TTB questions

[woodysbrew]

So what does this mean when applying to the TTB?
"Describe each tract of land comprising the brewery, and a listing of each brewery building by its designated letter or number, giving the approximate ground dimensions and the purpose for which ordinarily used:"

"Describe any air pollution control equipment proposed for use in connection with fuel burning equipment, boilers, or smokestacks.:" Are we supposed to install special equipment for this?

"Describe amount and composition of all solid waste that will be generated:"

"Describe any direct or indirect discharge into navigable waters which may result from the conduct of the activity described in the question above to be conducted section where TTB has Interest, including the biological, chemical, thermal, or other characteristic of the discharge and the locations at which such discharge may enter navigable waters.:"

And lastly

"Describe the methods and means used or to be used to monitor the quality and characteristics of the discharge and the operation of equipment or facilities employed in the treatment or control of wastes or other effluents.:"

[jebzter]

So what does this mean when applying to the TTB?
"Describe each tract of land comprising the brewery, and a listing of each brewery building by its designated letter or number, giving the approximate ground dimensions and the purpose for which ordinarily used:"Full address and parcel number, dimensions of the inside of your space, and what operations are going on, ie:brewery, cellaring, tax paid beer storage, tasting room. If you have multiple buildings, then multiple addresses and a statement of what will be going on in each.

"Describe any air pollution control equipment proposed for use in connection with fuel burning equipment, boilers, or smokestacks.:" Are we supposed to install special equipment for this? No, unless your state requires you to. Do state what type of fuel you are using, NG, Propane, Electric, Oil. If you have none required, then your answer is N/A or none required.

"Describe amount and composition of all solid waste that will be generated:" What will be in your trash, where is your spent grain going and who is handling it. So municipal trash collection for the landfill stuff and our grain goes to a cattle rancher.

"Describe any direct or indirect discharge into navigable waters which may result from the conduct of the activity described in the question above to be conducted section where TTB has Interest, including the biological, chemical, thermal, or other characteristic of the discharge and the locations at which such discharge may enter navigable waters.:" Are you next to an estuary, bay, ocean, river? If not, then the only possible way is through a storm drain, and a statement that the storm drains are protected from any spillage that occurs in the brewery.

And lastly

"Describe the methods and means used or to be used to monitor the quality and characteristics of the discharge and the operation of equipment or facilities employed in the treatment or control of wastes or other effluents.:"

What are you doing to the water before discharge to the municipal sewer, if nothing then you can say nothing is required by the city. I test pH and neutralize my cleaning solutions prior to discharge, and allow all solids to settle before discharge.

[Brew Law]

Response

Hello Woodysbrew. I am an attorney at Christopherson Brew Law, and I help several clients with these issues. Below are general responses, but your specific answers will obviously vary depending on your specific circumstances.

So what does this mean when applying to the TTB?
"Describe each tract of land comprising the brewery, and a listing of each brewery building by its designated letter or number, giving the approximate ground dimensions and the purpose for which ordinarily used:"

I would order the plat from the county where your brewery is (or go there and make a copy). You can paste the plat description from there much verbatum.

"Describe any air pollution control equipment proposed for use in connection with fuel burning equipment, boilers, or smokestacks.:" Are we supposed to install special equipment for this?

This is not relevant for most clients.

"Describe amount and composition of all solid waste that will be generated:"

Make a best guess here. Calculate your average spent grains used for your estimated annual production, and list that. Composition would be spent grains and hops.

"Describe any direct or indirect discharge into navigable waters which may result from the conduct of the activity described in the question above to be conducted section where TTB has Interest, including the biological, chemical, thermal, or other characteristic of the discharge and the locations at which such discharge may enter navigable waters.:"

Call your local water company and find out where your water goes. They will be able to answer this question for you.

And lastly

"Describe the methods and means used or to be used to monitor the quality and characteristics of the discharge and the operation of equipment or facilities employed in the treatment or control of wastes or other effluents.:"

Something like, "Meters and gauges will be used to monitor the pH, temperature, and quality of waste water" will probably work.

Please feel free to call if you would like to discuss this further. Also, if you are interested, we do offer bank-end consulting to review your application prior to submission to make sure your application is processed as quickly and smoothly as possible.

Dan Christopherson, Beer Lawyer
Christopherson Brew Law
6638 W. Ottawa Ave, Suite 220-3, Littleton, CO 80128
720-515-8773 (phone) | dan@brew.law | www.brew.law

[woodysbrew]

What are you doing to the water before discharge to the municipal sewer, if nothing then you can say nothing is required by the city. I test pH and neutralize my cleaning solutions prior to discharge, and allow all solids to settle before discharge.

Thank you for the help! It sure is nice to have others that are experienced with the "red tape". The city has never said anything regarding us needing to treat the water before sending it down the drain.

[woodysbrew]

Thank you!

Hello Woodysbrew. I am an attorney at Lehrman Beverage Law, and we help several clients with these issues. Below are general responses, but your specific answers will obviously vary depending on your specific circumstances.



I would order the plat from the county where your brewery is (or go there and make a copy). You can paste the plat description from there much verbatum.



This is not relevant for most clients.



Make a best guess here. Calculate your average spent grains used for your estimated annual production, and list that. Composition would be spent grains and hops.



Call your local water company and find out where your water goes. They will be able to answer this question for you.



Something like, "Meters and gauges will be used to monitor the pH, temperature, and quality of waste water" will probably work.

Please feel free to call if you would like to discuss this further. Also, if you are interested, we do offer bank-end consulting to review your application prior to submission to make sure your application is processed as quickly and smoothly as possible. Our phone number is 202-449-3739, ext 708, email is dan.christopherson@bevlaw.com.

[woodysbrew]

Regarding conflicts of interest

One more question and I hope it will be quick and easy. There are four partners in this venture but only two with more than 10% interest. One of the two with 10% interest currently works for a wholesaler. He is not an owner, nor does he has NO stock in the company, and is no longer in any management or supervisory position. Do any of you think this will cause any issues?

[mashpaddled]

One more question and I hope it will be quick and easy. There are four partners in this venture but only two with more than 10% interest. One of the two with 10% interest currently works for a wholesaler. He is not an owner, nor does he has NO stock in the company, and is no longer in any management or supervisory position. Do any of you think this will cause any issues?

If he is a partner in the business then how is he not an owner or have no stock in the company?

[woodysbrew]

Sorry, maybe that previous explanation was confusing. He is an owner of the brewery in progress but has no ownership for the wholesaler that he currently is employed by. The application asks some questions about affiliation to wholesalers, manufacturers, retailers, and warehousing withing the industry. We weren't sure if him being employed by the wholesaler would hang things up with the TTB.

If he is a partner in the business then how is he not an owner or have no stock in the company?