NCG060387_Orbit Energy Response to Char Meck SWS RE Inspection_20180625

ORBIT ENERGY CHARLOTTE, LLC
14120 Ballantyne Corporate Place
Suite 400
Charlotte, NC 28277
June 25, 2018
VIA EMAIL AND FEDEX DELIVERY:
Email: [e-mail]
Charlotte -Mecklenburg Storm Water Services
2145 Suttle 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:
1. DEC 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.
2. 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.
3. 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 for 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 Hot Digester 92 have been stopped.
In order to eliminate the potential for continued foam discharge, two actions 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 revel 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 foam.
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 Hot 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,
ORBIT ENERGY CHARLOTTE, LLC
Sarah Armstrong
Chief Financial Officer
Entropy Investment Management, LLC

EXHIBIT A
Industrial Facility inspection Report
[attached]

C h a da tic - M eekle nb urq
STORM
WATER
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:
2145 Suttle Avenue
Charlotte, NC 28208-5237
On May 22, 2018, Chad Broadway of Charlotte -Mecklenburg Storm Water Services
(CMSWS) 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 III, 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:
Y) Charlotte Storm Water Pollution Control Ordinance Review
• Illicit Dischar e 1 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 andlor 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
NCGO60000 permit and implementpermanent measures that are sufficient to protect
surface waters 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 Land Resources (DEMLR). 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 Stormwater Pollution Prevention Plan (SPPP) has been developed for the
facility.
3) Oualitative Monitoring
Qualitative monitoring has not yet been conducted and recorded.
To report pollution or drainage problems, call: 311
http://stormwater.charmeck.org
[:I[All U ]T'ITI?-
0

Mr. Zack Morgan, General Counsel
Page 2
June 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 1 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 Stonnwater 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.
The attached report provides details about inspection observations and should be self-
explanatory.
elfexplanatory. Please contact me at 744-284-1497 if you have any questions or need additional
information.. For questions specifically regarding your NPDES stormwater permit, please
contact James Moore with NCDEQ — DEMLR at 704-663-1699.
Sincerely,
Z _... .
Chad Broadway
Environmental Specialist
Charlotte -Mecklenburg Storm Water Services
cc: Kristen O'Reilly, Charlotte Storm Water Services
James Moore, NCDEQ — DEMLR
Attachment

Chi
PMSTORM
2145 Suttle Avenue
Charlotte, NC: 28208
WATER Facility Inspection
SeN;= -V
Facility Name: orbit Energy Charlotte LLC Inspection #: 37559
Contact: Zack Morgan, General Counsel Permit #: NCGO60387
Inspector: Chad Broadway Receiving Stream: Aerita Branch
Inspection Date: 05122120188 Entry Time: 9:14 am Exit Time: 10:45 am SIC #:
-
Facility Description: Orbit Energy Charlotte is located at 600 Johnson Road on approximately 13 acres. The facility
receives cfF 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 ReviewlHistory: Charlotte -Mecklenburg Storm Water Services (CMSWS) has previously conducted inspections at
Orbit Energy Charlotte on April 28, 2018, January 29, 2018, October 24, 2017, and July 7, 2417. CMSWS issued Notices
of Violation (NOVs) to the facility on May 2, 2018, January 30, 2018, and November 1, 2417, 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 NCDEQ personnel to discuss the
requirements for permanent secondary containment. Please see the inspection report for additional informatian about site
deficiencies and recommendations to protect water quality.
To report pollution o drainage prablenas call: 31 l
CIURLiYt"1'F_ ltttp:llstarniwate r,charineck.nrg 6�
6/94/2018 9:45:17AM Page 1 of 4
Site Inspection Deficiency Comments
Stormwater system (catch basins,
Recommendation
Stormwater 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 ail 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 5122118, CERT removed and
disposed of the accumulated water.
To report pollution o drainage prablenas call: 31 l
CIURLiYt"1'F_ ltttp:llstarniwate r,charineck.nrg 6�
6/94/2018 9:45:17AM Page 1 of 4

•
dbTo report pollution or drainage problems call: 3 l 1
(JiA1 UME. lit tp;IIstorinwate r.charineck.arg `
6/14/2018 9AB.17AM Page 2 of 4
Site Inspection Deficiency Comments
II)icit discharges/connections
Yes
At the time of inspection, an active discharge of food slurry
was occurring at the hot digester tanks. An environmental
remediation company was an 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 NCGO6 stormwater permit.
Aboveground storage tanks] - 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 part
NIA
No underground storage tanks were observed during the
area; list tank sizes & contents
ins ction.
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 tolfrom 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.
Loading/unloading 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
loading/unloadingloading/unloading areas.
Vehiclelequipment areas] - fueling,
No
Vehicles and equipment are fueled at the facility's 500 -gallon
washing, storage, etc.
diesel fuel tank.
Oil/water separator and/or
No
The facility has a wastewater pretreatment system on site
pretreatment
and discharges to the Charlotte Water sanitary sewer system
as a registered Significant Industrial User.
Waste storage/disposal area -
No
dumpsters, scrap metal bins, etc.
Food service areas)
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 french 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.
5tormwater 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.
•
dbTo report pollution or drainage problems call: 3 l 1
(JiA1 UME. lit tp;IIstorinwate r.charineck.arg `
6/14/2018 9AB.17AM Page 2 of 4

dXTo report pollution or drainage problems call: 311
ClLuwy'l1}? littp://storinwatei,.cliariiicck.org is.
&11412018 9 45:17AM Page 3 of 4
Stormwater Pollution Plan Observed Comments
General location (USGS) map
Yes
Narrative description of practices
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 spills.
Non-stormwater discharge evaluation
A non-stormwater discharge evaluatian has not yet been
of outfall(s)
conducted and documented.
Feasibility study
Yes
All 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 NCDEQ Mooresville Regional Office or Central Permitting
Unit.
Collected water evaluated and
Yes
Wafer 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
housekeeping Ian
Facility provides and documents
Employee training has not yet been conducted and
employee training
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-annually
Sppp.
Qualitative/Analytical Monitoring Observed Comments
Qualitative monitoring conducted
Qualitative monitoring has not yet been conducted,
semi-annual/
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 onsite
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 tolfrom the subject area, may constitute industrial
activity and require monitoring to be conducted at the
southeast outfall.
Number of Outfalls Observed
3
Representative outfall status
NIA
documented by NCDWQ
Annual no -exposure self
NIA
re -certification documented
dXTo report pollution or drainage problems call: 311
ClLuwy'l1}? littp://storinwatei,.cliariiicck.org is.
&11412018 9 45:17AM Page 3 of 4

EXHIBIT B
Spill Containment Wall Engineering Plans
[attached]

1
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GENERAL REQUIREMENTS
1. All work shall be completed in accordance with this Drawing and the Specifications contained herein.
2. All work related to the staging, construction practices, and safety of the projects workers and
property shall be considered means and methods and shall be completed by the Contractor in
accordance with Standard Industry Practice and all applicable codes and standards. Visits to the Site
made by the Engineer are for the review of the work for general conformance with this Drawing and
Specifications, and are not for the review of Contractor responsibilities, including but not limited to
project safety and means and methods of construction.
3. This Drawing has been prepared in accordance with the 2009 International Building Code, North
Carolina State Building Code, and all referenced standards contained therein.
4. All work shall be inspected in accordance with Chapter 17 of the 2009 International Building Code.
All inspection reports shall be submitted to the Engineer of Record for review. At the completion of
the Project, the Special Inspection Report shall be completed, signed by the Special Inspector, and
submitted to the Engineer of Record for record purposes.
5. Scaling of this Drawing to determine dimensions of elements is not permitted.
6. All horizontal and vertical dimensions shown on the Spill Containment Wall Section were developed
from the topographical information shown on the Plan View. The topographical information shown on
the Plan View was provided by Montrose Environmental (Environmental Resilience and Sustainability) for
the purpose of this Project. Any discrepancies with the proposed Spill Containment Wall Section and
actual ground surface elevations along the proposed wall alignment shall be immediately reported to
Montrose Environmental (Environmental Resilience and Sustainability) and the Engineer of Record.
7. The field layout for the proposed Spill Containment Wall shall be performed by the Contractor. The
field layout shall be reviewed with Montrose Environmental (Environmental Resilience and Sustainability)
personnel prior to construction of the Spill Containment Wall.
SITE PREPARATION
1. All existing trees, brush, vegetation, root mat, topsoil, and other surface elements/debris shall be
removed from the footprint of the proposed excavation for the construction of the Spill Containment
Wall.
2. Materials removed from the footprint of the proposed excavation for the construction of the Spill
Containment Wall shall be disposed in accordance with all applicable environmental regulations.
SPILL CONTAINMENT WALL FOUNDATION
1. The bottom of footing subgrade must be inspected and approved by a Geotechnical Engineer
registered in the State of North Carolina prior to placing any concrete for the wall foundation.
Approval in writing must indicate that the soil is adequate to safety sustain the specified bearing
pressure of 2,000 pounds per square foot (psf). Submit all reports to the Engineer of Record for
record.
2. The bottom of footing subgrade is assumed to be capable of safely supporting 2,000 psf in
accordance with the recommendations of the 2009 International Building Code and the North Carolina
State Building Code.
3. Bottom of all footings subjected to freeze/thaw conditions shall be a placed a minimum of 3 feet
below the lowest adjacent grade.
4. The Spill Containment Wall shall have control and/or construction joints placed a maximum of 20
feet on center unless otherwise noted. Provide bentonite water stop between all concrete pours.
Seal all control joints with a bentonite caulk on the positive pressure side of the wall.
5. The excavation performed for the construction of the Spill Containment Wall shall not be backfilled
until a minimum of 70% of the specified concrete compressive strength is achieved.
6. The excavated material may be used as backfill for the Spill Containment Wall provided that it is free
of organics, degradable inclusions, excess moisture, frozen materials, and particles larger than 4
inches. The backfill for the Spill Containment Wall shall be compacted to at least 92 percent of the
maximum dry density as determined by the Modified Proctor test (ASTM D 1557).
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CONCRETE
1. All concrete shall be ready -mix and proportioned on the basis of Laboratory Trial Mixture or Field
Test Data or both according to ACI 301. Design mixtures shall meet the requirements below:
Compressive strength of 4,000 psi at 28 days, minimum.
Exposure Category: F3, S1, C1
2. All concrete exposed to exterior conditions shall have characteristics in accordance with ACI Building
Code (ACI 318), the 2009 International Building Code, and the North Carolina State Building Code.
3. Contractor is responsible for the preparation of design mixtures for each application/location used in
construction as noted above and on this Drawing.
4. All concrete work shall comply with the requirements of the latest Editions of the ACI Building Code
(ACI 318), the ACI Detailing Manual (SP -66), and the Specifications for Structural Concrete for
Buildings (ACI 301).
5. All reinforcing steel shall be manufactured from high strength billet steel conforming to ASTM
designation A615 Grade 60. Lap all bars minimum 48 bar diameters unless otherwise noted.
6. Provide a continuous key in the concrete wall. See foundation notes for additional information.
Provide corner bars to match horizontal reinforcement at wall corners and tee intersections.
7. Shop drawings for concrete mix designs shall include the following Information:
i. mixture identification by application/location
ii. specified compressive strength, fc', that is applicable for the application
iii.specified exposure class
iv.documentation of strength test records of similar class of concrete used to establish standard
deviation in accordance with ACI 318, when test records exist
v. required average compressive strength, fcr', for each class of concrete
vi.documentation of required average compressive strength, fcr', used as the basis for selection of
concrete proportions
vii. intended placement method
viii. slump or slump flow
ix.air content
x. dry and wet density
xi.w/c ratio
xii. documentation supporting other specified requirements of concrete mixtures
xiii. nominal maximum aggregate size or size number
xiv. type and information about the ingredient materials proposed for use
8. Concrete testing shall conform to the following:
xiw. one set of five concrete cylinder samples shall be taken at least once per day and once for
each 50 cy of placed concrete
ii. take slump, air, and temperature for each set of concrete cylinders taken
iii.compressive strength tests of cylinders shall be as follows:
a)one cylinder at 7 days
b)three cylinders at 28 days
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PLAN VIEW
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LEGEND
720 EXISTING CONTOUR LINE
26277 EXISTING SPOT ELEVATION
719.51 4
0+14.00 WALL STATION NORTH
10 0 5 10 20 40
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T.O. WALL EL = 723.0
#5@12"o.c. VERT
qo
FIN. GRADE (+/-721.0)
SEE PLAN VIEW ON CO
THIS SHEET
PROVIDE DOWELS TO
MATCH VERT. REINF.
(LAP BARS 48 DIA. MIN)
2"x4" KEY (CONT.) w/
BENTONITE
WATERSTOP (CONT.)
DESIGN BASED ON THE FOLLOWING:
• HEEL SURCHARGE = 250psf
• ACTIVE SOIL PRESSURE = 45psf/ft
• WIND PRESSURE TO EXPOSED STEM - 31
• 2,001 ALLOWABLE SOIL CAPACITY
• REQUIRED FACTORS OF SAFETY:
•• SLIDING - 1.5 FOS
•• OVERTURNING - 2.0 Fos
SPILL CONTAINMENT WALL SECTION
725
724
723
722
721
720
z
0
a
719
w
716
717
716
715
START OF WALL 0 STATION: 0+00.0
-WALL TURNS LEFT 90' ® STATION 0+14.13
I
EXISTING GRADE
ALONG PROPOSED
WALL ALIGNMENT
I
I
WALL TURNS RIGHT 2
0 STATION 2+15.40
TOP OF WALL ELEVATION = 723.0
BOTTOM OF WALL ELEVATION = 717.0
END OF WALL -
0 STATION 3+22.59
WALL TURNS RIGHT a-\
0 STATION 3+01.65
-0+25 0+00 0+25 0+50 0+75 1+00 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 3+21.3
WALL STATION
SPILL CONTAINMENT WALL ELEVATION
NOT TO SCALE VERTICAL SCALE: 1 " = 2'
HORIZONTAL SCALE: 1 " = 30'
NOT FOR CONSTRUCTION
725
724
723
722
721 J
720
a
719
w
718
717
716
715
Number: I Date: I Revision:
ORBIT ENERGY - CHARLOTTE
600 JOHNSON ROAD
CHARLOTTE, NORTH CAROLINA
SPILL CONTAINMENT WALL PLAN
Scale: AS SHOWN
Drawn By. EEE
A CED
Checked By. TDT
eoServices Project Mgr.: DTW
Originated By. TDT
TM Project I 054RC-447261
Engineering for the Environment. Planning for People. Drawing Date: 5/30/2018
1055 ANDREW DRIVE, SUITE A Sheet No.:
WEST CHESTER, PENNSYLVANIA 19380 1 OF 1
Tel: [phone] Fax: [phone] Web: www.advancedgeoservices.com Revision Number: