The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
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FEATURE: BRIDLED SPIRITS an·gel's share (n. Informal): The quantity of an alcoholic liquor lost to evaporation during the distilling process. Intent" with the Division of Water to obtain coverage under the general permit. By seeking coverage under the Industrial Stormwater General Permit, an industrial user can avoid the cost and effort of applying for an individual permit. By: Kenneth J. Gish, Jr. ENVIRONMENTAL COMPLIANCE FOR THE DISTILLING INDUSTRY With the possible exception of horses and basketball, nothing is more uniquely Kentucky than bourbon. Bourbon distilling in the Commonwealth is big business. Kentucky distillers account for approximately 95 percent of all bourbon production in the United States.1 The bourbon industry employs thousands of workers within the state and has, in recent years, become a successful tourism driver, bringing visitors from all over the country and the world to Kentucky for distillery tours and other bourbon-related activities. Much like the vineyards in Napa Valley, Kentucky's bourbon distilleries have become a symbol of the good life here in Kentucky. the ground along the way posing a significant threat to water quality in the state's waterways. Process wastewater, on the other hand, fits the more traditional definition of wastewater – water used in the distilling process which often includes on-site sanitation water. Process wastewater often requires treatment prior to discharge to a receiving water (local stream) or to a publicly-owned treatment work if one is available. Both discharges require Kentucky Pollution Discharge Elimination System ("KPDES") permits from the Kentucky Department of Environmental Protection's Division of Water. KPDES permits include effluent limitations, which are limits on the amount of a particular pollutant that may be discharged to a receiving stream. WATER DISCHARGES 14 It is important to remember, however, that bourbon distilling is an industry and, like all other industries, it is faced with a wide variety of environmental regulations that it must follow. The distilling process creates air emissions that are regulated under the Clean Air Act, and wastewater from the process is regulated under the Clean Water Act. In many ways, the issues faced by distilleries are no different than those faced by other industrial facilities. There are certain issues specific to the distilling industry that, from an environmental compliance perspective, merit special discussion. In particular, water discharges (both stormwater and process wastewater) and air emissions from the distilling process present unique circumstances for distillers to address. The Division of Water recently issued a new general permit authorizing the discharge of stormwater from industrial facilities ("Indus2 trial Stormwater General Permit"). Under the terms of the Industrial Stormwater General Permit, owners and operators of industrial facilities who meet the requirements set forth in the permit (including distillery operators) can simply file a "Notice of As with most other industrial facilities, a distillery's water discharges come in two forms: stormwater discharges and process wastewater discharges. Stormwater is precipitation that falls onto a property and then runs off into a receiving water via either natural or man-made conveyances. As stormwater runs off a property, it collects pollutants off B&B; • 11.13 The Industrial Stormwater General Permit contains standard conditions with which the permittee must comply. First, while there are no effluent limitations, the permit requires effluent monitoring of identified 3 parameters twice a year. The permittee must implement "best management practices" to minimize the potential for pollu4 tants to reach waterways. Finally, and most importantly, the permittee must develop and implement a stormwater pollution prevention plan ("SWPPP") to govern the facil5 ity's stormwater management operations. A SWPPP must include the following: the identity of individuals on the stormwater pollution prevention team; a site description, including the location of potential pollutant sources and industrial activities exposed to precipitation; a description of best management practices (BMP) to be implemented on site; schedules and procedures for the removal of waste materials and BMP maintenance; certain documents specified in the general permit; inspection forms and schedules; and a way to track modifications and corrective actions. The SWPPP must be signed and must be available on-site for facility operators and regulator inspections. Obtaining coverage under the Industrial Stormwater General Permit is a relatively simple endeavor, as is complying with the terms of the permit. That said, it is crucial for the permittee to review the requirements of the permit and ensure that they are being met. Failures to properly prepare, implement, or update a facility's SWPPP are among the leading causes for cited violations. A distiller will also likely need to obtain a KPDES permit to allow it to discharge process wastewater. To obtain a process wastewater KPDES permit, a distiller must submit an application to the Division of Water that identifies the sources of process wastewater and the levels of pollutants in 6 its waste streams. The division then develops permit limits that protect water quality in the receiving stream and are based on implementing identified treatment technologies to reduce effluent pollution 7 levels. KPDES permits require the permittee to monitor and report, via discharge