6033_Orbit Energy_spill_20170502

From: Bradford, Teresa
Sent: Wednesday, May 2, 2018 3:45 PM
To: Wilson, Donna
Subject: FW: Orbit Energy/Entropy
See below.
Teresa Bradford
Environmental Senior Specialist
Division of Waste Management — Solid Waste Section
Department of Environmental Quality
704-235-2160 office
919-621-3683 mobile
[e-mail]
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
:.7�'iVothing Compares --,,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Watkins, Jason
Sent: Wednesday, May 02, 2018 3:41 PM
To: Bradford, Teresa <[e-mail]>; Aja, Deborah <[e-mail]>
Subject: Fwd: Orbit Energy/Entropy
See below
Jason M. Watkins, CPM
Field Operations Branch Head
Division of Waste Management — Solid Waste Section
Department of Environmental Quality
Office: 336-776-9674
[e-mail]
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties
-------- Original message --------
From: "Scott, Michael" <[e-mail]>
Date: 5/2/18 3:26 PM (GMT-05:00)

To: "Watkins, Jason" <[e-mail]>, "Mussler, Ed" <[e-mail]>, "Lorscheider,
Ellen" <[e-mail]>
Cc: "Ulishney, Adam" <[e-mail]>
Subject: RE: Orbit Energy/Entropy
Thank you Jason. I spoke with Jim Lanier of Stanley Env Solutions late yesterday who asked
us to check on the site. He said they have had several releases at the Orbit site with one impacting a nearby
creek.
Please keep us updated.
Michael E. Scott
Director
Division of Waste Management
North Carolina Department of Environmental Quality
919-707-8246 office
Michael.scott(cDncdenr.gov
217 West Jones Street
1646 Mail Service Center
Raleigh, NC 27699
N' Z-
- Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Watkins, Jason
Sent: Wednesday, May 2, 2018 2:55 PM
To: Mussler, Ed <[e-mail]>; Scott, Michael <[e-mail]>; Lorscheider, Ellen
<[e-mail]>
Cc: Ulishney, Adam <[e-mail]>
Subject: Fwd: Orbit Energy/Entropy
See below from Teresa as a heads up. I understand Adam is aware as they are using Septage trucks
to vacuum up what was already on the ground and hadn't made it into the creek. There is/was a
substantial volume left in the system, not sure what they intend to do next as she told me earlier they
needed to empty the system to evaluate and repair the leak.
I'll have Teresa provides updates as she gets them from the facility.
Jason M. Watkins, CPM
Field Operations Branch Head
Division of Waste Management — Solid Waste Section

Department of Environmental Quality
Office: 336-776-9674
[e-mail]
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties
-------- Original message --------
From: "Bradford, Teresa" <[e-mail]>
Date: 5/2/18 2:49 PM (GMT-05:00)
To: [e-mail]
Cc: Aaron Caudle <[e-mail]>, "Aja, Deborah" <[e-mail]>,
"Watkins, Jason" <[e-mail]>
Subject: Orbit Energy/Entropy
Jeff,
As discussed, please e-mail me the nature and cause of the release, and include any cleanup activities. As I
understand from our telephone conversation, the release has been stopped as of approximately 8:00 p.m.
yesterday.
Thanks,
Teresa Bradford
Environmental Senior Specialist
Division of Waste Management — Solid Waste Section
Department of Environmental Quality
704-235-2160 office
919-621-3683 mobile
teresa.bradford(a)ncdenr.gov
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
­�Ncthtng Compares .
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Bradford, Teresa
Sent: Friday, May 4, 2018 1:00 PM
To: Aja, Deborah; Watkins, Jason; Mussler, Ed; Wilson, Donna; Lorscheider, Ellen;
Scott, Michael
Subject: FW: [External] FW: 600 Johnson Rd
Attachments: Orbit - Entropy Investment Management LLC - 1st NOV 11-02-2017.pdf; Orbit
Energy Charlotte LLC - 2nd NOV 01-31-2018.pdf; Orbit Energy Charlotte LLC -
3rd NOV NRE.PDF
I visited Orbit Energy yesterday along with Aaron Caudle with Mecklenburg County. Photographs from my site
visit as well as Aaron's can be found at S:\Solid Waste\FIELD OPERATIONS BRANCH\Counties\Mecklenburg\60-
33 Orbit Energy . I have also placed a .pdf of some bullet points of the spill and my site visit in the folder.
Before we left yesterday, we met with Matthew Phillips with Charlotte -Mecklenburg Stormwater
Services. Apparently there have been three spills at the facility. I know we were only aware of one other spill
besides this last one. Charlotte -Mecklenburg Stormwater Services has issued three NOVs with the last one
being a Notice of Recommendation for Enforcement. I requested that Matthew forward the NOVs to Aaron
which are attached.
Also, see below. Aaron received a call from the Plant Superintendent this morning. Please let me know if you
have any questions.
Thanks,
Teresa Bradford
Environmental Senior Specialist
Division of Waste Management — Solid Waste Section
Department of Environmental Quality
704-235-2160 office
919-621-3683 mobile
[e-mail]
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
-- `Nothing Compares .
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Caudle, Aaron [mailto:[e-mail]]
Sent: Friday, May 04, 2018 9:13 AM
To: Bradford, Teresa <[e-mail]>
Cc: Hack, Joe <Joe.Hack@ mecklenburgcountync.gov>; Adams, Khaliem 0

<[e-mail]>
Subject: [External] FW: 600 Johnson Rd
External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment
to Report Spam.
Teresa,
These are the 3 NOV's that have been issue to Orbit Energy because of incidents at the Blue Sphere Anaerobic
Digester plant. As I mentioned this morning, the plant manager Jeff Lipert left me a message early this morning
stating that tank 92 had splashed outside of the tank containment, but is being cleaned up and contained. Also,
that another tank had begun to overflow and is staying in the containment area currently, but some may end up
on the ground. I will keep you updated as I receive more information.
Thanks.
Aaron Caudle
Environmental Specialist
Mecklenburg County
2145 Suttle Avenue
Charlotte, NC 28208
(0): 980-314-3854
(C): 704-507-0744
From: Phillips, Matthew
Sent: Thursday, May 3, 2018 4:00 PM
To: Caudle, Aaron <[e-mail]>
Subject: 600 Johnson Rd
Hello Aaron,
Attached are the 3 NOV's we issued to Orbit Energy Charlotte, LLC for their facility at 600 Johnson Rd. I don't
know if you have access to CityWorks, but here are the Service Request numbers:
NOV 1— SR 22205
NOV 2 — SR 25021
NOV 3 — SR 30010
There are also two other service request associated with that site that did not result in an NOV, they are SR
16348 and SR 16365. They were starting to flush the tributary when I left and will hopefully be completed with
its cleanup by tomorrow. Let me know if there is any other info you need, thanks.
Matthew Phillips, Environmental Specialist
Charlotte -Mecklenburg Storm Water Services
Water Quality Program
2145 Suttle Avenue
Charlotte, NC 28208-5237

704-582-1786 (mobile)
NA Consider the environment before printing this email or the attachment.

Charlotte -Mecklenburg
STORM
WATER
services
November 2nd, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Entropy Investment Management, LLC
Attention: Mr. David March, Managing Partner
14120 Ballantyne Corporate Place Suite 400
Charlotte, NC 28277-2890
Dear Mr. David March:
2145 Suttle Avenue
Charlotte, NC 28208-5237
Subject: NOTICE OF VIOLATION
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a), Illicit Discharge(s) and
Disposal(s)
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 has
adopted a Stormwater Pollution Control Ordinance (the "Ordinance") which was amended and
effective as of June 9, 2008.
On October 24th, Mr. Corey Baumgardner of Charlotte -Mecklenburg Storm Water Services
(CMSWS) conducted an investigation at 600 Johnson Road in Charlotte, North Carolina. The
investigation was conducted under authority granted by the Ordinance, as specified in Section 18-
82, Powers and Authority for Inspection. As a result of the investigation, the following conditions
were observed at the investigation location in violation of the Ordinance, Section 18-80(a), Illicit
Discharge(s) and Disposal(s):
Anaerobically digested food waste was observed discharged to the ground around the
holding tanks and along the stream bank at Orbit Energy Charlotte, LLC located at 600
Johnson Road.
The investigation determined that Entropy Investment Management, LLC is the "Person"
responsible for the violation, as defined by the Ordinance. As such, Mr. Zack Morgan with
Entropy Investment Management, LLC was verbally notified of the violation on November 1 St,
2017 and directed to immediately cease the discharge causing the violation. To achieve
compliance with the legal requirements of the Ordinance, Entropy Investment Management, LLC
must implement the corrective actions listed below:
�•
W/ To report pollution or drainage problems call: 311
CHARLOTTE http://stormwater. charm eck.org

Entropy Investment Management, LLC
Attention: Mr. David March
page two
November 2"d, 2017
• Immediately cease any discharge contributing to the violation if not done so
already; and,
• Restore areas affected by the violation, as described above, to their pre -violation
condition; and,
• Take appropriate remedial and/or preventive actions to prevent future illegal
discharges.
Entropy Investment Management, LLC is required to submit a written response to this office
within ten (10) days following receipt of this notice. The response should specify 1.) why the
violation occurred, 2.) the actions taken to correct the violation, 3.) the actions taken to restore the
affected areas, 4.) the actions taken to prevent the occurrence of violations in the future, and 5.)
any other information or explanation Entropy Investment Management, LLC wishes to present
regarding the violation. The response will be taken into consideration in penalty assessment
decisions. Please send the response to:
Charlotte -Mecklenburg Storm Water Services
Attention: John McCulloch
2145 Suttle Ave.
Charlotte, NC 28208-5237
In accordance with the Ordinance, Section 18-83(c) Civil Penalties, Entropy Investment
Management, LLC is subject to civil penalties of up to Five Thousand Dollars ($5,000.00) per day
beginning with the first day of violation and every day thereafter up until the violation ceases. It
is Entropy Investment Management, LLC responsibility to contact the Investigator (Corey
Baumgardner at [phone]) immediately upon ceasing the violation and restoring the areas
affected by the violation in order to document compliance with the Ordinance and to minimize the
total potential penalty. Unless scheduled earlier by Entropy Investment Management, LLC, a
follow-up inspection will occur no later than November 14d', 2017 to determine compliance with
the Ordinance. Please note that until that determination occurs, Entropy Investment Management,
LLC will continue to be in violation of the Ordinance.
CMSWS will take any steps necessary to secure compliance with the Ordinance. One such step is
that CMSWS or a contractor designated by CMSWS may abate a violation and/or restore
impacted areas to their pre -violation condition should Entropy Investment Management, LLC 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 CMSWS for such violation
abatement and/or restoration work will be charged to Entropy Investment Management, LLC, in
addition to the civil penalty.
If you have any questions or would like to request a meeting with CMSWS to discuss the violation
and provide additional information, please contact me at [phone] within ten (10) days
following receipt of this notice. Please be aware that a meeting request or an
� To report pollution or drainage problems call: 311
\W/ http://stormwater.chzarmeck.oror
CHARLOTTE.

Entropy Investment Management, LLC
Attention: Mr. David March
page three
November 2nd, 2017
actual meeting with CMSWS does not relieve Entropy Investment Management, LLC from
completing the corrective actions listed above and does not negate a potential penalty.
Achieving and maintaining compliance with Section 18-80(a) of the Ordinance does not relieve
Entropy Investment Management, LLC from complying with other sections of the Ordinance or
other local, state, or federal regulations.
For your information, the Ordinance is available for view on the Internet at:
http://charlottene. Gov/StonnWater/Regulations/Documents/CharlotteS WPollControlOrdO6O92008
Rdf. Copies of the Ordinance are also available in print or PDF file format from CMSWS upon
request.
Your prompt cooperation in this matter is requested.
Sincerely,
L�
John McCullo h
Water Quality Supervisor
Charlotte -Mecklenburg Storm Water Services
cc: Steve Jadlocki, CMSWS
Rusty Rozzelle, CMSWS
FILE: NOV Cityworks Activity Report #33726
To report pollution or drainage problems call: 311
http://stormwater.charmeck.org
CHARLOTTE,_

Charlotte -Mecklenburg
STuRm 2145 Suttle Avenue
Charlotte, NC 28208-5237
- ` services
January 31, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Orbit Energy
Attention: Mr. Jeff Lippert, Plant Superintendent
600 Johnson Rd.
Charlotte, NC, 28206
Subject: SECOND NOTICE OF VIOLATION
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a), Illicit Discharge(s) and
Disposal(s)
Dear Mr. Lippert:
North Carolina General Statute 160A-459 authorizes cities to adopt and enforce .a4ormwater
control ordinance to protect water quality and control water quantity. The City of Charlotte has
adopted a Stormwater Pollution Control Ordinance (the "Ordinance") which was amended and
effective as of June 9, 2008.
On January 29, 2018, Mr. Alex Hattaway of Charlotte -Mecklenburg Storm Water Services
(CMSWS) conducted an investigation at 600 Johnson Rd. in Charlotte, North Carolina. The
investigation was conducted under authority granted by the Ordinance, as specified in Section 18-
82, Powers and Authority for Inspection. As a result of the investigation, the following conditions
were observed at the investigation location in violation of the Ordinance, Section 18-80(a), Illicit
Discharge(s) and Disposal(s):
Anaerobically digested food waste was observed discharged to the ground around the
holding tanks and along the stream bank at Orbit Energy Charlotte, LLC located at 600
Johnson Rd.
The investigation determined that Orbit Energy is the "Person" responsible for the violation, as
defined by the Ordinance. As such, Mr. Jeff Lippert with Orbit Energy was verbally notified of
the violation on January 29, 2018 and directed to immediately cease the discharge causing the
violation. To achieve compliance with the legal requirements of the Ordinance, Orbit Energy
must implement the corrective actions listed below:
`�► To report pollution or drainage problems call: 311
CHARLOTTE http://stormwater.charmeck.org a.

Orbit .Energy
Attention: Mr, Jeff Lippert
page two
January 31, 2018
Immediately cease any discharge contributing to the violation if not done so
already; and,
Restore areas affected by the. violation, as described above, to their pre -violation
condition; and,
Take appropriate remedial and/or preventive actions to preventfuture illegal
discharges,
Orbit Energy is required to submit a written response to this office within ten (10) days following
receipt of this notice. The response should specify 1.) why the violation occurred, 2.) the actions
taken to correct the violation, 3.) the actions taken to restore the affected areas, 4.) the actions
taken to prevent the occurrence of violations in the future, and 5.) any other information or
explanation Orbit Energy wishes to present regarding the violation, The response will be taken
into consideration in penalty assessment decisions. Please send the response to:
Charlotte-Meelclenburg Storm Water Services
Attention: Olivia Edwards
2145 Suttle Ave.
Charlotte, NC 28208-5237
Please be advised that a previous Notice of Violation was issued on November 2, 2017 to. Orbit
Energy for violation of the Ordinance at 600 Johnson Rd, in Charlotte, North Carolina.
In accordance with the Ordinance, Section 18-83 (c) Civil Penalties, Orbit Energy is subject to civil
penalties of up to Five Thousand Dollars ($5,000.00) per day beginning with the first day of
violation and every day thereafter up until the violation ceases, It is Orbit Energy's
responsibility to contact the Investigator (Alex Hattaway, at 704-506-3693 immediately upon
ceasing the violation and restoring the areas affected by the violation in order to docunie' nt
compliance with the Ordinance and to minimize the total potential penalty. Unless scheduled
earlier by Orbit Energy, a follow-up inspection will occur no later than February 12, 2018 to
determine compliance with the Ordinance. Please note that until that deterininaiion occurs, Orbit
Energy will continue to be in violation of the Ordinance,
CMSWS will take any steps necessary to secure compliance with the Ordinance. One such step is
that CMSWS or a contractor designated by CMSWS inay abate a violation and/or restore
impacted areas to their pre -violation condition should Orbit Energy 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 CMSWS for such violation abatement and/or
restoration work will be charged to Orbit Energy, in addition to the civil penalty.
�• To report pollution or ctrafiage problems call: 311
\\` http://stormwiiter, elhnrmecI<,org
t:itnMAWYE
G.

Orbit Energy
Attention: Mr. Jeff Lippert
page tree
January 31, 2018
If you have any questions or would life to request a meeting with CMSWS to discuss the violation
and provide additional information, please contact me -at 908-721 2056 within ten (10) days
following receipt of this notice. Please be aware that a meeting request or an.
actual meeting with CMSWS does not relieve Orbit Energy from completing the corrective actions
listed above and does not negate a potential penalty.
Achieving and maintaining compliance with Section 18-80(a) of the Ordinance does not relieve
Orbit Energy from complying with other sections of the Ordinance or other local, state, or federal
regulations.
For your information, the Ordinance is available for view on the Internet at:
hiip: //charlottene. Gov/StormWater/Regulations/Docuinents/CharlotteS WPollCoiitrolOrdO6O92008
_L. Copies of the Ordinance are also available in print or PDF file format ftom CMSWS upon
request.
Your prompt cooperation in this matter is requested.
Sincerely,
Olivia Edwards
Water Quality Supervisor
Charlotte-Meeldenburg Storm Water Services
OJE/ALH
Enclosures: Copy of Previous Notice of Violation, November 2, 2017
cc: Steve Jadlocki, CMSWS
Rusty Rozzelle, CMSWS
FILE; NOV Cityworks Activity Report #35154
Ob��To � report pollution or drainage problems call: 311
http://stormwater,cha rtnecic.org
CI 1AHMM". Is.

Charlotte -Mecklenburg
STORM 2145 Suttle Avenue
rll �� Charlotte, NC 28208-5237
W
Servicesl--
May 1, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Orbit Energy Charlotte, LLC
Attention: Mr. Kevin Kearney, Chief Executive Officer
14120 Ballantyne Corporate Place, Suite 400
Charlotte, NC 28277
Subject: THIRD NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a), Illicit Discharge(s) and
Disposal(s)
Dear Mr. Kearney:
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 has
adopted a Stormwater Pollution Control Ordinance (the "Ordinance") which was amended and
effective as of June 9, 2008.
On April 28, 2018, Mr. Matthew Phillips of Charlotte -Mecklenburg Storm Water Services
(CMSWS) conducted an investigation at 600 Johnson Road in Charlotte, North Carolina. The
investigation was conducted under authority granted by the Ordinance, as specified in Section 18-
82, Powers and Authority for Inspection. As a result of the investigation, the following conditions
were observed at the investigation location in violation of the Ordinance, Section 18-80(a), Illicit
Discharge(s) and Disposal(s):
Anaerobically digested food waste was observed discharging to the ground around the
holding tanks and directly to an unnamed tributary to Little Sugar Creek.
The investigation determined that Orbit Energy Charlotte, LLC is the "Person" responsible for the
violation, as defined by the Ordinance. As such, Mr. Jeff Lippert with Orbit Energy Charlotte,
LLC was verbally notified of the violation on April 28, 2018 and directed to immediately cease
the discharge causing the violation. To achieve compliance with the legal requirements of the
Ordinance, Orbit Energy Charlotte, LLC must implement the corrective actions listed below:
• Immediately cease any discharge contributing to the violation if not done so
already; and,
•
To report pollution or drainage problems call: 311t
CI1AR TI?_ http://stormwater.charmeck.org

Orbit Energy Charlotte, LLC
Attention: Mr. Kevin Kearney
page two
May 1, 2018
• Restore areas affected by the violation, as described above, to their pre -violation
condition; and,
• Take appropriate remedial and/or preventive actions to prevent future illegal
discharges.
Orbit Energy Charlotte, LLC is required to submit a written response to this office within ten (10)
days following receipt of this notice. The response should specify 1.) why the violation occurred,
2.) the actions taken to correct the violation, 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 invoices for
costs incurred to correct the violation and restore affected areas, and 6.) any other information or
explanation Orbit Energy Charlotte, LLC wishes to present regarding the violation. The response
will be taken into consideration in penalty assessment decisions. Please send the response to:
Charlotte -Mecklenburg Storm Water Services
Attention: Mrs. Olivia Edwards
2145 Suttle Ave.
Charlotte, NC 28208-5237
Please be advised that previous Notices of Violation were issued on November 2, 2017 to Entropy
Investment Management, LLC and on January 31, 2018 to Orbit Energy for similar violations of
the Ordinance at 600 Johnson Road in Charlotte, North Carolina.
This Notice is also to advise you that CMSWS is considering proceedin,- with enforcement action
and penalty assessment against Orbit Energy Charlotte, LLC.
In accordance with the Ordinance, Section 18-83(c) Civil Penalties, Orbit Energy Charlotte, LLC
is subject to civil penalties of up to Five Thousand Dollars ($5,000.00) per day beginning with the
first day of violation and every day thereafter up until the violation ceases. It is the responsibility
of Orbit Energy Charlotte, LLC to contact the Investigator (Matthew Phillips, at 704-582-1786)
immediately upon ceasing the violation and restoring the areas affected by the violation in order to
document compliance with the Ordinance and to minimize the total potential penalty. Unless
scheduled earlier by Orbit Energy Charlotte, LLC, a follow-up inspection will occur no later than
May 11, 2018 to determine compliance with the Ordinance. Please note that until that
determination occurs, Orbit Energy Charlotte, LLC will continue to be in violation of the
Ordinance.
CMSWS will take any steps necessary to secure compliance with the Ordinance. One such step is
that CMSWS or a contractor designated by CMSWS may abate a violation and/or restore
impacted areas to their pre -violation condition should Orbit Energy Charlotte, LLC 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 CMSWS for such violation abatement
and/or restoration work will be charged to Orbit Energy Charlotte, LLC, in addition to the civil
penalty.
To report pollution or drainage problems call: 311
http://stormwater.charmeck.org
CHAR orrr. Is.

Orbit Energy Charlotte, LLC
Attention: Mr. Kevin Kearney
page three
May 1, 2018
If you have any questions or would like to request a meeting with CMSWS to discuss the violation
and provide additional information, please contact me at 980-314-3213 within ten (10) days
following receipt of this notice. Please be aware that a meeting request or an
actual meeting with CMSWS does not relieve Orbit Energy Charlotte, LLC from completing the
corrective actions listed above and does not negate a potential penalty.
Achieving and maintaining compliance with Section 18-80(a) of the Ordinance does not relieve
Orbit Energy Charlotte, LLC from complying with other sections of the Ordinance or other local,
state, or federal regulations.
For your information, the Ordinance is available for view on the Internet at:
http://charlottene.gov/StormWater/Regulations/Documents/CharlotteS WPollControlOrdO6O92008
Rd£ Copies of the Ordinance are also available in print or PDF file format from CMSWS upon
request.
Your prompt cooperation in this matter is requested.
Sincerely,
Olivia Edwards
Water Quality Supervisor
Charlotte -Mecklenburg Storm Water Services
OJE/MBP
Enclosures: Copy of Previous Notice of Violation, November 2, 2017
Copy of Previous Notice of Violation, January 31, 2018
cc: Steve Jadlocki, CMSWS
Rusty Rozzelle, CMSWS
FILE: NOV Cityworks Activity Report #36937
To report pollution or drainage problems call: 311
"� http://stormwater.charmeck.orc,

ORBIT ENERGY CHARLOTTE, LLC
14120 Ballantyne Corporate Place
Suite 400
Charlotte, NC 28277
May 10, 2018
VIA EMAIL DELIVERY
[e-mail]
Charlotte -Mecklenburg Land Use & Environmental Services Agency
Solid Waste Division
2145 Suttle Avenue
Charlotte, NC 28208-5237
Attn: Aaron Caudle
Subject: UPDATE ON OPERATIONAL UPSET — DISCHARGE OF BIOMASS FOAM FROM
HOT DIGESTER TANKS -- APRIL 28, 2018 — MAY 4, 2018 (the "Event")
Anaerobic Digestion Facility, 600 Johnson Road, Charlotte, NC 28206 (the "Facility")
Dear Mr. Caudle,
I am writing this letter in response to a verbal request made by your agency to provide a written update
regarding the cause and status of remediation of the Event in response to the self -reporting to your agency
as well as on -site visits to the Facility by regulators from your agency. In response to your agency's request
for a written response, Orbit Energy Charlotte, LLC ("Orbit") provides the following:
What Occurred. On the morning of April 28, 2018, an operator employed by ES Engineering Services,
LLC ("ES"), the company engaged by Orbit to operate the Facility, discovered a biomass foam spilling
from the overflow pipe for two of the three hot digesters located at the Facility. The surface tension of the
foam was tight enough to prevent the free flow of digestate from the overflow pipe into the recapture grate
to go back to processing at the Facility, so some of the foam spilled onto the ground next to the impacted
digesters. At the time the Event commenced, Facility SCADA data indicated that the liquid level in the
two affected digesters was more than two (2) feet below emergency overflow levels for each of the
digesters. ES immediately activated the Facility emergency action plan and self -reported the Event to
appropriate regulatory agencies, namely, National Response Center (report# 121059), North Carolina
Department of Environmental Quality, Mooresville Regional Office, and Charlotte -Mecklenburg County
Storm Water Resource Department. Additionally, ES immediately engaged multiple spill response
contractors to contain and remediate the spill. During the Event, foam solution from one of the hot digesters
entered the heavily wooded area lining the creek that bisects the real property comprising the Facility.
Approximately 700 feet of the adjacent creek was impacted during the initial Event. Over the course of the
next seven (7) days (April 28 to May 4) the hot digesters continued to experience sporadic but contained
overflow foaming. Due to the quick response efforts by ES, it is estimated that only approximately 1,300
gallons (liquid volume) of biomass foam entered the adjacent creek, with an estimated 10,000 gallons
(liquid volume) being contained by earthen dikes constructed by ES.

How The Event Was Remediated. With frequent oversite by Mecklenburg County environmental
officials and assistance from the Facility's spill response contractors, ES removed the foam solution from
the impacted areas and flushed the impacted portions of the creek with clean creek water. All foam
contained within the bermed areas was vacuumed from the ground as well.
Why The Event Occurred. ES is currently conducting a full investigation to determine the root -causes of
the Event and those findings will be shared. Preliminary findings indicate the design of the hot digester
tanks at the Facility does not allow for adequate tank mixing to combat the formation of a foam layer that
accumulated and overflowed from the tanks. Proper mixing equipment combined with changes to feedstock
composition can combat excessive foam formation in digesters.
Prevention of A Similar Event in the Future. Together with Orbit, ES has taken the following
preliminary measures to prevent a similar occurrence:
• Feedstock receiving has temporarily been suspended pending further investigation;
• A feedstock study is being conducting to determine if feed quality impacted the Event;
• Tank levels have been further reduced to allow for better mixing and minimize the chance of
overflow;
• Temporary containment and berms have been constructed to reduce the chance of impact to
sensitive environmental areas at the Facility;
• Additional inspections of process equipment are being conducted to watch for indications of
foaming;
• An engineering evaluation is underway to determine if the hot digester design allows for
adequate mixing to prevent foaming.
If you should have any questions regarding this report or the Facility please contact Zack Morgan with
Entropy Investment Management, LLC at [phone].
Sincerely,
ORBIT ENERGY CHARLOTTE, LLC
Kevin Kearney Y
Chief Executive Officer
Entropy Investment Management, LLC