6033_Orbit_SpillOdorFishKill_20210901

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MECKLENBURG COUNTY
Land Use and Environmental Services Agency
-AIR QUALITY -
August 27, 2021
<Issued via Email and US Mail>
Mr. Kevin Kearney, CEO
Orbit Energy Charlotte, LLC
11510 N Community House Road
Charlotte, North Carolina 28277
kevin. keameykentropyim. com
Re: Notice of Objectionable Odor
Orbit Energy Charlotte, LLC — 600 Johnson Road, Charlotte, NC 28206
Dear Mr. Kearney:
This notification is being sent as a result of an odor investigation conducted by Andrew Deal of Mecklenburg
County Air Quality (MCAQ) on August 17, 2021, in response to a citizen complaint. The investigation
confirmed the presence of an off -site objectionable odor originating from Orbit Energy Charlotte, LLC.
Please be advised that Mecklenburg County Air Pollution Control Ordinance ("MCAPCO") Regulation
1.5109 - "Nuisance", states:
"No person shall cause, suffer, allow, or permit the discharge from any source whatsoever such quantities of
air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any number of
persons or to the public or which endanger the comfort, repose, health, or safety of any such persons or the
public or which cause or have a natural tendency to cause injury or damage to business or property. "
Also, be advised that MCAPCO Regulation 1.5110 - "Control and Prohibition of Odorous Emissions", states
in part:
"The owner or operator of a facility subject to this Regulation shall not operate the facility without
implementing management practices or installing and operating odor control equipment sufficient to prevent
odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's
boundary. "
Evidence of Objectionable Odor
On August 17, 2021, Andrew Deal of MCAQ substantiated the objectionable odor from Orbit Energy
Charlotte, LLC. The facility was contacted to determine the source of the odor and determined that two
loads of feedstock contained higher than normal levels of surfactants/cleaning agents causing excess foam to
spill out of the bio-pulper tank, resulting in the objectionable odor.
PEOPLE • PRIDE • PROGRESS • PARTNERSHIP
2145 Suttle Avenue• Charlotte, NC 28208 • [phone] • FAX [phone]
http: //airquality. channe ck. org

Mr. Kevin Kearney, CEO August 27, 2021
Orbit Energy Charlotte, LLC
Compliance Requirements
MCAQ requires that Orbit Energy Charlotte, LLC take immediate corrective action to minimize
odorous emissions such that they are not detected with recurring frequency beyond the facility's
property boundary.
Therefore, MCAQ requires that Orbit Energy Charlotte, LLC submit a written standard operatingprocedure
(SOP)by September 30, 2021, detailing the actions to be taken to minimize and prevent foam spills at the
facility. At a minimum, the plan shall include:
• Steps to ensure feedstock raw material is free of excess levels of surfactants, cleaning agents, or any
other materials that may cause excess foam;
• Steps to monitor or ensure bio-pulper tanks do not overflow; and,
• Steps to ensure all other related process tanks do not overflow.
Submit the plan to MCAQ along with a certification that proper plant personnel have been informed and
trained on the procedures.
Compliance History
Be advised that the following process upsets have been reported by Orbit Energy Charlotte, LLC to MCAQ:
• On April 13, 2021 — the facility reported the discharge of digestate near the centrifuge building and
cold digester and a foam spill from the nitrification tank in the wastewater pretreatment area.
• On May 28, 2018 — the facility reported that a foam discharge event occurred.
Recurrence of objectionable odors or failure to comply with the requirements in this notice can result in the
requirement to install Maximum Feasible Controls in accordance with MCAPCO Regulation 1.5113 —
"Determination of Maximum Feasible Controls for Odorous Emissions" and the assessment of civil
penalties, legal action, or other remedies by MCAQ. Be notified that MCAPCO Regulation 1.5304 provides
that a civil penalty of not more than twenty-five thousand dollars ($25,000) may be assessed for each air
violation. Each day of continuing violation after a violator receives written notification from the Director
shall be considered a separate violation.
Sincerely,
Jason Rayfield
Air Quality Program Manager
ACD: smh
C: Donna Cavaliere, MCAQ
Andrew Deal, MCAQ
Aaron Matijow, MCAQ
Jason Rayfield, MCAQ
Leslie Rhodes, MCAQ
Zack Morgan, Orbit Energy Charlotte - LLC

From: Smith, Ryan P. <[e-mail]>
Sent: Wednesday, September 1, 2021 1:30 PM
To: Wilson, Donna J
Cc: Bradford, Teresa
Subject: [External] FW: [External]RE: Fish Kill
Attachments: image001.jpg; image002.png; image002.png; image003.png; image004jpg; image005.jpg; 2021-Orbit
Energy Objectionable Odor Letter_signed.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Please see the attached NOV that Air Quality issued to Orbit last week.
Ryan P. Smith I Environmental Specialist
Mecklenburg County Solid Waste
2145 Suttle Avenue
Charlotte, NC 28208
Office: [phone]
Cell: [phone]
From: Hack, Joe <[e-mail]>
Sent: Wednesday, September 1, 2021 12:46 PM
To: Smith, Ryan P. <[e-mail]>
Subject: Fwd: [External]RE: Fish Kill
Sent from my iPhone
Begin forwarded message:
From: "Smithberger, Jeffrey" <[e-mail]>
Date: September 1, 2021 at 11:40:37 AM EDT
To: "Hack, Joe" <[e-mail]>
Cc: "Hoffman, Steve" <Steve. Hoff [e-mail]>
Subject: FW: [External]RE: Fish Kill
FYY 1
Jeffrey Smithberger, Director
Solid Waste Management Program
Mecklenburg County, NC
2145 Suttle Avenue
Charlotte, NC 28208
Cell: 704-330-3910
I nfol-i ne: 980-314-3867

www.WioeOutWaste.com
From: Rhodes, Leslie <[e-mail]>
Sent: Wednesday, September 1, 2021 11:30 AM
To: Canaan, Dave <[e-mail]>; Gujjarlapudi, Ebenezer S
<[e-mail]>; Johnson, Leslie
<[e-mail]>
Cc: Smithberger, Jeffrey <Jeffrey.Smithberger@ mecklenburgcountync.gov>
Subject: RE: [External]RE: Fish Kill
Thanks Dave. See enforcement letter from MCAQ to Orbit issued last week for an incident that occurred
on 8/17/21. Jason can provide the details on this if you have any questions.
Leslie H. Rhodes
Director
Mecklenburg County Air Quality
2145 Suttle Avenue
Charlotte, NC 28208-5237
Direct: 980-314-3366
Fax: [phone]
[e-mail]
From: Canaan, Dave <[e-mail]>
Sent: Wednesday, September 1, 2021 10:59 AM
To: Gujjarlapudi, Ebenezer S <[e-mail]>; Johnson, Leslie
<[e-mail]>
Cc: Rhodes, Leslie <[e-mail]>; Smithberger, Jeffrey
<[e-mail]>
Subject: FW: [External]RE: Fish Kill
FYI — we are working on a fish kill in the Little Sugar Creek watershed. Contaminant found from Antando
ST down to CPCC. The discharge came from the Orbit Energy site.
See below — I am getting a debrief at 1PM today, assuming that does not take staff away from the
response.
I will provide updates as significant changes occur.
Dave
From: Spidel, Ryan <[e-mail]>
Sent: Wednesday, September 1, 2021 9:31 AM
To: Canaan, Dave <[e-mail]>
Subject: Fwd: [External]RE: Fish Kill
Dave,

Please see the information below about a fish kill we are working on. Please let me know if you have
any questions.
Ryan
Ryan Spidel, CFM
Environmental Supervisor
Charlotte -Mecklenburg Storm Water Services
Mecklenburg County 12145 Suttle Avenue I Charlotte, NC 28208
[phone] 1 [e-mail] I StormWater.CharMeck.org
CMSWS Automated Water Ouality Monitorine Network
Begin forwarded message:
From: "Spidel, Ryan" <[e-mail]>
Date: September 1, 2021 at 9:21:54 AM EDT
To: WQ Staff<[e-mail]>, "Smith, Ashley M."
<[e-mail]>, "Thao, John"
<[e-mail]>
Subject: Fwd: [External]RE: Fish Kill
FYI
Ryan Spidel, CFM
Environmental Supervisor
Charlotte -Mecklenburg Storm Water Services
Mecklenburg County 12145 Suttle Avenue I Charlotte, NC 28208
[phone] 1 [e-mail] I StormWater.CharMeck.org
CMSWS Automated Water Quality Monitoring Network
Begin forwarded message:
From: "Miller, Craig" <[e-mail]>
Date: September 1, 2021 at 9:16:09 AM EDT
To: "Davis, Mike (STW)" <[e-mail]>, "Desai, Kruti"
<[e-mail]>, "Recktenwald, Marc"
<[e-mail]>, "Currence, Sharnelle"
<[e-mail]>, "Dodd, Alyssa"
<Alyssa.Dodd @charlottenc.gov>
Cc: "Jadlocki, Steve" <[e-mail]>, "DeCristofaro,
Andrew" <[e-mail]>, "Spidel, Ryan"
<[e-mail]>
Subject: [External]RE: Fish Kill
CAUTION: This email originated from outside of the organization. Do
not click links or open attachments unless you recognize the sender and
know the content is safe.
Hello,

Update on the fish kill. County staff are in the field today doing further
investigation. They've found dead fish/aquatic life in Little Sugar Creek
as far as the CPCC main campus as the slug of discharged material
moves down the creek (see map below with red line showing the path
and distance of flow). Orbit Energy's lab tested the material and found
very high ammonia levels (1000 mg/L) which is believed to be killing the
aquatic life. Dissolved oxygen levels are fairly normal. Staff are
debating whether to ask Charlotte Water to open fire hydrants to help
dilute the creek but worry about that pushing the material further and
faster downstream. Because it is entirely mixed within the stream,
there's little that can be done to remove the material in a large stream
like Little Sugar. DEQ was notified and they responded to the scene
yesterday and are communicating with our County colleagues.
The discharge started on Sunday and was discovered Monday morning
when staff arrived. It was not reported to CMSWS until late Tuesday
afternoon. Orbit Energy workers were transferring contents from one
tank to another and they're not sure what happened, but material
overflowed from the tank, entered their containment area, and
unfortunately the valve on the containment area was left open, causing
it to enter the adjacent creek. Orbit Energy stated that they believe
they were the victims of sabotage but staff are investigating further to
determine the cause. Orbit Energy converts food waste into biogas
energy using an anaerobic digestion process.
I think we should release some information to the public especially since
the creek is very visible from the greenway. Sharnelle, can you please
work with Alyssa and others to decide what to send out? Ryan Spidel
with the County has been my point of contact (980-721-3762). Since I'll
be leaving on vacation later this morning and not back until next
Tuesday, Andrew DeCristofaro will be our point of contact for helping
get information (704-517-8771). Thank you, Craig
Craig Miller
NPDES Permit Supervisor
Storm Water Services
600 East 4th Street 114th Floor I Charlotte, NC 28202
[phone] 1 [e-mail] I charlottenc.gov
From: Miller, Craig
Sent: Tuesday, August 31, 2021 12:26 PM
To: Recktenwald, Marc <[e-mail]>;
Currence, Sharnelle <[e-mail]>; Dodd,
Alyssa <Alyssa.Dodd @charlottenc.gov>
Cc: DeCristofaro, Andrew <[e-mail]>
Subject: FW: Fish
Hello,
4

Please see below about a fish kill in a tributary to Little Sugar Creek
south of 85 and west of Sugar Creek Rd. Result of a spill from Orbit
Energy. I believe we've had issues with them before. County staff are
responding and will let us know more later.
Thank you,
Craig Miller
NPDES Permit Supervisor
Storm Water Services
600 East 4th Street 114th Floor I Charlotte, NC 28202
[phone] 1 [e-mail] 1 charlotienc.gov
From: Spidel, Ryan <[e-mail]>
Sent: Tuesday, August 31, 2021 12:14 PM
To: WQ Staff<[e-mail]>; Miller, Craig
<[e-mail]>
Cc: Thao, John <[e-mail]>; DeCristofaro,
Andrew <[e-mail]>
Subject: FW: Fish
EXTERNAL EMAIL: This email originated from the Internet. Do not click any images, links or open any attachments unless you recognize and true
know the content is safe. Please click the Phish Alert button to forward the email to Bad.Mail.
Good afternoon. There is an active fish kill in Derita Branch as a result
of a spill from Orbit Energy (600 Johnson Road). John is on the way to
collect DO readings and see the full extent of the kill. Richard is going to
Orbit Energy to check on the cleanup process. We will update you as
we find out more information, but I wanted to give everyone a heads up
in case we get more calls about a fish kill in Derita Branch and/or Little
Sugar Creek.
-Ryan
Ryan Spidel, CFM
Environmental Supervisor
Charlotte -Mecklenburg Storm Water Services
Mecklenburg County 1 2145 Suttle Avenue Charlotte, NC 28208
[phone] 1 [e-mail] StormWater.CharMeck.org
CMSWS Automated Water Quality Monitoring Network
We are passionate about making our environment safe and healthy
by reducing flood losses and improving water qualityfor all.
From: Spidel, Ryan <[e-mail]>
Sent: Tuesday, August 31, 2021 12:09 PM

To: Spidel, Ryan <[e-mail]>
Subject: Fish
Ryan Spidel, CFM
Environmental Supervisor
Charlotte -Mecklenburg Storm Water Services
Mecklenburg County 1 2145 Suttle Avenue I Charlotte, NC 28208
980 721-
3762 1 [e-mail] IStormWater.CharMeck.org
CMSWS Automated Water Qualitv Monitorine Network

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