On July 3, 2020, the State Water Resources Control Board (State Water Board) released proposed General Waste Discharge Requirements for Winery Process Water Treatment Systems (proposed General Order) along with the draft California Environmental Quality Act (CEQA) Initial Study and Mitigated Declaration for public comment.  The proposed General Order will apply statewide, and includes requirements to ensure winery operations will not adversely impact water quality. The State Water Board also noticed a July 22, 2020 public workshop and future proposed adoption of the proposed General Order.  The July 22, 2020 public workshop will begin at 9:30 a.m. via remote attendance only.  Although a quorum of the State Water Board will be present at the public workshop, no final action will be taken at the workshop.

According to the Fact Sheet, the proposed General Order will streamline statewide permitting of winery process water discharges to land and is aimed at achieving statewide consistency.  The proposed General Order provides wineries flexibility in selecting compliance methods and tiers compliance requirements to a winery’s size and process water threat to water quality.  Specifically, dischargers are classified into tiers based on the total volume of process water discharged annually from the winery prior to treatment.  Application requirements, fees, and monitoring and reporting requirements are commensurate with the discharge regulated under each tier.

The Fact Sheet contains interesting data regarding the number of wineries that are currently permitted by the State and Regional Water Boards as well as those that will be subject to the proposed General Order:

The Wine Institute estimates 2,070 of the 3,612 bonded wineries in California will be subject to the order. There are only about 540 wineries or 15 percent currently permitted by the Water Boards. Staff estimates that many of the unpermitted wineries will have an upfront cost to update treatment systems and commence monitoring to comply with this order. The order creates a statewide fee policy which may change fees currently paid by wineries and may result in some wineries paying a statewide fee and a local agency oversight fee.

In addition to the July 22, 2020 public workshop, the public comment period ends on August 5, 2020 and the State Water Board adoption meeting is scheduled for November 17, 2020.

For more information about the proposed General Order, please visit https://www.waterboards.ca.gov/water_issues/programs/waste_discharge_requirements/winery_order.html#yr2020.

If you have questions regarding water resources or the potential effect of State Water Board actions on your facility, or other environmental, compliance, reporting, or permitting requirements, please contact our California water quality attorneys.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Elizabeth Ewens Elizabeth Ewens

Elizabeth Ewens, a water resources attorney in Stoel Rives’ Environment, Land Use and Natural Resources group, emphasizes the preservation and defense of water rights, and water right management and regulation. Elizabeth has represented public agencies, State Water Project contractors, and private individuals…

Elizabeth Ewens, a water resources attorney in Stoel Rives’ Environment, Land Use and Natural Resources group, emphasizes the preservation and defense of water rights, and water right management and regulation. Elizabeth has represented public agencies, State Water Project contractors, and private individuals and entities in complex water resources litigation in the western U.S. involving both surface and groundwater rights. Her practice also includes representing clients in state and federal administrative, trial court, and appellate proceedings, and representing clients in mediations and dispute resolution proceedings to achieve negotiated solutions to complex water issues.

Click here for Elizabeth Ewens full bio.

Photo of Melissa Foster Melissa Foster

Melissa Foster, a partner in Stoel Rives’ Environment, Land Use and Natural Resources group in its Sacramento office, focuses her practice on energy facility siting and environmental compliance and is an active member of the firm’s Energy Initiative. Her experience includes permitting…

Melissa Foster, a partner in Stoel Rives’ Environment, Land Use and Natural Resources group in its Sacramento office, focuses her practice on energy facility siting and environmental compliance and is an active member of the firm’s Energy Initiative. Her experience includes permitting natural gas-fired and solar energy facilities, as well as regulatory compliance and permitting involving water quality issues. She also has experience with CEQA, environmental and real property litigation.

Click here for Melissa Foster’s full bio.

Photo of Mike Mills Mike Mills

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and…

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and state hazardous waste cleanup matters, and help them successfully navigate property tax valuation disputes.

When necessary to protect his clients’ interests, Mike relies on his understanding of complex regulatory matters and his clients’ businesses to defend them in environmental litigation, defeat citizen suit claims, and reduce or eliminate fines and penalties. He has been listed in Northern California Super Lawyer® since 2013 in Environmental Law and Energy & Natural Resources.

Click here for Mike Mills’ full bio.

Photo of Lauren Neuhaus Lauren Neuhaus

Lauren Neuhaus is an associate in Stoel Rives’ Environment, Land Use & Natural Resources group. Lauren combines her academic background and work experience in environmental law and policy to effectively serve clients with environmental permitting, compliance, and enforcement matters.

Click here for Lauren…

Lauren Neuhaus is an associate in Stoel Rives’ Environment, Land Use & Natural Resources group. Lauren combines her academic background and work experience in environmental law and policy to effectively serve clients with environmental permitting, compliance, and enforcement matters.

Click here for Lauren Neuhaus’s full bio.