly store food stock material in a manner as to prevent stormwater runoff
pollution; and
 Collect, remove, and properly dispose of all discharged material and any affected soils in
accordance with state and federal rules. Manifests for contaminated wastes transported and
disposed of offsite must be kept and provided upon request; and
 Restore areas affected by the discharge to their pre-violation condition; and
 Repair the wastewater reclamation system and secondary containment areas to ensure
wastewater pollutants cannot become intermixed with stormwater runoff and discharge to the
stormwater system; and
 Remove sediment and debris from the interior roads and implement good housekeeping
procedures in a manner as to minimize stormwater runoff pollution; and
 Take appropriate corrective and/or preventive actions to prevent further improper storage,
handling, or processing of materials. Among other potential actions, this should include reviewing
and updating the SCADA system, written policies and procedures, equipment and process
improvements, and employee training programs.

Charlotte Bioenergy Facility is required to submit a written response to CMSWS within ten (10)
calendar days following receipt of this notice. The response must specify: 1.) why the violation
occurred; 2.) the actions taken to correct the violations; 3.) the actions taken to restore the affected areas;
4.) the actions taken to prevent the occurrence of violations in the future; 5.) copy of invoice(s) for costs
incurred to remediate any discharges and restore affected areas; and 6.) any other information or
explanation Charlotte Bioenergy Facility wishes to present regarding the violation.

2

The written response will be taken into consideration in determining if additional enforcement remedies
are warranted regarding the violation, which could include potential civil penalty assessment
proceedings against Charlotte Bioenergy Facility. The written response may be submitted via U.S. Mail or
other delivery service, or by e-mail. Please send the response to:

Charlotte-Mecklenburg Storm Water Services
Attention: Richard Farmer
2145 Suttle Ave.
Charlotte, NC 28208-5237

E-mail: [e-mail]

Pursuant to the Ordinance, Section 18-83(c), Civil Penalties, Charlotte Bioenergy Facility is subject to civil
penalties of up to Ten Thousand Dollars ($10,000.00) per day beginning with the first day of violation
and every day thereafter up until the violation ceases.

It is the responsibility of Charlotte Bioenergy Facility to contact the CMSWS Investigator, Michael
Schley at [phone], immediately upon correcting the violations and restoring the areas affected by
the violations in order to document compliance with the Ordinance and to minimize any potential civil
penalty. Unless scheduled earlier by Charlotte Bioenergy Facility, a follow-up inspection by CMSWS will
occur no later than April 18, 2023 to determine compliance with the Ordinance. Please note that until
CMSWS determines compliance with the Ordinance regarding the violation, Charlotte Bioenergy Facility
will be considered in “continuing violation” of the Ordinance.

Pursuant to the Ordinance, Section 18-83(j), Abatement by the City, any and all measures necessary may
be taken by the City to abate the violation and/or restore impacted areas to their pre-violation condition
should Charlotte Bioenergy Facility fail to do so in a timely manner, especially in situations where the
violation may cause an imminent threat to human health or the environment. Any expense incurred by
the City for such violation abatement and/or restoration work will be charged to Charlotte Bioenergy
Facility, in addition to any potential civil penalty.

If you have any questions or would like to request a meeting with CMSWS to discuss the violations
and/or provide additional information, please contact me at [phone] within ten (10) calendar
days following receipt of this notice. Please be aware that a meeting request or an actual meeting with
CMSWS does not relieve Charlotte Bioenergy Facility from the requirement to complete the corrective
actions specified in this notice and does not negate a potential civil penalty. In addition, achieving and
maintaining compliance with Section 18-80(d) of the Ordinance does not relieve Charlotte Bioenergy
Facility from complying with other sections of the Ordinance and/or other local, state, or federal rules,
laws and regulations.

For your information, the Ordinance is available for review at:
https://charlottenc.gov/StormWater/SurfaceWaterQuality/Pages/PollutionControlOrdinances.aspx.
Copies of the Ordinance are also available in print or digital format from CMSWS upon request.

The enclosed inspection report provides specific details about the inspection. If you have any questions
or need additional information concerning this report, please contact Michael Schley at [phone].

Please note, because your facility has been issued an NPDES stormwater permit, the inspection was also
conducted as part of a cooperative working agreement between CMSWS and the North Carolina
Department of Environmental Quality (NCDEQ) – Division of Energy, Mineral and Land Resources
3

(DEMLR). NCDEQ-DEMLR has been given a copy of this report and made aware of the observations
regarding the permit. For questions specifically regarding your NPDES stormwater permit, please
contact Jerry Eplin with NCDEQ-DEMLR at [phone].

Your prompt cooperation and attention to this matter is requested.

Thank you,

Michael Schley
Environmental Specialist II
Charlotte-Mecklenburg Storm Water Services
[phone] | [e-mail] | StormWater.CharMeck.org

We are passionate about making our environment safe and healthy
by reducing flood losses and improving water quality for all

4

Charlofte•Mecklenburg
/j STORM
WATER
Services
March 28, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Charlotte Bioenergy Facility, LLC
c/o Anaergia Services LLC
Attention: Dr. Andrew Benedek, CEO
5780 Fleet Street, Suite 310
Carlsbad, CA 92008
Subject: NOTICE OF VIOLATION
Industrial Facility Inspection
Charlotte Bioenergy Facility
CITY OF CHARLOTTE
StormWater.CharMeck.org
2145 Suttle Ave.
Charlotte, NC 28208
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(d), Improper Storage, Handling, or Processing of Materials
Dear Dr. Andrew Benedek:
North Carolina General Statute § 160A-459 authorizes cities to adopt and enforce a stormwater
control ordinance to protect water quality and control water quantity. The City of Charlotte (the
"City") adopted a Stormwater Pollution Control Ordinance (the "Ordinance") during 1995 which
was most recently amended and effective as of July 1, 2020.
On March 21, 2023, Michael Schley, Richard Farmer, Ryan Spidel, and John Thao with Charlotte -
Mecklenburg Storm Water Services ("CMSWS") conducted an inspection at the Charlotte
Bioenergy Facility located at 600 Johnson Road ("site") in Charlotte, NC. The inspection was
conducted under authority granted by the Ordinance pursuant to Section 18-82, Powers and
Authority for Inspection. As a result of the inspection, the following findings were determined at
the inspection site:
1. Storage totes containing chemical cleaning agents, polymers and other liquid
materials were observed to be kept without cover caps outdoors and without
adequate product labels; and
2. Open grease containers, contaminated used pallets, and decomposing food waste
that leaked and spilled from open totes in outdoor areas were observed on the
ground in areas where the waste could become intermixed with stormwater runoff
and discharge to the stormwater system and surface waters; and
3. Drains in the facility's tank farm areas, which get pumped back into the facility's
wastewater reclamation system, were observed to be clogged due to inoperable
CCM.CITYof CHARLOTTE

Charlotte Bioenergy Facility, LLC
c/o Anaergia Services LLC
Attention: Dr. Andrew Benedek
March 28, 2022
pumps. Wastewater was observed to be accumulating in several secondary
containment areas. In addition, dark staining from prior wastewater discharges
was observed on the ground adjacent to several above -ground storage tanks
(ASTs) and outside of berms surrounding the ASTs. These conditions allow for the
potential of wastewater to become intermixed with stormwater runoff and
discharge to the stormwater system and surface waters; and
4. Eight open top waste dumpsters were observed to be uncovered outdoors.
Anaergia staff stated that the dumpsters included food waste among other waste
materials. Liquids were observed leaking from the waste dumpsters and on the
ground surrounding the open top waste dumpsters; and
5. Excessive sediment and debris were observed on the interior roads throughout the
facility. The sediment and debris included leaked and spilled waste picked up and
tracked by vehicles and equipment driving around the facility.
6. These conditions constitute a violation of the Ordinance, Section 18-80(d),
Improper Storage, Handling, or Processing of Materials.
The inspection further determined that Charlotte Bioenergy Facility, LLC (hereafter "Charlotte
Bioenergy Facility") is the "Person" ultimately responsible for the violation, as defined by the
Ordinance. As such, Thomas Lewis and Miguel Lugo with Anaergia Services LLC were verbally
notified of the violation on March 21, 2023 and directed by CMSWS to address the issues causing
the violation. To achieve compliance with the legal requirements of the Ordinance, Charlotte
Bioenergy Facility must implement the following corrective actions:
• Label all chemical totes and storage containers with their contents; and
• Ensure all totes, storage containers, contaminated/used pallets, and waste
containers are kept sealed and/or under cover as to prevent stormwater runoff
pollution; and
• Remove and/or properly store food stock material in a manner as to prevent
stormwater runoff pollution; and
• Collect, remove, and properly dispose of all discharged material and any affected
soils in accordance with state and federal rules. Manifests for contaminated wastes
transported and disposed of offsite must be kept and provided upon request; and
• Restore areas affected by the discharge to their pre -violation condition; and
• Repair the wastewater reclamation system and secondary containment areas to
ensure wastewater pollutants cannot become intermixed with stormwater runoff
and discharge to the stormwater system; and
• Remove sediment and debris from the interior roads and implement good
housekeeping procedures in a manner as to minimize stormwater runoff pollution;
and
• Take appropriate corrective and/or preventive actions to prevent further
improper storage, handling, or processing of materials. Among other potential
actions, this should include reviewing and updating the SCADA system, written
Kph CITY of CHARLOTTE

Charlotte Bioenergy Facility, LLC
c/o Anaergia Services LLC
Attention: Dr. Andrew Benedek
March 28, 2022
policies and procedures, equipment and process improvements, and employee
training programs.
Charlotte Bioenergy Facility is required to submit a written response to CMSWS within ten
(10) calendar days following receipt of this notice. The response must specify: 1.) why the
violation occurred; 2.) the actions taken to correct the violations; 3.) the actions taken to restore
the affected areas; 4.) the actions taken to prevent the occurrence of violations in the future; 5.)
copy of invoice(s) for costs incurred to remediate any discharges and restore affected areas; and
6.) any other information or explanation Charlotte Bioenergy Facility wishes to present
regarding the violation.
The written response will be taken into consideration in determining if additional enforcement
remedies are warranted regarding the violation, which could include potential civil penalty
assessment proceedings against Charlotte Bioenergy Facility. The written response may be
submitted via U.S. Mail or other delivery service, or by e-mail. Please send the response to:
Charlotte -Mecklenburg Storm Water Services
Attention: Richard Farmer
2145 Suttle Ave.
Charlotte, NC 28208-5237
E-mail: [e-mail]
Pursuant to the Ordinance, Section 18-83 (c), Civil Penalties, Charlotte Bioenergy Facility is
subject to civil penalties of up to Ten Thousand Dollars ($10,000.00) per day beginning with the
first day of violation and every day thereafter up until the violation ceases.
It is the responsibility of Charlotte Bioenergy Facility to contact the CMSWS Investigator,
Michael Schley at [phone], immediately upon correcting the violations and restoring the
areas affected by the violations in order to document compliance with the Ordinance and to
minimize any potential civil penalty. Unless scheduled earlier by Charlotte Bioenergy Facility, a
follow-up inspection by CMSWS will occur no later than April 18, 2023 to determine compliance
with the Ordinance. Please note that until CMSWS determines compliance with the Ordinance
regarding the violation, Charlotte Bioenergy Facility will be considered in "continuing violation"
of the Ordinance.
Pursuant to the Ordinance, Section 18-83 (j), Abatement by the City, any and all measures
necessary may be taken by the City to abate the violation and/or restore impacted areas to their
pre -violation condition should Charlotte Bioenergy Facility fail to do so in a timely manner,
especially in situations where the violation may cause an imminent threat to human health or the
environment. Any expense incurred by the City for such violation abatement and/or restoration
work will be charged to Charlotte Bioenergy Facility, in addition to any potential civil penalty.
Kph CITY of CHARLOTTE

Charlotte Bioenergy Facility, LLC
c/o Anaergia Services LLC
Attention: Dr. Andrew Benedek
March 28, 2022
If you have any questions or would like to request a meeting with CMSWS to discuss the
violations and/or provide additional information, please contact me at [phone] within
ten (10) calendar days following receipt of this notice. Please be aware that a meeting request or
an actual meeting with CMSWS does not relieve Charlotte Bioenergy Facility from the
requirement to complete the corrective actions specified in this notice and does not negate a
potential civil penalty. In addition, achieving and maintaining compliance with Section 18-80(d)
of the Ordinance does not relieve Charlotte Bioenergy Facility from complying with other
sections of the Ordinance and/or other local, state, or federal rules, laws and regulations.
For your information, the Ordinance is available for review at:
https://charlottenc.gov/StormWater/SurfaceWaterQuality_/Pages/PollutionControlOrdinances.a
Vx. Copies of the Ordinance are also available in print or digital format from CMSWS upon
request.
The enclosed inspection report provides specific details about the inspection. If you have any
questions or need additional information concerning this report, please contact Michael Schley at
[phone].
Please note, because your facility has been issued an NPDES stormwater permit, the inspection
was also conducted as part of a cooperative working agreement between CMSWS and the North
Carolina Department of Environmental Quality (NCDEQ) - Division of Energy, Mineral and Land
Resources (DEMLR). NCDEQ-DEMLR has been given a copy of this report and made aware of the
observations regarding the permit. For questions specifically regarding your NPDES stormwater
permit, please contact Jerry Eplin with NCDEQ-DEMLR at [phone].
Your prompt cooperation and attention to this matter is requested.
Sincerely,
Uj c.,
Richard Farmer
Water Quality Supervisor
Charlotte -Mecklenburg Storm Water Services
Enclosure
FILE: Cityworks NOV Activity Report # 74752
4
Kph CITY of CHARLOTTE

C��rf�lrie-J4fetkJanburg
STORM
CATER
SuviceS
Facility Inspection
sfo rmW a fe r. C<ha rMe c k. arg
Facility Name: Orbit Energy Charlotte LLC Inspection # : 74751
Contact: Miguel Lugo, Facility Manager Permit #: NCG060387
Inspector: Michael Schley Receiving Stream: Derita Branch
Inspection Date: 03/21/2023 Entry Time: 10:00 am Exit Time: 12:00 pm SIC #:
Facility Description: The Orbit Energy Anaerobic Digestion facility is located at 600 Johnson Road on approximately 13
acres in Charlotte. 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 Review/History: Charlotte -Mecklenburg Storm Water Services (CMSWS) has previously conducted Industrial
Inspections at The Orbit Energy Anaerobic Digestion facility on September 3, 2020 and May 22, 2018. CMSWS issued
Notices of Violations (NOVs) to the facility from service request inspections on August 31, 2021, May 2, 2018, January 30
, 2018, and November 1, 2017, with each of the NOVs issued due to discharges of wastewater. Additional follow-up
inspections were conducted on various other dates for the issued NOVs. In addition, civil penalties were assessed on
June 21, 2018 and October 14, 2021.
Inspection Summary: A follow-up inspection was also conducted on March 23,2023 as a part of this report. At the time
of the inspections, the facility was found to not be in compliance with the City of Charlotte Storm Water Pollution Control
Ordinance. NOVs are being issued for an Illicit Discharge as a result of the spill which occurred on 3/17/2023 and for the
Improper Storage and Handling of Materials during this inspection. Please refer to the inspection report for comments,
deficiencies, and recommendations.
f
Site Inspection Deficiency Comments
Stormwater system (catch basins,
Yes
Stormwater flows through the site via sheet flow to a series of
inlets, outfalls, etc.)
catch basins, drainage channels and an SCM pond which
discharge through three outfalls. Discharges of sediment,
debris and waste materials were observed within the
stormwater system. CMSWS is issuing an NOV for an Illicit
Discharge which occurred on 3/17/2023. The facility should
remove sediment, debris and waste from the stormwater
system and remediate all affected areas as a part of the
clean up and corrective action response.
Erosion issues
Yes
Sediment and debris were observed on the interior roads
throughout the facility. The facility should clean and remove
sediment from interior roadways. The facility should
implement erosion control methods and good housekeeping
procedures to help protect water quality.
Structural stormwater control
Yes
The SCM pond was observed to be filled with waste material
measures (SCMs)
which accumulated from a spill that occurred on 3/17/2023.
The SCM pond functioned as the secondary containment for
the ASTs but was unable to contain all of the material.
CMSWS issued a Notice of Violation (NOV) for an Illicit
Discharge as part of the spill. The facility should conduct an
evaluation to determine if the SCM and current secondary
containment measures meet the post -construction guidelines
for the site.
•
((� To report pollution or drainage problems call: 311
CHARLOTTE_ http://stormwater.charmeck.org
3/28/2023 2:13:51 PM
0
Page 1 of 4

Site Inspection Deficiency Comments
Illicit discharges/connections
Yes
Waste material was observed on the ground and in the SCM
pond and associated outfall from a spill that occurred on 3/17
/2023. CMSWS issued an NOV for an Illicit Discharge as part
of the spill. The facility should clean and remediate all areas
affected by the spill and follow the corrective action and
response requirements of the issued NOV.
Aboveground storage tank(s) (ASTs)
Yes
The facility has several ASTs outdoors in the tank farm area.
and any associated venting and/or
A complete list of AST locations, sizes, contents, and
dispenser(s) — list tank size(s) and
processes can be found in the SWPPP. Approximately thirty
contents
275-gallon totes were observed outdoors. Several totes were
observed to be unsealed and/or missing labels. CMSWS is
issuing an NOV for Improper Storage and Handling of
Materials. The facility should adequately label all ASTs. The
facility should keep all outdoor storage containers sealed to
prevent stormwater exposure.
Underground storage tank(s) (USTs)
N/A
and any associated fill port area(s)
and dispenser(s) — list tank size(s)
and contents
Outdoor material storage area(s)
Yes
Food waste awaiting production was observed to be kept
outdoors in covered and uncovered areas. Open grease
containers, contaminated pallets, and decomposing food
waste were observed in areas which the waste could become
intermixed with stormwater runoff. CMSWS is issuing an
NOV for Improper Storage and Handling of Materials. The
facility should remove and properly store all food waste,
containers and pallets in a manner as to prevent stormwater
runoff pollution.
Outdoor processing area(s)
Yes
Some drains in the tank farm areas, which get pumped back
into the facility's wastewater reclamation system, were
observed to be clogged with inoperable pumps. Wastewater
was observed to be accumulating in several secondary
containment areas onsite. Wastewater discharges resulting
in staining on the sides of ASTs and outside bermed areas
was observed. The facility should maintain the processing
areas to ensure wastewater pollutants cannot become
intermixed with stormwater and discharge offsite.
Loading/unloading area(s)
Recommendation
Food waste was observed to be stored outdoors at the
process loading area. A solid waste compost by-product
process is completed in a covered area. Compost by-product
material was observed outside the containment area. The
facility should follow good housekeeping procedures to
ensure the solid waste compost by-product cannot become
intermixed with stormwater runoff and discharge to the
stormwater system.
Vehicle/equipment area(s) - fueling,
No
Per facility staff, equipment washing occurs in an area which
maintenance, washing, storage, etc.
drains to the facility's wastewater reclamation system.
Equipment is fueled at the diesel fuel ASTs. Oil changes and
light equipment maintenance is completed indoors. Other
maintenance is performed by an outside vendor. Vehicles and
equipment were observed to be stored indoors and outdoors.
Reference the "Outdoor Processing' section of the report for
deficiency recommendations.
•
((� To report pollution or drainage problems call: 311
CttARIAI'TE_ http://stormwater.charmeck.org
3/28/2023 2:13:51 PM
Page 2 of 4

Site Inspection Deficiency Comments
Oil/water separator and/or
No
The facility has a wastewater reclamation system which was
pretreatment
observed to be clogged with inoperable pumps during the
inspection. Please reference the "Outdoor Processing'
section of this report for deficiency recommendations.
Waste storage/disposal area(s) -
Yes
Eight open top waste dumpsters were observed to be
open tops, waste containers, scrap
uncovered outdoors. Anaergia staff stated that the dumpsters
metal bins, etc.
included food waste among other waste materials. Liquids
were observed leaking from the waste dumpsters and on the
ground surrounding the open top waste dumpsters. The
facility should clean and remediate all affected areas and
keep all outdoor waste containers covered to prevent
stormwater exposure.
Food service area(s)
N/A
Indoor material storage area(s)
Recommendation
Food waste was observed to be stored indoors before being
added to the facility's anaerobic digestion process. Liquid and
food waste products were observed being tracked by
equipment to the outside. The facility should implement good
housekeeping procedures to help protect water quality.
Indoor processing area(s)
No
Food waste is sorted and grinded indoors. The processed
material is then pumped to the outdoor ASTs to begin the
anaerobic digestion process. Reference the 'Indoor Material
Storage' section of the report for recommendations.
Floor drains
No
Several drains in the facility's tank farm areas, which get
pumped back into the facility's wastewater reclamation
system, were observed to be clogged with inoperable pumps.
Reference the 'Outdoor Processing' section of this report for
deficiency recommendations.
Spill response equipment
Recommendation
Spill response equipment was observed at the facility;
however, spill response equipment was not observed at the
signed designated areas onsite. CMSWS recommends
keeping spill response equipment in the designated areas
throughout the facility.
SWPPP Section Observed Comments
Does the facility have a Stormwater
Yes
Pollution Prevention Plan (SWPPP)?
Reviewed and updated annually
No
The SWPPP was last updated in December of 2021. The
facility should review and update the SWPPP annually.
Responsible party
Yes
General location (USGS) map
Yes
Detailed site map
Recommendation
A detailed site map was observed in the SWPPP. The map
did not include a diagram for the wastewater reclamation
system for the facility. The facility should create a drainage
map for the facility's wastewater reclamation system.
Narrative description of industrial
Yes
processes
Feasibility study
Yes
Evaluation of stormwater outfalls (non
No
A non-stormwater discharge evaluation was not observed in
-stormwater discharge evaluation)
the SWPPP. The facility should conduct annual non-stormwa
ter discharge evaluations per the NCG060000 permit, Part B-
6.
Stormwater best management
Yes
practice (BMP) summary
•
(& To report pollution or drainage problems call: 311
CttARIAI'TE_ http://stormwater.charmeck.org
3/28/2023 2:13:51 PM
0
Page 3 of 4

SWPPP Section Observed Comments
Secondary containment plan (all
Recommendation
A secondary containment plan is listed in the SWPPP.
necessary secondary containment
NOVs have been issued to the facility for an Illicit Discharge
provided and documented)
and Improper Storage and Handling of Materials. The facility
should re-evaluate secondary containment measures onsite.
Records on every release from a
No
Records of secondary containment inspections were
secondary containment system (for
observed; however, no records for the release of material from
the last 5 years)
secondary containment were observed. The facility should
record all releases from secondary containment in the
SWPPP per the NCG060000 permit, Part B-8.(e).
Spill prevention and response
Yes
procedures (SPRP)
List of significant spills or leaks (for
No
No spill log was observed. The facility should document all
the last 3 years)
spills in a spill log per the NCG060000 permit, Part B-9(f).
Solvent management plan (SMP)
No
No SMP was observed in the SWPPP. The facility should
update the SWPPP to include a SMP per the NCG060000
permit, Part B-10.
Preventative maintenance and good
Yes
housekeeping program (PMGHP)
Facility inspections conducted as
Recommendation
Facility inspection were conducted and recorded on 7/11/202
required
2, 9/21/2022, and 2/10/2023. Inspections were not observed
for quarters 2 and 4 in 2022. The facility should conduct
inspections per the NCG060000 permit, Part B-11.
Employee training (provided and
Yes
Employee training was provided and documented on 2/15/202
documented)
3.
Qualitative/Analytical Monitoring Observed Comments
Qualitative monitoring conducted as
No
No qualitative moniitoring results were observed. The facility
required
should conduct qualitative monitoring quarterly per the
NCG060000 permit, Part D.
Analytical monitoring conducted as
Recommendation
Analytical Monitoring was conducted on 1/19/2022, 3/22/202
required
2, 6/23/2022, and 1/16/2023. Monitoring results were only
observed for one outfall during each monitoring event.
Monitoring at all outfalls was not observed to be completed
quarterly as required. The facility should conduct analytical
monitoring per the NCG060000 permit, Part E.
Analytical monitoring for onsite
N/A
vehicle and equipment maintenance
as required
Permit and Outfalls Observed Comments
Copy of permit and certificate of
Yes
Certificate of coverage # NCG060387.
coverage onsite
All outfalls observed
Yes
Waste material from the spill which happened on 3/17/2023
was observed in the onsite SCM pond and at the associated
outfall. CMSWS issued an NOV for an Illicit Discharge as
part of the spill. All waste material should be removed from
the outfall area. Reference the'SCM' and 'Illicit Discharge'
sections of this report for deficiency recommendations.
Number of Outfalls Observed
3
Representative outfall status
N/A
documented by DEMLR
Annual no -exposure self re-certificatio
N/A
n documented
•
((� To report pollution or drainage problems call: 311
CttARIAI'TE_ http://stormwater.charmeck.org
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