6033_OrbitEnergy_20231201

From: Hack, Joe <[e-mail]>
Sent: Friday, December 1, 2023 2:04 PM
To: Wilson, Donna J
Cc: Rattray, Rochelle; Osborn, Claire J; Aja, Deborah; Smithberger, Jeffrey
Subject: [External] FW: Digester off of Johnson Road
Attachments: Orbit Energy Notice of Objectionable Odor Letter_signed.pdf
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Donna.
This is a Notice that was issued by County AQ group to Orbit Energy.
Joseph Hack QEP
Senior Project Manager
LUESA I Solid Waste Management Program
Mecklenburg County Government
704-634-6517 1 MeckNC.Gov
® R Im
From: Rayfield, Jason <[e-mail]>
Sent: Friday, December 1, 2023 1:59 PM
To: Hack, Joe <Joe.Hack@ mecklenburgcountync.gov>
Subject: RE: Digester off of Johnson Road
Joe
Keeping you in the loop. On November 17th, we issued a 2nd violation letter against Orbit Energy Charlotte, LLC
for an objectionable odor determined same day you reported the below issues (copy of violation letter
attached).
Orbit Energy has until December 25t" to prepare and submit an Odor Management Plan. Once submitted, we
review and either approve or call for more information. If the plan isn't complete or doesn't work, then the site
will be required to implement Maximum Feasible Controls for odors under our AQ ordinance. But this is a
lengthy process that factors in technical and economic considerations within the review. We believe we can
continue issuing violation letters and assessing penalties for ongoing odor issues even throughout the review
process ahead though.
This site has a poor compliance history, and we are holding them accountable for all their permit and regulatory
requirements under AQ. Will continue keeping you updated.

Thanks,
Jason
Jason Rayfield
Air Quality Program Manager
Land Use and Environmental Services Agency (LUESA) I Air Quality
Mecklenburg County Government
980-314-3360 1 MeckNC.Gov
0®9®

MECKLENBURG COUNTY
Land Use and Environmental Services Agency
-AIR QUALITY -
November 17, 2023
[Issued via Email and US Mail]
Miguel Lugo, Plant Manager
Orbit Energy Charlotte, LLC
600 Johnson Road
Charlotte, North Carolina 28206
Mi egu 1.Lugo&anaer ig a.com
Re: Notice of Objectionable Odor
Orbit Energy Charlotte, 600 Johnson Road, Charlotte, North Carolina
Dear Miguel Lugo:
This notification is being sent as a result of an odor investigation conducted by Pedro Perez -Rodriguez of
Mecklenburg County Air Quality (MCAQ) on November 9, 2023, in response to a complaint. The
investigation confirmed the presence of an off -site objectionable odor originating from Orbit Energy
Charlotte, LLC located at 600 Johnson Road in Mecklenburg County, NC.
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. "
Orbit Energy Charlotte, LLC shall take this odor complaint into consideration while preparing the required
Odor Management Plan as outlined in paragraph (f) of MCAPO Regulation 1.5110 - "Control and
Prohibition of Odorous Emissions." Please note the facility's Odor Management Plan is due to MCAQ by
December 26, 2023, as stated in the Notice of Objectionable Odor letter issued October 25, 2023.
PEOPLE • PRIDE • PROGRESS • PARTNERSHIP
2145 Suttle Avenue• Charlotte, NC 28208 • [phone] • FAX [phone]
http: //airquality.mecknc. gov

Miguel Lugo, Plant Manager
Orbit Energy Charlotte, LLC
November 17, 2023
Recurrence of documented objectionable odor or failure to comply with the requirements in this notice can
result in the assessment of civil penalties, legal action, or other remedies by MCAQ in accordance with
MCAPCO Section 1.5300 — "Enforcement; Variances; Judicial Review." Please 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.
Thank you for your attention to this matter. If you have any questions, please contact me at [phone].
Sincerely,
4 6ixa'ri�
Aaron Mati ow
Air Quality Supervisor
DSC:smh
C: Alexander MacFarlane, Anaergia, Alex.Macfarlaneganaer_ig a.com
Donna Cavaliere, Senior Air Quality Specialist
Katie Stiening, Senior Air Quality Specialist
Pedro Perez -Rodriguez, Air Quality Specialist
Jason Rayfield, Air Quality Program Manager
Leslie Rhodes, Air Quality Director