Bucket: regassist   Key: v2/targeted-fetch/water/us/ca/tdf_edc48a71047d1d00912e0d0719ef58d8/content.md
Source: https://www.waterboards.ca.gov/water_issues/programs/waste_discharge_requirements/docs/wqo2021-0002-dwq.pdf

State Water Resources Control Board Order WQ 2021-000 2 -DWQ

General Waste Discharge Requirements for Winery Process Water

January 20, 2021

This page intentionally left blank.

STATE WATER RESOURCES CONTROL BOARD ORDER WQ 2021-000 2 -DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR

WINERY PROCESS WATER

Table of Contents

of Tables ........................................................................................................................... ii of Tables ........................................................................................................................... ii of Tables ........................................................................................................................... ii
List of Attachments.................................................................................................................. ii List of Attachments.................................................................................................................. ii List of Attachments.................................................................................................................. ii
Acronyms and Abbreviations...................................................................................................iii Acronyms and Abbreviations...................................................................................................iii Acronyms and Abbreviations...................................................................................................iii
FINDINGS ...............................................................................................................................1 FINDINGS ...............................................................................................................................1 FINDINGS ...............................................................................................................................1
Background........................................................................................................................1 Background........................................................................................................................1 Background........................................................................................................................1
Applicability ........................................................................................................................2 Applicability ........................................................................................................................2 Applicability ........................................................................................................................2
Process Water Characterization.........................................................................................5 Process Water Characterization.........................................................................................5 Process Water Characterization.........................................................................................5
Process Water Ponds ........................................................................................................9 Process Water Ponds ........................................................................................................9 Process Water Ponds ........................................................................................................9
Land Application...............................................................................................................11 Land Application...............................................................................................................11 Land Application...............................................................................................................11
Subsurface Disposal System ...........................................................................................13 Subsurface Disposal System ...........................................................................................13 Subsurface Disposal System ...........................................................................................13
Solids Management .........................................................................................................14 Solids Management .........................................................................................................14 Solids Management .........................................................................................................14
Salt Control ......................................................................................................................15 Salt Control ......................................................................................................................15 Salt Control ......................................................................................................................15
Other Winery Activities Not Covered by This General Order............................................16 Other Winery Activities Not Covered by This General Order............................................16 Other Winery Activities Not Covered by This General Order............................................16
Application and Termination Processes...........................................................................18 Application and Termination Processes...........................................................................18 Application and Termination Processes...........................................................................18
Local Agency Oversight Program.....................................................................................20 Local Agency Oversight Program.....................................................................................20 Local Agency Oversight Program.....................................................................................20
Antidegradation Analysis..................................................................................................21 Antidegradation Analysis..................................................................................................21 Antidegradation Analysis..................................................................................................21
Title 27 Exemptions..........................................................................................................23 Title 27 Exemptions..........................................................................................................23 Title 27 Exemptions..........................................................................................................23
California Environmental Quality Act................................................................................24 California Environmental Quality Act................................................................................24 California Environmental Quality Act................................................................................24
Other Salt and Nitrogen Considerations...........................................................................25 Other Salt and Nitrogen Considerations...........................................................................25 Other Salt and Nitrogen Considerations...........................................................................25
Other Regulatory Considerations.....................................................................................27 Other Regulatory Considerations.....................................................................................27 Other Regulatory Considerations.....................................................................................27
Other Water Code Considerations ...................................................................................28 Other Water Code Considerations ...................................................................................28 Other Water Code Considerations ...................................................................................28
IT IS HEREBY ORDERED....................................................................................................31 IT IS HEREBY ORDERED....................................................................................................31 IT IS HEREBY ORDERED....................................................................................................31
A. Discharge Prohibitions................................................................................................31 A. Discharge Prohibitions................................................................................................31 A. Discharge Prohibitions................................................................................................31
B. Effluent Limitations (Tiers 2, 3, and 4) ........................................................................32 B. Effluent Limitations (Tiers 2, 3, and 4) ........................................................................32 B. Effluent Limitations (Tiers 2, 3, and 4) ........................................................................32
C. Discharge Specifications (Tier 1)................................................................................33 C. Discharge Specifications (Tier 1)................................................................................33 C. Discharge Specifications (Tier 1)................................................................................33
1) Specifications........................................................................................... 1) Specifications........................................................................................... 1) Specifications...........................................................................................
General 33
2) Process Water Pond Specifications....................................................................... 34
3) Land Application Specifications............................................................................. 35
4) Subsurface Disposal Specifications....................................................................... 35
D. Discharge Specifications (Tiers 2, 3, and 4) ...............................................................36 Discharge Specifications (Tiers 2, 3, and 4) ...............................................................36
1) General Specifications........................................................................................... 1) General Specifications........................................................................................... 36
2) Process Water Pond Specifications....................................................................... 2) Process Water Pond Specifications....................................................................... 38
3) Land Application Specifications............................................................................. 3) Land Application Specifications............................................................................. 43
4) Subsurface Disposal Specifications....................................................................... 4) Subsurface Disposal Specifications....................................................................... 46
E. Solids Specifications...................................................................................................49 Solids Specifications...................................................................................................49
F. Groundwater Limitations.............................................................................................50 Groundwater Limitations.............................................................................................50
G. Provisions ...................................................................................................................50 Provisions ...................................................................................................................50
1) Technical Provisions.............................................................................................. 1) Technical Provisions.............................................................................................. 50
2) Monitoring Provisions ............................................................................................ Monitoring Provisions ............................................................................................ 54
3) Reporting Provisions ............................................................................................. Reporting Provisions ............................................................................................. 54
4) Standard Provisions .............................................................................................. Standard Provisions .............................................................................................. 56
CERTIFICATION...................................................................................................................60 CERTIFICATION...................................................................................................................60 CERTIFICATION...................................................................................................................60
List of Tables List of Tables List of Tables
Table 1. Tier Determination.....................................................................................................3 Table 1. Tier Determination.....................................................................................................3 Table 1. Tier Determination.....................................................................................................3
Table 2. Winery Process Water Characteristics ......................................................................6 Table 2. Winery Process Water Characteristics ......................................................................6 Table 2. Winery Process Water Characteristics ......................................................................6
List of Attachments List of Attachments List of Attachments
Attachment A Attachment A Glossary...................................................................................................... A-1
Attachment B Attachment B Notice of Intent............................................................................................ B-1
Attachment C Attachment C Technical Report for Report of Waste Discharge........................................ C-1
Attachment D Attachment D Notice of Termination.................................................................................. D-1
Attachment E Attachment E Local Agency Oversight Program................................................................ E-1
Attachment F Attachment F Tribal Mitigation Measures ...........................................................................F-1
Attachment G Attachment G Monitoring and Reporting Program.............................................................G-1

STATE WATER RESOURCES CONTROL BOARD ORDER WQ 2021-000 2 -DWQ GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

Acronyms and Abbreviations

µmho/cm micromhos per centimeter FEMA Federal Emergency Management Agency
Basin Plan Regional Water Board Water Quality Control Plan gal/sqft/d gallons per square foot of discharge trench per day
BOD biochemical oxygen demand gal/sqft/mo gallons per square foot of discharge trench per month
BPTC best practicable treatment or control General Order general waste discharge requirements order
BPC Business and Professions Code gpd gallons per day
CEQA California Environmental Quality Act ILRP Irrigated Lands Regulatory Program
CCR California Code of Regulations in/ac/d inches per acre per day
CIMIS California Irrigation Management Information System LAA land application area
cm/s centimeters per second lb/ac lb/ac/d pounds per acre pounds per acre per day
CV-SALTS Central Valley Salinity Alternatives for Long-term Sustainability lb/ac/mo lb/ac/yr pounds per acre per month pounds per acre per year
DO dissolved oxygen LLC limited liability company
EC electrical conductivity MCL maximum contaminant level
ETc crop evapotranspiration MDL method detection limit
ETo reference evapotranspiration MG million gallons
fixed dissolved mg/kg milligrams per kilogram
FDS solids mg/L milligrams per liter

ACRONYMS AND ABBREVIATIONS iv GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

mil thousandths of an inch SAP sampling and analysis plan
MRP monitoring and reporting program SDS SGMA subsurface disposal system Sustainable Groundwater
N elemental nitrogen Management Act salt and nutrient management plan
NA not applicable SNMP
NOA Notice of Applicability TCR tribal cultural resource
NOI Notice of Intent TDS total dissolved solids
NOT Notice of Termination TKN total Kjeldahl nitrogen
NPDES National Pollutant Discharge Elimination System TSS total suspended solids
OAL Office of Administrative Law U.S. EPA United States Environmental Protection Agency
pdf portable document format Public Resources Code Water Code WDRs California Water Code
PRC PQL practical quantification limit waste discharge requirements
RL reporting limit
ROWD report of waste discharge

January 20, 2021 Order WQ 2021-000 2 -DWQ

FINDINGS

The State Water Resources Control Board (State Water Board) finds that:

BACKGROUND

  1. The wine industry in California is an important economic engine. Wine America, a trade association, commissioned an economic analysis of the American wine industry, including a state-by-state breakdown. The analysis reported the industry's total national annual impact of $220 billion with $71 billion annual impact to California's economy. 1 The analysis reported:
  2. a. The production, distribution, sales, and consumption of wine in California benefits many sectors of the state's economy. This economic activity preserves agricultural land, provides jobs, attracts tourists, generates taxes, and enhances the quality of life. The broader economic impact affects industries as varied as farming, banking, accounting, engineering, manufacturing, packaging, transportation, printing, advertising, and retail.
  3. b. The California wine industry directly employs as many as 259,600 people and generates an additional 90,100 jobs in supplier and ancillary industries, which supply goods and services to the industry, and whose sales depend on the wine industry's economic activity. Ultimately, 485,000 jobs are created and supported by the wine industry.
  4. The climate, soils, and regional geographic differences produce ideal growing conditions unique to California where approximately 4,580 wineries exist and approximately 560,000 acres of vineyards produce a variety of grapes for the wineries 2 where the Wine Institute estimates 2,070 (57%) of the 3,612 bonded wineries in California will be subject to this general waste discharge requirements order (General Order). The remaining 43% are likely not subject to this General Order because of operations not resulting in discharges to land (e.g., process water discharges to surface water or tank and haul operations of process water).
  5. Based on a 2020 estimate, 589 (16%) of the bonded wineries are currently permitted by the regional water quality control boards (regional water boards) through general waste discharge requirements (WDRs), individual WDRs, or a conditional waiver of WDRs.

1 John Dunham and Associates. 2017. Economic Impact of Wine Industry Report. Commissioned by Wine America. Summarized report information available on the Wine America website <https://wineamerica.org/impact/>. Accessed June 2, 2020.

2 John Dunham and Associates, 2017.

STATE WATER RESOURCES CONTROL BOARD ORDER WQ 2021-000 2 -DWQ

GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

APPLICABILITY

  1. This General Order is a general waste discharge requirements order for wineries and other similar facilities with activities related to producing wine or grape juice that generate winery waste and discharge it to land for reuse or disposal. Hereafter, such facilities are referred to as "winery" or "facility" and the facility owner or operator is referred to as "Discharger."
  2. This General Order includes a glossary of terms used throughout and is provided in Attachment A, which is hereby attached and made a part of this General Order.
  3. Facilities that discharge winery waste to land for the purpose of disposal or reuse are eligible for coverage under this General Order. Reuse activities include the use of treated process water for agricultural or landscape irrigation and the use of residual solids from winery processing as a soil amendment.
  4. For the purposes of this General Order, winery waste includes, but is not limited to, wine, grape juice, winery process water, and winery process solids. Winery process water includes, but is not limited to, washwater, cooling water, and stormwater directed through the process water collection, treatment, or disposal system and/or land applied. Winery process solids include, but are not limited to, leaves, stems, pomace (grape skins, seeds, and pulp), lees (yeast and other fine particulates), bentonite, and diatomaceous earth.
  5. Discharge of winery waste is an activity subject to the California Water Code (Water Code). Discharge of winery waste without WDRs or a waiver of WDRs is a violation of the Water Code because winery waste is a waste as defined by Water Code section 13050(d) and the discharge of winery waste can affect the quality of waters of the state (Water Code, section 13260(a)).
  6. Pursuant to Water Code, section 13260(a), any person discharging waste or proposing to discharge waste within a region, other than to a community sewer system, that could affect the quality of the waters of the state, must file a report of waste discharge (ROWD) to obtain coverage under WDRs or a waiver of WDRs.
  7. Pursuant to Water Code, section 13263(i), the State Water Board may prescribe general WDRs for a category of discharges if the discharges are produced by the same or similar operations, involve the same or similar types of waste, require the same or similar treatment standards, and are more appropriately regulated under general WDRs than individual WDRs. Discharges to land from winery process water and waste treatment and disposal systems have certain common characteristics, such as similar constituents, concentrations of constituents, and disposal techniques, and they require the same or similar treatment standards. These types of discharges are more appropriately regulated under general WDRs.
  1. Dischargers authorized under this General Order are classified into regulatory tiers based on the permitted annual facility process water design flow, which is the total volume of process water that may be discharged from the winery, including process water generated from outdoor processing areas, and measured prior to treatment, e.g., before discharged to a pond, land application area (LAA), or subsurface disposal system (Table 1). The annual total process water discharge flow (i.e., winery effluent flow) shall not exceed the permitted design flow stated in the facility Notice of Applicability (NOA). The application requirements, fees, and monitoring and reporting requirements are connected to, and commensurate with, the complexity of the discharge regulated under each tier.
  2. (1) Process water flow shall be measured directly via a flowmeter or, for Tier 1 and Tier 2 facilities only, may be calculated using an accurate alternative method (e.g., assumed equal to facility source water use, determined from a storage tank water balance). The regional water board may specify a required flow measurement method for the facility.
  3. Wineries with process water design flows less than 10,000 gallons per year (gal/yr) are unlikely to degrade water quality and are therefore exempt from this General Order provided they comply with the following:
  4. a. The Discharger shall not discharge waste:
  5. i. To surface waters or surface water drainage courses.
  6. ii. That is classified as "hazardous," as defined in California Code of Regulations (CCR), title 23, section 2521, or classified as "designated," as defined in Water Code section 13173.
  7. iii. That is untreated or partially treated from the treatment system.
  8. iv. To land not owned, operated, controlled, or contracted by the Discharger.

Table 1. Tier Determination

Tier Facility process water flow (1) (gal/yr)
Exempt <10,000
Tier 1 10,000 - 30,000
Tier 2 30,001 - 300,000
Tier 3 300,001 - 1,000,000
Tier 4 1,000,001 - 15,000,000
  1. This General Order is not a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to the Federal Clean Water Act. Winery operations with the potential to discharge winery waste to a water of the United States may require coverage under an NPDES permit. Wineries with the potential to discharge stormwater to a surface water of the United States are also required to have coverage under the statewide General Permit for Storm Water Discharges Associated with Industrial Activities, Order No. 2014-0057-DWQ, NPDES No. CAS000001 (Industrial General Permit), the statewide General Permit for Storm Water Discharges Associated with Construction Activities, NPDES No. CAS000002 (Construction General Permit), and any future promulgations, if the terms of these permits apply to the facility.

PROCESS WATER CHARACTERIZATION

  1. Winery process water is generated during production and cleaning. Wine production involves harvesting and crushing grapes, fermentation, clarification, aging and storing, blending, and bottling. Individual facilities vary and can include one or more of these operations. Facility cleaning involves washing processing equipment, floors, tanks, barrels, and bottles. Other sources of process water are cleaning chemicals, spilled wine or juice, water softener regeneration brine, and boiler or cooling tower blowdown.
  2. Process water collection and storage involves use of floor drains and trenches, piping, pumps, tanks, and other ancillary equipment. Wineries typically use ponds, land application, and subsurface disposal systems to treat, reuse, and/or dispose of process water.
  3. Process water quality varies based on the source water quality, facility operations, and cleaning chemicals used. Process water quality and volume also vary seasonally, with the highest flows and highest constituent concentrations found during crush when grapes are harvested and pressed. Crush typically occurs from September through November for about 45 to 75 days 3 though this varies by winery. Some wineries operate year-round, generating process water during the off-season from blending, bottling, and cleaning. Winery process water quality characteristics are provided in Table 2. Published winery process water studies and/or United States Environmental Protection Agency (U.S. EPA) winery process water publications also contain winery process water characteristic information.
  4. Pomace is separated from wine after the first fermentation step and lees are precipitated from the second fermentation step. Coarse screens are used to remove the larger solids and fine screens, filters, or settling may be needed to remove the smaller particulates from process water.

3 U.S. EPA. 1975. Pilot Scale Treatment of Wine Stillage. Prepared by E. Schroeder. EPA-660/2-75-002.

Table 2. Winery Process Water Characteristics

Parameter Unit Process water average (1) Process water range (1,2)
pH pH units -- 3.8 - 9.3
BOD mg/L 2,767 190 - 9,100
EC µS/cm 1,428 958 - 2,100
TDS mg/L 1,356 520 - 2,270
FDS mg/L 759 350 - 1,000
VDS mg/L 598 100 - 1,290
TSS mg/L 580 40 - 2,300
NH 3 as N mg/L 60 0.5 - 360
NO 2 as N mg/L 0.4 <0.1 - 1.6
NO 3 as N mg/L 1.8 <0.45 - 5.7
Organic N mg/L 17 3 - 70
TKN mg/L 64 <4 - 430
Total N mg/L 78 5 - 430
B mg/L 0.25 0.1 - 0.4
Na mg/L 108 31 - 200
K mg/L 144 36 - 369
Ca mg/L 55 13 - 130
Mg mg/L 21 8 - 44
Fe mg/L 1.03 0.50 - 1.67
Mn mg/L 0.10 <0.025 - 0.16
Cu mg/L 0.16 0.04 - 0.62
Zn mg/L 0.30 0.06 - 1.2
Cl mg/L 85 5 - 180
S 2- mg/L 3 <0.1 - 7.2
SO 4 mg/L 149 56 - 359

Source: Wine Institute. 2009. Comprehensive Guide to Sustainable Management of Winery Water and Associated Energy. Prepared by Kennedy/Jenks Consultants.

'< [value]' = analytical result below reported detection limit

(1) Process water samples collected from two wineries during crush and non-crush periods; conditions at other wineries will vary.

  1. The primary constituents of concern in process water are nitrogen, biochemical oxygen demand (BOD), and salinity. Grape juice, wine, pomace, and cleaning chemicals contribute nitrogen, BOD, and salinity. Source water is also a significant source of salinity and can sometimes contribute nitrogen to process water.
  2. a. Nitrogen - process water has low levels of nitrate and high concentrations of ammonia and organic nitrogen, which can readily mineralize and convert to nitrate in soil. Excessive nitrogen application to land from process water and other nitrogen-containing materials can result in nitrate leaching and groundwater degradation. The federal and state drinking water maximum contaminant levels (MCLs) for nitrate as nitrogen are both 10 milligrams per liter (mg/L). Therefore, this General Order requires land application of process water nutrients at agronomic rates and discharge of process water treated to meet a nitrogen effluent limit prior to subsurface disposal to preclude the creation of pollution, contamination, or nuisance. Some of the nitrogen in the process water will be lost to the atmosphere, stored in the soil matrix, or taken up by plants when applied to cropped (or landscaped) land. As a result, land application at an agronomic rate and subsurface disposal of process water treated to an effluent limit are unlikely to impair beneficial uses of groundwater.
  3. i. An agronomic rate is the rate of application of nutrients in amounts necessary to satisfy the plant nutrient demand (crop uptake) while minimizing the movement of nutrients below the plant root zone, considering the crop, soil, climate, irrigation method and efficiency, leaching fraction, and factors that impact plant available nitrogen (e.g., nitrogen loss from denitrification, volatilization, and soil storage). Application at an agronomic rate must account for nutrient loading from all sources, e.g., process water, supplemental water, process solids, fertilizers, compost, and soil amendments. Nitrogen lost to denitrification, volatilization, and storage in soil humus can be estimated based on the irrigation method. 4 This General Order requires Dischargers to apply nitrogen at rates that do not exceed the crop agronomic rate as defined in this General Order.
  4. ii. Crop uptake values to calculate the agronomic rate are typically determined from plant tissue sampling or published sources. Crop uptake values for common plants can be found in the California League of Food Processors Manual of Good Practice 5 and the Western Fertilizer Handbook. 6 Additionally, the California

4 California League of Food Processors. 2007. Manual of Good Practice for Land Application of Food Processing/Rinse Water. Prepared by Brown and Caldwell and Kennedy/Jenks Consultants.

<http://clfp.com/documents/Manualofgoodpractice/CLFP%20Manual_COMPLETE_FINAL_3-14-07%20(2).pdf>. Accessed June 10, 2020. (California League of Food Processors, 2007).

5 California League of Food Processors, 2007.

6 Western Plant Health Association. 2002. Western Fertilizer Handbook. 9th edition.

Department of Food and Agriculture 7 and the University of California Agriculture and Natural Resources 8 have developed resources that can be used to determine crop uptake values.

7 California Department of Food and Agriculture. 2020. Fertilization Guidelines.

<https://www.cdfa.ca.gov/is/ffldrs/frep/FertilizationGuidelines/>. Accessed November 10, 2020.

8 University of California, Agriculture and Natural Resources. 2020. <https://ucanr.edu/>. Accessed November 10, 2020.

9 California League of Food Processors, 2007.

10 See Salt Control section findings.

  1. Chemical use, product loss from grape juice and wine, and biological reactions during process water storage and treatment can increase or decrease the pH of process water. The pH of water determines the solubility and biological availability of chemical constituents such as nutrients and heavy metals. Low or high pH of process water discharged to land can deteriorate soil health and mobilize metals, potentially degrading the underlying groundwater quality. Winery process water that is neutralized to a pH between 6.0 and 9.0 prior to discharge to land will minimize the potential for negative impacts to soil biological treatment, crop growth, and groundwater quality.
  2. To minimize the risk from inadvertent or accidental winery waste or domestic wastewater discharges offsite or impacts to water supply sources, this General Order requires setbacks (minimum horizontal distances) to prevent discharging too closely to surface waters, water supply wells (e.g., drinking water wells, agricultural irrigation wells), and the facility property line. Such setbacks reduce the risk of direct and indirect discharges (e.g., spills from a berm, pond, or other containment failure, percolation or groundwater flow containing constituents traveling over time towards a well) by increasing the travel distance to the site feature, which also allows time to detect, prevent, and mitigate potential impacts.

PROCESS WATER PONDS

  1. Process water ponds (hereafter referred to as ponds) provide process water storage, mixing, equalization, treatment, disposal, and operational flexibility for wineries. Most ponds settle suspended solids, ponds with aeration reduce BOD, and ponds with alternating aerobic and anoxic zones remove nitrogen. Constructed wetlands (engineered vegetated ponds) reduce BOD and nitrates and are effective as a polishing step prior to land application.
  2. Pond size and land disposal acreage are interrelated; more available storage means less area is needed for land application or subsurface disposal, and vice versa. This balance is determined by site conditions and constraints, process water volume and quality, treatment objectives, costs, and operational resources.
  3. Ponds are sized using normal year and wet year water balances (calculated monthly). The water balance accounts for pond inputs (e.g., process water generation, precipitation) and pond outputs (e.g., process water use, evaporation). The water balance can also be used to identify water shortfalls and when supplemental water may be needed to augment process water supplies to meet seasonal crop needs.
  4. a. Ponds are sometimes emptied before the start of crush to maximize available capacity when process water generation is highest. Water levels tend to increase throughout the fall and winter, when crop needs are low and precipitation is high, and begin to drop during the spring and summer growing seasons when water use is higher to meet crop demand.

11 California Irrigation Management Information System. 2020. <https://cimis.water.ca.gov/>. Accessed November 10, 2020.

12 California League of Food Processors, 2007.

13 Irrigation Training & Research Center, Cal Poly, San Luis Obispo. 2020.

<http://www.itrc.org/etdata/index.html>. Accessed November 10, 2020.

LAND APPLICATION

  1. Land application is a strategy to beneficially reuse process water to grow crops (or plants, including landscape irrigation). Because winery process water contains organic matter and nitrogen, land applying it improves soil productivity and provides supplemental plant nutrients while simultaneously treating and disposing of the process water. The FDS in process water includes plant macronutrients (e.g., ammonium, nitrate, phosphorous, potassium) that are removed by land application systems that incorporate growing and removing crops. 14
  2. Crop water needs are met through precipitation, process water, and supplemental water from fresh water sources (e.g., irrigation canals, groundwater wells, and stored stormwater). This General Order requires the Discharger to monitor the source water, process water, and supplemental water quality to determine compliance with applicable nitrogen and BOD loading limits.
  3. Land application areas can be effectively managed to prevent excessive nitrogen and BOD loading by applying process water nutrients at agronomic rates and within the BOD loading limit, respectively.
  4. Nitrogen needs for a healthy crop are met through process water, supplemental water, fertilizers, and soil amendments.
  5. a. Nitrogen from process water goes through chemical and biological transformations in soil. Organic nitrogen mineralizes over time to ammonia, some of which is converted to nitrate by microbes under aerobic conditions (nitrification). Nitrate can be taken up

14 California League of Food Processors, 2007.

by plants, immobilized in the soil, converted under low oxygen (anoxic) conditions to nitrogen gas and lost to the atmosphere (denitrification), or leached to groundwater. Nitrogen lost to denitrification, volatilization, and storage in soil humus can be estimated based on the irrigation method. 15

15 California League of Food Processors, 2007.

16 California League of Food Processors, 2007.

  1. Employing good land application and farming practices and site controls are necessary to prevent excessive hydraulic loading, nuisance conditions, and offsite discharges. LAAs must have irrigation water distribution uniformity (e.g., considering LAA slope and size, irrigation method, soil properties), be operated to prevent ponding or odors, and be equipped with the field controls (e.g., containment berms or ditches, tailwater collection and return) necessary to prevent offsite discharges of process water.
  2. Irrigation systems are typically designed to irrigate slightly above a plant's evapotranspiration needs by incorporating a reasonable leaching fraction (e.g., 15 percent) to ensure that salts are not accumulating in the soil profile. Irrigation volumes are also based on the irrigation method efficiency (e.g., for drip, sprinkler, furrow, or flood irrigation). The land application area must be properly managed to prevent over irrigation, which can result in runoff or ponding.
  3. Wineries that generate and land apply larger volumes of process water inherently have a higher potential for percolation to groundwater and groundwater degradation. Therefore, Tier 4 facilities are required to conduct groundwater monitoring at the LAA unless the Discharger demonstrates a reduced potential for groundwater degradation and qualifies for a regional water board approved exemption.
  4. Wineries with groundwater monitoring data demonstrating impacts to water quality may be required by the regional water board to evaluate the winery, treatment, and disposal operations and address and mitigate groundwater quality impacts through the development and implementation of a site-specific Nitrogen Control Plan.

SUBSURFACE DISPOSAL SYSTEM

  1. Subsurface disposal systems (SDSs) consist of a treatment unit and a subsurface disposal area (e.g., drainfield, infiltration gallery, dispersal area). Treated effluent is discharged via gravity flow or a low-pressure distribution system to a shallow disposal area. Plants grown at the subsurface disposal area can provide some additional treatment.
  2. Though more commonly used by smaller wineries, larger wineries with limited land application area or pond capacity also use SDSs. Wineries sometimes use an SDS in conjunction with land application.
  3. Siting, design, and operation of an SDS depend on site conditions, groundwater elevation, process water volume and characteristics, and soil properties (e.g., soil depth, texture, permeability, and soil layers that restrict water flow). 17
  4. SDSs are designed with different treatment objectives.
  5. a. Simple SDSs with only solids settling provide minimal treatment. In the settling tank, process solids settle out and the anaerobic conditions provide some BOD reduction

17 Wine Institute. 2009. Comprehensive Guide to Sustainable Management of Winery Water and Associated Energy. Prepared by Kennedy/Jenks Consultants.

SOLIDS MANAGEMENT

  1. Coarse and suspended process solids are screened, filtered, precipitated, and settled from grape juice, wine, and process water. Removing solids prior to directing process water to flowmeters, storage tanks, and treatment systems minimizes system clogging, extends the life of equipment, improves treatment efficiency, and restores system capacity.
  2. Process solids are also generated from process water treatment systems. Ponds are periodically dredged to restore capacity. Sludge and scum from settling tanks are also removed as part of regular maintenance.

18 Wine Institute, 2009.

  1. Process solids release nitrogen, BOD, and salinity as the organic material breaks down. Liquid (process water) drained from solids after precipitation exposure or during storage have high concentrations of these constituents. Discharge or percolation of this higher strength process water can potentially degrade groundwater. Process solids are typically containerized or stockpiled and dried before they are land applied as a soil amendment or disposed of offsite. Onsite composting and reuse of process solids are encouraged.

SALT CONTROL

  1. Effective strategies to minimize the FDS concentration in process water include facility source control, chemical substitution and recycling, good housekeeping, solids removal, and other BPTC measures. Most of these measures aim to keep salts out of process water. Salt reduction technologies (e.g., reverse osmosis) are available, but can be expensive so are not as widely used.
  2. a. Source control - facility methods aimed at isolating high FDS, often low volume, waste streams, then treating and disposing of them separately from the bulk process water flow. Discrete wastes from salt additive processes, such as regeneration brine from water softeners, can be straightforward to isolate.
  3. b. Chemical substitution - facility use of available alternative non-salt-based cleaning chemicals, when feasible, can be part of an effective approach to salt management. Chlorinated cleaning solutions can be substituted for peracetic acid or other non-ionic, non-sodium, non-chloride cleaners. Although replacing sodium-based chemicals with potassium-based ones does not reduce salt concentrations, the substitution is still beneficial because potassium is a nutrient that is taken up by bacteria and plants when land applied and has less of a potential to reach groundwater than sodium. 19
  4. c. Chemical recycling and reuse - facility methods aimed at using chemical solutions more than once in some processes before discharging (e.g., for cleaning successive tanks) reduces the volume of chemicals used and its associated salts. Some chemicals can also be recovered, purified, and reused (e.g., clean-in-place systems, ion exchange, distillation).
  5. d. Good housekeeping - improved employee training and implementation of facility cleanup and operational methods can be inexpensive but effective at reducing salt discharges. These methods include using dry sweeping instead of wet rinses, using high pressure, low flow water nozzles with automatic shutoffs, and directing pomace to a solids collection bin rather than to process water drains.
  6. e. Solids removal - screening, settling, flotation, and other methods are widely used to remove solids from process water and can substantially reduce the BOD, nitrogen, and salt loads.
  7. f. Reverse osmosis - semi-permeable membrane technologies (e.g., reverse osmosis, nanofiltration) can be used to separate dissolved salt from source water to produce

19 California League of Food Processors, 2007.

soft water for boilers, cooling towers, and other systems. These salt separation methods concentrate salt from source water into a brine solution that can be disposed of separately or discharged to the process water system.

  1. Minimum salt control BPTC measures, generally consisting of good housekeeping, source control and reduced salt usage, and solids screening and management, are required on a compliance schedule in this General Order.
  2. Wineries generally have greater control over their winemaking operations and chemical use than changing the source of their water supply. Normal winery operations will increase process water salinity above source water salinity. Implementing best practices can minimize this salinity increase.
  3. a. This General Order requires Tiers 2, 3, and 4 facilities to compare winery effluent FDS concentrations to an FDS threshold to determine if additional measures are needed at the facility to control salt and minimize the potential for groundwater degradation. The FDS threshold is equal to the source water FDS concentration plus 320 mg/L and is based on reasonable BPTC measures that can be implemented at wineries to minimize salinity impacts to groundwater. 20
  4. b. Facilities that exceed the FDS threshold may be required to evaluate the winery, treatment, and disposal operations, discuss findings, and propose improvements to reduce effluent FDS in a Salt Control Plan. An exceedance of the FDS threshold is not a violation of this General Order, however this General Order requires the Discharger to implement salt control BPTCs and to potentially submit a Salt Control Plan if the FDS threshold is exceeded.

OTHER WINERY ACTIVITIES NOT COVERED BY THIS GENERAL ORDER

  1. Some wineries have developed public assembly facilities for weddings, corporate meetings, retreats, or concerts. Those activities generate wastewater that is not covered under this General Order and the discharges may be permitted either by a local agency or the regional water board based upon the effluent flow rate and quality.
  2. Some wineries operate distilleries to produce brandy and fortifying spirits. Distilleries and stillage (distillation waste) are not covered by this General Order.
  3. Stormwater that comes into contact with winery waste contains process water constituents of concern and for that reason is considered winery process water. Such contacted stormwater is required to be managed as directed by this General Order. This General Order does not cover stormwater controlled and contained separately that does not contact winery waste.

20 California League of Food Processors, 2007.

  1. Domestic wastewater is not covered by this General Order and will need to be permitted by a local agency, a regional water board, or other appropriate entity.
  2. a. Wineries produce domestic wastewater generated by employees and visitors. It is desirable to keep the process water and domestic wastewater separated due to the additional requirements imposed to address domestic wastewater associated constituents, such as pathogens. Regional water board orders for winery process wastewater including the North Coast Water Board Order No. R1-2002-0012 and Central Coast Water Board Order R3-2017-0020 explicitly outline the segregation of domestic wastewater and process water systems.
  3. b. Alternative commingled process water and domestic wastewater treatment systems may be permitted by a local agency, a regional water board, or other appropriate entity. Regulatory limits for these systems vary in stringency and are out of scope for coverage under this General Order.
  4. c. Some wineries may allow recreational vehicles (RVs) to visit their facilities or use portable toilets to accommodate large events. Discharges from RV holding tanks or portable toilets may contain chemicals that can pollute groundwater quality. Some commercially available products used to control holding tank/portable toilet odors may contain chemicals such as formaldehyde, methyl alcohol, zinc, phenol, or other harmful chemicals. These chemicals can kill the bacteria in wastewater treatment systems and cause wastewater to be inadequately treated. Inadequately treated wastewater may cause additional problems such as leach field/seepage pit failure, surfacing wastewater, and potential exposure and health risks. Discharge of these chemicals to groundwater that creates pollution may result in enforcement activities requiring groundwater remediation. This General Order prohibits the discharge of RV holding tank wastewater or portable (chemical) toilet waste to an onsite wastewater treatment system without separate WDRs issued by the regional water board addressing the waste.
  5. d. Use of recycled water is subject to the Uniform Water Recycling Criteria contained in Title 22, Division 4, of the California Code of Regulations. Because the use of recycled water requires additional authorization from the regional water board and State Water Board Division of Drinking Water, wineries that produce recycled water subject to Title 22 are not eligible for coverage under this General Order. Wineries that commingle wastewater in a way that makes the discharge subject to the Uniform Water Recycling Criteria (e.g., irrigate with treated wastewater that contains any amount of treated or untreated domestic waste) are not eligible for coverage under this General Order.
  6. e. Dischargers that land apply solids that contain domestic wastewater associated solids are not covered by this General Order and are subject to the requirements in 40 Code of Federal Regulations (CFR) Part 503.

APPLICATION AND TERMINATION PROCESSES

  1. Existing wineries, except those with individual WDRs, general WDRs, or conditional waivers of WDRs, are required to seek coverage under this General Order by submitting a complete Notice of Intent (NOI) (Attachment B), including the appropriate filing fee (CCR, title 23, section 2200), and a technical report including, but not limited to, the information requested in Attachment C to the regional water board. Attachment B and Attachment C are hereby attached and made a part of this General Order. The NOI, technical report, and filing fee must be submitted within 3 years of adoption of this General Order unless otherwise notified of an earlier enrollment date by the regional water board.
  2. For existing facilities : The technical report shall include a proposed schedule for full compliance that must be as short as practicable but may not exceed 5 years from the date of the NOI. If any proposed completion dates exceed the compliance periods stipulated in this General Order, the change must be supported with appropriate technical and/or economic justification. The regional water board may modify the proposed schedule as appropriate and will provide the approved schedule in the NOA.
  3. The State Water Board intends for this General Order to be the primary permitting mechanism for wineries in the state. Dischargers covered by individual WDRs, general WDRs, or a conditional waiver of WDRs may continue discharging under that authority until those orders expire or come up for renewal. At that time, or earlier at the discretion of the regional water board, it is the intent of the State Water Board that regional water boards will enroll all eligible wineries under this General Order. If a regional water board
  1. To terminate enrollment under this General Order, Dischargers are required to submit a complete Notice of Termination (NOT) (Attachment D), which is hereby attached and made a part of this General Order, at least 120 days prior to terminating all waste discharge activities. A regional water board inspection of the facility may be required prior to termination of coverage.
  2. a. The Discharger must submit a complete NOT to the regional water board and, if applicable, provide a copy to the local agency providing General Order oversight.
  3. b. The Discharger filing a request for termination of General Order coverage does not stay any requirement of this General Order. The Discharger continues to be responsible for the fees and self-monitoring reports required by this General Order until the NOT is approved by the regional water board.

LOCAL AGENCY OVERSIGHT PROGRAM

  1. Local agencies may apply to the State Water Board or regional water board for oversight of wineries located within the local agency jurisdiction and covered by this General Order. Some regional water boards work with County Environmental Health Programs and may authorize local agencies to oversee winery process water activities. Continuation of local agency oversight consistent with this General Order can streamline regional water board resources for General Order implementation.
  2. Local agencies are required to adhere to the Local Agency Oversight Program requirements in Attachment E, which is hereby attached and made a part of this General Order. The primary role of the local agency is to oversee implementation of the technical requirements of this General Order after the Discharger enrolls in the General Order and related enrollment in the local oversight program. The regional water board or State Water Board may coordinate with the local agency on the Discharger General Order enrollment, Notice of Applicability issuance, and Notice of Termination approvals to support the requirements of this General Order.
  3. Local agencies seeking oversight responsibilities for winery waste discharges must demonstrate adequate resources and technical expertise to implement such a program and must also have the legal authority to administer this General Order.
  4. a. The local agency must submit a Local Agency Oversight Program application to the State Water Board or regional water board, as described in Attachment E, to apply for authorization to administer this General Order.
  5. b. The State Water Board or regional water board will issue an authorization letter to the local agency to indicate approval of the Local Agency Oversight Program application and that oversight authorization has been granted. The State Water Board or regional water board may limit the tiers that are eligible for local agency oversight.
  6. Local agencies that obtain oversight responsibility will administer this General Order, but local agency oversight is not a substitute for regulation under this General Order. Dischargers are required to comply with all requirements of this General Order and the facility NOA, MRP, and compliance schedule.

ANTIDEGRADATION ANALYSIS

  1. State Water Board Resolution 68-16, Statement of Policy with Respect to Maintaining High Quality of Waters in California (hereafter the Antidegradation Policy), requires that disposal of waste into waters of the state be regulated to achieve the highest water quality consistent with the maximum benefit to the people of the state. The quality of some waters is higher than established by adopted policies and that higher quality water shall be maintained to the maximum extent possible consistent with the Antidegradation Policy. The Antidegradation Policy requires the following:
  2. a. Maintenance of existing high quality waters of the state unless limited degradation is consistent with maximum benefit to the people of the state, will not unreasonably affect present and anticipated beneficial use of the water, and will not result in water quality less than that prescribed in state policies. Higher quality water will be maintained until it has been demonstrated to the state that any change will be consistent with the maximum benefit to the people of the state, will not unreasonably affect present and anticipated beneficial uses of the water, and will not result in water quality less than that prescribed in state policies.
  3. b. Any activity that produces or may produce a waste and discharges or proposes to discharge to existing high quality waters will be required to meet WDRs that will result in BPTC of the discharge necessary to assure pollution or nuisance will not occur, and the highest water quality consistent with maximum benefit to the people of the state will be maintained.
  4. This General Order requires Dischargers to implement BPTCs to maintain the highest water quality consistent with maximum benefit to the people of the state. The required BPTCs are included in the NOA issued by the regional water board.
  1. This General Order allows discharge to numerous groundwater sources, each with its own chemical characteristics. There is insufficient data to determine which receiving waters are high quality waters. This General Order authorizes limited degradation to high quality waters provided it is consistent with the terms of the applicable regional water board water quality control plan (Basin Plan), other applicable State Water Board and regional water board policies, the Antidegradation Policy, and as described in these findings.
  2. This General Order includes BPTC requirements, a BPTC compliance schedule, and monitoring and reporting requirements. BPTC measures are defined for all tiers. Higher risk tiers have more BPTC requirements than lower risk tiers. This General Order does not preclude Dischargers from implementing more than the minimum BPTC measures required for each tier. Wineries with process water design flows less than 10,000 gallons implementing the control measures defined in this General Order are unlikely to degrade water quality and are exempt from this General Order. This General Order includes provisions for the regional water board to enroll such Dischargers found to be a threat to water quality to enroll into Tier 1 of this General Order.
  3. This General Order places restrictions on the discharge of waste from winery operations. The terms and conditions of this General Order are designed to minimize groundwater quality degradation and protect beneficial uses of waters of the state, including access to safe and reliable drinking water. The primary constituents of concern in winery waste that have the potential to degrade water quality are BOD, nitrogen, and salinity.
  4. a. This General Order includes a BOD loading limit for land application, a BOD effluent limit for subsurface disposal, and pond operational requirements to minimize the potential for process water to create or contribute to nuisance conditions.
  5. b. This General Order includes a nitrogen application rate limit for land application, a nitrogen effluent limit or first encountered groundwater limit for subsurface disposal, and pond siting and liner hydraulic conductivity requirements to minimize the potential to cause or contribute to groundwater quality above the nitrate water quality objective. Facilities that exceed the nitrogen limits may be required to evaluate the winery, treatment, and disposal operations to determine improvements needed to comply with the limits.
  6. c. This General Order requires facilities in all tiers to control salt and Tiers 2, 3, and 4 facilities to also evaluate compliance with the FDS threshold and implement additional salt control measures to minimize process water salinity. Facilities that exceed the FDS threshold may be required to evaluate the winery, treatment, and disposal operations for additional salt control measures.
  7. The California wine industry benefits many sectors of the state's economy. This economic activity preserves agricultural land, provides jobs, attracts tourists, generates tax revenues, and, on a broader economic basis, affects other industries such as farming, banking, engineering, manufacturing, packaging, transportation, advertising, and retail. The wine industry includes approximately 4,580 wineries in the state that produce grapes across approximately 560,000 acres of vineyards, supports approximately 485,000 jobs, and generates a national annual impact of about $220 billion and a statewide annual

impact of about $71 billion. 21 The economic prosperity of communities and associated industry is of maximum benefit to the people of the state and provides sufficient justification for allowing the limited groundwater degradation that may occur. Limited degradation of groundwater by some waste constituents associated with winery process water, after effective source control, treatment, and control measures are implemented as required by this General Order, is consistent with the maximum benefit to the people of the state.

TITLE 27 EXEMPTIONS

  1. The winery waste treatment, storage, and disposal activities described in this General Order are exempt from the requirements of Consolidated Regulations for Treatment, Storage, Processing, or Disposal of Solid Waste in CCR, title 27, division 2, subdivision 1, section 20005, et seq. (hereafter Title 27). The activities are exempt from the requirements of Title 27 so long as the activity meets, and continues to meet, all preconditions listed below.
  2. a. Wastewater, section 20090(b) - discharges of wastewater to land, such as evaporation ponds, percolation ponds, or subsurface leach fields, if the following conditions are met:
  3. i. The applicable regional water board has issued WDRs, reclamation requirements, or waived such issuance.
  4. ii. The discharge complies with the applicable water quality control plan.
  5. iii. The wastewater does not need to be managed according to CCR, title 22, division 4.5, chapter 11, as a hazardous waste.

These conditions are satisfied because winery process water discharges covered by this General Order must comply with the applicable regional water board Basin Plan or any applicable statewide water quality control plan or policy and process water does not need to be managed as a designated or hazardous waste.

Application of winery waste to land is a beneficial reuse of this organic material as a soil amendment and source of plant nutrients.

21 John Dunham and Associates, 2017.

CALIFORNIA ENVIRONMENTAL QUALITY ACT

  1. The State Water Board is the lead agency for purposes of complying with the California Environmental Quality Act (CEQA) (Public Resources Code, sections 21100 - 21177). The State Water Board provided notice of intent to adopt a mitigated negative declaration ( SCH No. #2020070485 ) for this General Order on July 3, 2020 and specifically through the State Clearing House on July 24, 2020 (CCR, Title 14, section 15072) as lead agency under CEQA. The State Water Board, after the consideration of the mitigated negative declaration and comments received during the public review process, hereby determines that any potential effects of the proposed project are mitigated by the strict eligibility criteria, discharge prohibitions, WDRs, monitoring and reporting requirements, and other requirements of this General Order, such that no significant effects will occur.
  2. This General Order is intended to cover both new and existing wineries.
  3. a. The adoption of this General Order for new and existing wineries is categorically exempt from CEQA under CCR, title 14, section 15308 (actions by regulatory agencies for protection of the environment). Additionally, the adoption of this General Order for existing wineries is categorically exempt from CEQA under CCR, title 14, section 15301 (ongoing or existing projects).
  4. b. California Code of Regulations, section 15300.2 provides exceptions to these categorical exemptions based on location, cumulative impact, and significant effects due to unusual circumstances, scenic highways, hazardous waste sites, and historical resources. There is no evidence that any of these exceptions apply. However, in the event this evidence is found to exist, an Initial Study was prepared pursuant to the CEQA Guidelines (CCR, title 14, section 15063) to consider whether adoption of this General Order could have a significant effect on the environment.
  5. c. This General Order Initial Study analysis and early consultation with the responsible and trustee agencies did not identify any significant impacts on the environment.
  6. d. New or expanding wineries are subject to further CEQA evaluation on a site-specific basis by local agencies performing CEQA evaluations of proposed projects. The potential significant environmental impacts from discharges of winery waste can be

OTHER SALT AND NITROGEN CONSIDERATIONS

81. Sustainability Programs

22 Tribal cultural resource (TCR) is defined in Public Resources Code section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe. This may include, but is not limited to, sites of historical, cultural, tribal, or related resource significance.

direct Tier 3 and Tier 4 facilities to prepare a Nitrogen Control Plan that evaluates site-specific measures that may be more protective than the sustainability program measures. Such facilities are required to implement the Nitrogen Control Plan measures in addition to the sustainability program measures.

82. Salt and Nutrient Management Plans

  1. The Central Valley Regional Water Board adopted Basin Plan amendments incorporating new programs for addressing ongoing salt and nitrate accumulation on May 31, 2018 (Resolution No. R5-2018-0034). The State Water Board adopted a resolution (Resolution 2019-0057) approving the Central Valley Water Board Basin Plan amendments and also directed the Central Valley Water Board to make targeted revisions to the Basin Plan amendments within one year from the approval of the Basin Plan amendments by the Office of Administrative Law (OAL). The Office of Administrative Law approved the amendments on January 15, 2020 (OAL Matter No. 2019-1203-03). The resolution, Amendments to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to Incorporate a Central Valley-wide Salt and Nitrate Control Program (R5-2018-0034) , resulted from a Central Valley Regional Water Board initiated collaborative stakeholder initiative known as the Central Valley Salinity Alternatives for Long-term Sustainability (CV-SALTS).
  2. a. To the extent consistent with CV-SALTS, Dischargers determined by the Central Valley Regional Water Board to be participants in good standing in the CV-SALTS Alternative Permitting Approach for Salinity are exempt from compliance with Discharge Specifications C.1.a and C.1.c, Section D.1.b and D.1.d, and Groundwater Limitations F.1 and F.2, as they apply to water quality objectives for salinity. All other provisions of this General Order remain in effect.
  3. b. The Central Valley Regional Water Board may approve exceptions consistent with CV-SALTS to the crop agronomic rate limitation for nitrogen application to land application areas in Effluent Limitations B.4, the 10 mg/L nitrogen effluent limitation for subsurface disposal systems in Effluent Limitations B.6, and Groundwater Limitations F.1 and F.2 as they apply to nitrate/nitrogen. The Nitrogen Control Plan requirements remain in effect where applicable by the terms of this General Order, but the Central Valley Regional Water Board may approve the functional equivalent of a Nitrogen Control Plan through a management zone implementation plan. The Central Valley Water Board may approve these CV-SALTS exceptions by issuing waste discharge requirements under Water Code section 13263 or a time schedule order under Water Code section 13300. Either such approval will have the effect of modifying this General Order. The Regional Water Board's approval of any exceptions for enrollees under this General Order must specify that all other provisions of this General Order remain in effect.

OTHER REGULATORY CONSIDERATIONS

  1. Beneficial uses for groundwater are determined by each regional water board and are listed in their respective Basin Plans. Beneficial uses for groundwater include: agricultural supply (AGR), aquaculture (AQUA), fresh water replenishment (FRSH), groundwater recharge (GWR), hydropower generation (POW), industrial service supply (IND), municipal and domestic supply (MUN), industrial process supply (PROC), water contact recreation (REC-1), and wildlife habitat (WILD). Some beneficial uses only apply to certain geographic areas within a region.
  1. Some groundwater basins in the state contain salts and nutrients that exceed or threaten to exceed water quality objectives established in the applicable Basin Plan and not all Basin Plans include adequate implementation procedures for achieving or ensuring compliance with the water quality objectives for salts or nutrients. These conditions can be caused by naturally occurring sources of salinity, discharges of agricultural, domestic, industrial, and municipal wastewater; fertilizers; and residual solids (including onsite wastewater treatment systems). In addition, irrigation using imported water, diverted water, surface water, groundwater, or recycled water, and indirect potable reuse for groundwater recharge can contribute to increased salt and nutrient loading.
  2. Basin Plans establish water quality objectives to protect beneficial uses. The objectives may be narrative, numeric, or both. This General Order requires the Discharger to comply with those objectives in receiving groundwater. All WDRs must implement the applicable regional water board Basin Plan for the region in which the discharge occurs. Therefore, this General Order requires Dischargers to comply with all applicable Basin Plan requirements, including any prohibitions and water quality objectives governing the discharge. In the event of a conflict between the requirements of this General Order and the Basin Plan, the more stringent requirement prevails unless otherwise specified in this General Order.
  3. This General Order does not authorize the commission of any act causing damage to the property of another, or protect the Discharger from liabilities under federal, state, or local laws. This General Order does not convey any property rights or exclusive privileges.
  4. This General Order does not supersede any federal, state, or local law or regulation.
  5. This General Order does not preempt or supersede the authority of local governmental agencies to prohibit, restrict, or control discharges of waste subject to their jurisdiction. It is the responsibility of the Discharger to obtain any required local governmental agency permits or authorizations necessary for compliance with this General Order.
  6. This General Order does not relieve the Discharger from responsibility to obtain any required local, state, or federal permits to construct facilities necessary for compliance with this General Order, nor does this General Order prevent imposition of additional standards, requirements, or conditions by any other agency.

OTHER WATER CODE CONSIDERATIONS

  1. Pursuant to Water Code, section 106.3, it is the policy of the State of California that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. This General Order promotes this policy by including process water discharge specifications and prohibitions and requiring that discharges not cause or contribute to exceedances of water quality objectives that have been developed to protect municipal and domestic water supplies.
  2. Pursuant to Water Code, section 13225(c), regional water boards may require local agencies to investigate and report on any technical factors involved in water quality control or to obtain and submit analyses of water. This General Order allows local

"(b)(1) In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports.

IT IS HEREBY ORDERED

IT IS HEREBY ORDERED that pursuant to Water Code sections 13263 and 13267, the Discharger, its agents, successors, and assigns, in order to meet the provisions contained in Division 7 of the Water Code and regulations adopted hereunder, shall comply with the following:

Dischargers in all tiers shall comply with all prohibitions, specifications, provisions, and other requirements described below unless otherwise noted.

A. DISCHARGE PROHIBITIONS

  1. Discharge of waste to surface waters or surface water drainage courses is prohibited.
  2. Discharge of waste classified as "hazardous," as defined in CCR, title 23, section 2521, or classified as "designated," as defined in Water Code section 13173, is prohibited.
  3. Discharge of toxic substances into any waste treatment system or land application area such that biological treatment mechanisms are disrupted is prohibited.
  4. Discharge of untreated or partially treated waste from treatment system bypass is prohibited.
  5. Discharge of waste to land not owned, operated, controlled, or contracted by the Discharger is prohibited.
  6. Discharge of waste in a manner or location other than that described in this General Order or the NOA is prohibited.
  7. Discharge of stillage and other distillery waste is prohibited.
  8. Discharge and/or application of process solids to the subsurface disposal area is prohibited.
  9. Discharge of water softener brine is prohibited.
  10. Discharge of waste to an unlined pond is prohibited except as otherwise provided in this General Order.
  11. Discharge of waste to spreading basins, permeable basins, or other similar rapid infiltration or high rate land application systems is prohibited except as otherwise provided in this General Order.
  12. Discharge of domestic wastewater to a process water treatment system, process water pond, LAA, or any surface water is prohibited.
  13. Discharge of process wastewater to a domestic wastewater treatment system (e.g., septic system) is prohibited.
  14. Discharge of commingled process water and domestic wastewater to an SDS is prohibited, except as stipulated in the Technical Provisions section for addressing an existing commingled system.
  1. Discharge of domestic wastewater to the subsurface disposal area is prohibited, except as stipulated in the Subsurface Disposal Specifications section, whereby treated wastewater from separate process water and domestic wastewater systems may be directed to the same subsurface disposal area with regional water board approval.

B. EFFLUENT LIMITATIONS (TIERS 2, 3, AND 4)

  1. The Discharger shall notify the regional water board when an effluent limitation is exceeded in a Compliance Letter as described in the MRP.
  2. The annual total process water discharge flow from the winery, including process water generated from outdoor processing areas, and measured prior to treatment (e.g., before discharged to a pond, LAA, or SDS) shall not exceed the permitted process water design flow stated in the facility NOA.
  3. Average BOD loading to the LAA shall not exceed 100 lb/ac/d over the course of any discharge cycle (i.e., irrigation cycle). BOD loading shall be determined using a moving average of the three most recent BOD process water sample results.
  4. Application of waste constituents to the LAA shall be at agronomic rates as demonstrated with an annual nitrogen balance for the plants grown at the LAA. Nitrogen application rates shall not exceed the crop agronomic rate as defined in this General Order. Crop uptake values used to calculate agronomic rates shall be determined using one of the following methods:
  5. a. Analytical results from representative plant tissue samples collected from the crops harvested or removed from the site.
  6. b. Crop uptake values specified from one of the following sources:
  7. i. California League of Food Processors, 2007, Manual of Good Practice for Land Application of Food Processing/Rinse Water. 23
  8. ii. Western Plant Health Association, 2002, Western Fertilizer Handbook, 9th edition.
  9. c. A Discharger proposed crop uptake value (e.g., from a published reference) subject to approval by the regional water board.
  10. Daily discharge flow to the subsurface disposal area shall not exceed one gallon per square foot of discharge trench per day (1 gal/sqft/d), except as stipulated in the Technical Provisions section for updating an existing SDS.

23 California League of Food Processors, 2007.

  1. The Discharger shall monitor the treated SDS effluent. The treated SDS effluent shall be measured prior to discharge to the subsurface disposal area and shall not exceed total nitrogen of 10 mg/L, BOD of 300 mg/L, and TSS of 330 mg/L as a rolling average of the three most recent samples.
  2. a. The Discharger may submit a request in the Notice of Intent to the regional water board to conduct groundwater monitoring as specified in the MRP using an onsite monitoring well network designed to assess the potential impact of discharging process water to the SDS in lieu of meeting the SDS nitrogen effluent limit. The request is subject to review and approval, following any necessary antidegradation analysis, by the regional water board after a public notice and opportunity for written comments. If approved, the Discharger shall ensure the monitoring demonstrates whether the soil treatment processes are consistently operating to ensure that first encountered groundwater does not exceed the nitrate MCL of 10 mg/L as N or a total nitrogen level of 10 mg/L. If the first encountered groundwater exceeds the nitrate MCL of 10 mg/L as N or the total nitrogen level of 10 mg/L the Discharger is responsible for meeting the SDS total Nitrogen effluent limit of 10 mg/L within 1 year of the exceedance and prepare and submit a Nitrogen Control Plan to the regional water board per the schedule and requirements in the Subsurface Disposal System for Tier 2, 3, and 4 Specifications and the Technical Provisions of this General Order.
  3. b. The Discharger shall comply with the groundwater monitoring well installation requirements and compliance schedule in the Technical Provisions Section.
  4. c. The Discharger shall comply with the Tier 4 groundwater monitoring and reporting provisions of this General Order. The Discharger may install vadose zone monitoring devices in lieu of groundwater monitoring wells if the first encountered groundwater underlying the bottom of the SDS is at least 50 feet below ground surface. The Discharger shall ensure the monitoring devices are designed to assess the potential impact of discharging process water to the SDS and maintain proper calibration of the installed monitoring device(s). The Discharger shall ensure the monitoring devices are installed beneath and immediately downgradient of the subsurface disposal area to demonstrate that soil treatment processes are consistently operating to ensure that water at the monitored depth in the vadose zone does not exceed the nitrate MCL of 10 mg/L as N or a total nitrogen level of 10 mg/L.

C. DISCHARGE SPECIFICATIONS (TIER 1)

1) General Specifications

2) Process Water Pond Specifications

3) Land Application Specifications

4) Subsurface Disposal Specifications

D. DISCHARGE SPECIFICATIONS (TIERS 2, 3, AND 4)

1) General Specifications

a. Salt Control

2) Process Water Pond Specifications

a. General Process Water Pond Specifications

with historical rainfall patterns. The Discharger shall ensure ponds have available capacity necessary to comply with the pond capacity requirements in this section by September 1 of each year to minimize the potential for spills during peak flows from crush season and precipitation.

b. New or Expanding Pond Specifications

c. Existing Pond Specifications

f. Pond Groundwater Monitoring

courses, or non-reporting of violations. If the exemption is revoked, the Discharger shall comply with the groundwater monitoring well installation requirements and compliance schedule in the Technical Provisions section.

3) Land Application Specifications

b) Area-wide groundwater monitoring

Specifications of this Section and the groundwater monitoring constituents and frequency within the MRP.

4) Subsurface Disposal Specifications

site-specific conditions indicate a threat to water quality that will not be adequately addressed by the SNMP program.

E. SOLIDS SPECIFICATIONS

  1. Collected process solids shall be controlled and contained in a manner that minimizes leachate formation and minimizes infiltration of waste constituents into soils in a mass or concentration that will violate the Groundwater Limitations of this General Order. At a minimum:
  2. a. Stored solids shall be protected from precipitation as needed (e.g., containerized, covered with tarps, stored under roofed areas) or stored in areas protected from stormwater runon or runoff (e.g., bermed or graded to direct stormwater away from stockpiles) to minimize leachate formation.
  3. b. Solids shall be stored and managed such that free draining liquid is contained (e.g., placed on a compacted, bermed outdoor pad, controlled with a leachate collection and return system), directed to a containment structure (e.g., process water pond), or otherwise similarly controlled and contained to prevent leachate runoff and minimize infiltration. Onsite composting and reuse of process solids are encouraged.
  4. c. Solids shall be managed to prevent nuisance conditions (e.g., stored in covered containers, dried and moved offsite as soon as practicable, or promptly land applied).
  5. Free draining liquid from process solids shall be managed as process water in accordance with this General Order.
  6. Process solids shall be removed from sumps, tanks, ponds, and other similar systems as needed to maintain sufficient operational capacity and optimal system operations.
  7. Collected process solids removed from the liquid waste, generated from crushing or processing activities, or removed from ponds, storage tanks, and SDS settling tanks that will not and/or cannot be used agronomically onsite shall be properly reused or disposed of offsite in a manner consistent with Title 27, division 2.

F. GROUNDWATER LIMITATIONS

  1. Dischargers are required to comply with all applicable Basin Plan requirements, including any prohibitions and water quality objectives governing the discharge. In the event of a conflict between the requirements of this General Order and the Basin Plan, the more stringent requirement prevails unless otherwise specified in this General Order.
  2. Release of waste constituents from any treatment, storage, or disposal component associated with the winery, ponds, LAA, or SDS shall not adversely affect groundwater beneficial uses or cause or contribute to an exceedance of applicable Basin Plan water quality objectives.

G. PROVISIONS

1) Technical Provisions

regional SNMP contains appropriate nitrogen control measures for the facility, and submit a written plan of the facility changes necessary to implement the sustainability program and/or regional SNMP measures. The proposed changes shall be completed within 1 year of providing the notification of intent to the regional water board. The finished work shall be described in the next regularly scheduled Annual Report, including a certification that the required measures have been, and will continue to be, implemented.

2) Monitoring Provisions

3) Reporting Provisions

to notify California Office of Emergency Services <https://www.caloes.ca.gov/> (Water Code section 13271).

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

4) Standard Provisions

CERTIFICATION

I, Jeanine Townsend, Clerk to the Board, do hereby certify that this General Order with all its attachments is a full, true, and correct copy of a General Order adopted by the State Water Board on January 20, 2021.

AYE:

Chair E. Joaquin Esquivel Vice Chair Dorene D'Adamo Board Member Tam M. Doduc Board Member Sean Maguire Board Member Laurel Firestone

NAY:

None

ABSENT:

None

ABSTAIN:

None

Jeanine Townsend Clerk to the Board

A

ATTACHMENT A GLOSSARY

24-hour composite Samples shall be a flow-proportioned or time-proportioned composite consisting of at least eight aliquots collected within 24 hours. Collected using automated or manual composite methods and standard collection practices.
Agronomic rate The rate of application of nutrients in amounts necessary to satisfy the plant nutrient demand (crop uptake) while minimizing the movement of nutrients below the plant root zone, considering the crop, soil, climate, irrigation method and efficiency, leaching fraction, and factors that impact plant available nitrogen (e.g., nitrogen loss from denitrification, volatilization, and soil storage). Application at an agronomic rate must account for nutrient loading from all sources, e.g., process water, supplemental water, process solids, fertilizers, compost, and soil amendments.
Annually Samples shall be collected at least once per calendar year. Unless otherwise specified or approved, samples shall be collected in October.
Bi-weekly Samples shall be collected at least once every two weeks.
Bypass Intentional diversion of waste from any portion of a treatment system.
Continuous Specified parameter shall be measured by a meter continuously.
Daily Samples shall be collected at least once every day.
Day Calendar day.
Existing Facility or system was in operation on or before the adoption date of this General Order.
FDS threshold The FDS threshold (measured in mg/L) is equal to the annual average FDS concentration (measured in mg/L) of the facility source water plus 320 mg/L. An exceedance of the FDS threshold is not a violation of this General Order, however this General Order requires the Discharger to submit a Salt Control Plan or implement salt control BPTCs in response to non-compliance with the FDS threshold.
Flow-weighted average Average constituent concentration determined on a flow-proportioned basis. Calculated as the sum of the constituent concentration (in mg/L) multiplied by the flowrate (in gallons per day [gpd]) collected across multiple periods of time (e.g., every month), then divided by the total volume discharged across the entire period (e.g., annual total). Average constituent concentration determined on a flow-proportioned basis. Calculated as the sum of the constituent concentration (in mg/L) multiplied by the flowrate (in gallons per day [gpd]) collected across multiple periods of time (e.g., every month), then divided by the total volume discharged across the entire period (e.g., annual total). Average constituent concentration determined on a flow-proportioned basis. Calculated as the sum of the constituent concentration (in mg/L) multiplied by the flowrate (in gallons per day [gpd]) collected across multiple periods of time (e.g., every month), then divided by the total volume discharged across the entire period (e.g., annual total). Average constituent concentration determined on a flow-proportioned basis. Calculated as the sum of the constituent concentration (in mg/L) multiplied by the flowrate (in gallons per day [gpd]) collected across multiple periods of time (e.g., every month), then divided by the total volume discharged across the entire period (e.g., annual total). Average constituent concentration determined on a flow-proportioned basis. Calculated as the sum of the constituent concentration (in mg/L) multiplied by the flowrate (in gallons per day [gpd]) collected across multiple periods of time (e.g., every month), then divided by the total volume discharged across the entire period (e.g., annual total).
General minerals Analysis for General Minerals shall include the constituents listed, at a minimum. General Minerals analyses shall be accompanied by documentation of cation/anion balance. Analysis for General Minerals shall include the constituents listed, at a minimum. General Minerals analyses shall be accompanied by documentation of cation/anion balance. Analysis for General Minerals shall include the constituents listed, at a minimum. General Minerals analyses shall be accompanied by documentation of cation/anion balance. Analysis for General Minerals shall include the constituents listed, at a minimum. General Minerals analyses shall be accompanied by documentation of cation/anion balance. Analysis for General Minerals shall include the constituents listed, at a minimum. General Minerals analyses shall be accompanied by documentation of cation/anion balance.
Alkalinity Bicarbonate Carbonate Calcium Magnesium Hardness Nitrate Phosphorous Potassium Sodium Chloride Sulfate FDS TDS
Irrigation cycle Sum of days of application plus subsequent dry days between Sum of days of application plus subsequent dry days between Sum of days of application plus subsequent dry days between Sum of days of application plus subsequent dry days between Sum of days of application plus subsequent dry days between
Loading rate successive applications. Also referred to as discharge cycle. The loading rate (in pounds per acre [lb/ac]) is calculated as the constituent concentration (in mg/L) multiplied by the irrigated volume in one day (in million gallons [MG]) and multiplied by the conversion factor 8.34, then divided by the irrigated area (in acres). successive applications. Also referred to as discharge cycle. The loading rate (in pounds per acre [lb/ac]) is calculated as the constituent concentration (in mg/L) multiplied by the irrigated volume in one day (in million gallons [MG]) and multiplied by the conversion factor 8.34, then divided by the irrigated area (in acres). successive applications. Also referred to as discharge cycle. The loading rate (in pounds per acre [lb/ac]) is calculated as the constituent concentration (in mg/L) multiplied by the irrigated volume in one day (in million gallons [MG]) and multiplied by the conversion factor 8.34, then divided by the irrigated area (in acres). successive applications. Also referred to as discharge cycle. The loading rate (in pounds per acre [lb/ac]) is calculated as the constituent concentration (in mg/L) multiplied by the irrigated volume in one day (in million gallons [MG]) and multiplied by the conversion factor 8.34, then divided by the irrigated area (in acres). successive applications. Also referred to as discharge cycle. The loading rate (in pounds per acre [lb/ac]) is calculated as the constituent concentration (in mg/L) multiplied by the irrigated volume in one day (in million gallons [MG]) and multiplied by the conversion factor 8.34, then divided by the irrigated area (in acres).
Loading rate, cycle average Average loading rate across one irrigation cycle. Calculated as the sum of the daily loading rates (in lb/ac) in an irrigation cycle divided by total duration of the irrigation cycle (in days). Average loading rate across one irrigation cycle. Calculated as the sum of the daily loading rates (in lb/ac) in an irrigation cycle divided by total duration of the irrigation cycle (in days). Average loading rate across one irrigation cycle. Calculated as the sum of the daily loading rates (in lb/ac) in an irrigation cycle divided by total duration of the irrigation cycle (in days). Average loading rate across one irrigation cycle. Calculated as the sum of the daily loading rates (in lb/ac) in an irrigation cycle divided by total duration of the irrigation cycle (in days). Average loading rate across one irrigation cycle. Calculated as the sum of the daily loading rates (in lb/ac) in an irrigation cycle divided by total duration of the irrigation cycle (in days).
Loading rate, instantaneous Loading rate on the day of application. Loading rate on the day of application. Loading rate on the day of application. Loading rate on the day of application. Loading rate on the day of application.
Monthly Samples shall be collected at least once per month. Samples shall be collected at least once per month. Samples shall be collected at least once per month. Samples shall be collected at least once per month. Samples shall be collected at least once per month.
New or expanding Facility or system was constructed and/or began operations after the adoption date of this General Order. Facility or system was constructed and/or began operations after the adoption date of this General Order. Facility or system was constructed and/or began operations after the adoption date of this General Order. Facility or system was constructed and/or began operations after the adoption date of this General Order. Facility or system was constructed and/or began operations after the adoption date of this General Order.
Pond system total volume Sum of the design capacities of all onsite process water ponds. Sum of the design capacities of all onsite process water ponds. Sum of the design capacities of all onsite process water ponds. Sum of the design capacities of all onsite process water ponds. Sum of the design capacities of all onsite process water ponds.
Process water Wastewater generated from the wine making process. Winery process water includes, but is not limited to, grape juice, washwater, solids leachate, cooling water, cleaning chemicals, water softener regeneration brine, and stormwater directed through the process water collection, treatment, or disposal system and/or land applied. Wastewater generated from the wine making process. Winery process water includes, but is not limited to, grape juice, washwater, solids leachate, cooling water, cleaning chemicals, water softener regeneration brine, and stormwater directed through the process water collection, treatment, or disposal system and/or land applied. Wastewater generated from the wine making process. Winery process water includes, but is not limited to, grape juice, washwater, solids leachate, cooling water, cleaning chemicals, water softener regeneration brine, and stormwater directed through the process water collection, treatment, or disposal system and/or land applied. Wastewater generated from the wine making process. Winery process water includes, but is not limited to, grape juice, washwater, solids leachate, cooling water, cleaning chemicals, water softener regeneration brine, and stormwater directed through the process water collection, treatment, or disposal system and/or land applied. Wastewater generated from the wine making process. Winery process water includes, but is not limited to, grape juice, washwater, solids leachate, cooling water, cleaning chemicals, water softener regeneration brine, and stormwater directed through the process water collection, treatment, or disposal system and/or land applied.
Quarterly Samples shall be collected at least once per calendar quarter. Unless otherwise specified or approved, samples shall be Samples shall be collected at least once per calendar quarter. Unless otherwise specified or approved, samples shall be Samples shall be collected at least once per calendar quarter. Unless otherwise specified or approved, samples shall be Samples shall be collected at least once per calendar quarter. Unless otherwise specified or approved, samples shall be Samples shall be collected at least once per calendar quarter. Unless otherwise specified or approved, samples shall be
Regional SNMP A specific area specified in the SNMP that is larger than the area of one specific Discharger. A specific area specified in the SNMP that is larger than the area of one specific Discharger. A specific area specified in the SNMP that is larger than the area of one specific Discharger. A specific area specified in the SNMP that is larger than the area of one specific Discharger. A specific area specified in the SNMP that is larger than the area of one specific Discharger.
Regional water board Regional water quality control board. Also refers to Regional Water Board Members or staff. All references to a regional water board include the Executive Officer, who may act for the regional water board in carrying out this General Order (Water Code, sections 13050(b) and 13223).
Semi-annually Samples shall be collected at least twice per calendar year. Unless otherwise specified or approved, samples shall be collected in April and October.
Setback Minimum horizontal distance between two features.
State Water Board State Water Resources Control Board. Also refers to State Water Board Members, Executive Director, Division of Water Quality Deputy Director, or staff.
Upset An exceptional incident in which there is unintentional and temporary noncompliance with effluent limitations due to factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper action.
Weekly Samples shall be collected at least once per week.
Year Refers to calendar year unless otherwise noted.

B

ATTACHMENT B NOTICE OF INTENT

The State Water Board and regional water board may provide procedures for electronic submittal or modifications to the Notice of Intent (NOI) and its associated supporting information or documents.

Discharger Information

Facility owner name: _______________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Owner type: (mark one)

Federal Tax Identification Number: ____________________________________________

Secretary of State Business License Number: ___________________________________

Operator Information (if different from facility owner information)

Operator name: ___________________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Operator type: (mark one)

ATTACHMENT B - NOTICE OF INTENT GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

Disposal Area Information (if landowner different from facility owner)

Landowner name: _________________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Owner type: (mark one)

Facility Information

Winery name: ____________________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Facility type:

Assessor's parcel numbers

Facility: _______________________________________________________________

Discharge point 1:_______________________________________________________

Discharge point 2:_______________________________________________________

Latitude (lat) and Longitude (long): (in degrees, minutes, seconds)

Facility:

lat: _______________________

long: ______________________

Discharge point 1: lat: _______________________

long: ______________________

Discharge point 2: lat: _______________________

long: ______________________

ATTACHMENT B - NOTICE OF INTENT GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

Type of Discharge:

Type of discharge described in this application: Waste Discharge to land

Mark all that apply:

Reasons for Filing

Mark all that apply:

California Environmental Quality Act (CEQA)

Name of lead agency: ______________________________________________________

Has a public agency determined that the proposed project is exempt from CEQA?

If yes, state the basis for the exemption and name of the agency supplying the exemption:

____________________________________________________________________

Has a 'Notice of Determination' been filed under CEQA?

If yes, enclose a copy of the CEQA document, environmental impact report (EIR), or Negative Declaration. If no, identify the expected type of CEQA document and expected completion date.

Expected CEQA documents:

Expected CEQA completion date: __________________________________________

ATTACHMENT B - NOTICE OF INTENT GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

Other Permits

Is the facility discharge covered by another permit, waiver, or other permitting mechanism? (e.g., NPDES Industrial Stormwater General Permit or Irrigated Lands Regulatory Permit)

For each permit, waiver, or permitting mechanism, list the type, issuing agency, date of issuance, and waste discharge or other permit identification number:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Tier Specification

Current facility process water discharge flow (gallons per year):______________________

Facility process water design flow (gallons per year): ______________________________

Volume of wine produced: gallons per year: _______________

cases per year: _____

Site Conditions

Process water is discharged to: (check all that apply)

Process solids are disposed of via: (check all that apply)

Technical Report

Provide a complete technical report with all the information required in Attachment C of this General Order. For Tier 1 : Only complete technical report Sections 7, 8, and 9.

The technical report includes a complete characterization of the discharge and a site map showing the location of the facility. A complete characterization includes, but is not limited to, design and actual flows, a list of constituents and the discharge concentration of each

constituent, a list of other appropriate waste discharge characteristics, a description and schematic drawing of all treatment processes, a description of any best practicable treatment or control (BPTC) measures used, and a description of disposal methods.

Filing Fee

Pursuant to Water Code section 13260 et seq., Dischargers enrolled under this General Order are required to pay an annual fee, as determined by the State Water Resources Control Board. The filing fee accompanying this NOI is the first year's annual fee. The annual fee is based on the threat to water quality and complexity of the discharge in accordance with California Code of Regulations, title 23, section 2200. Dischargers enrolled under this General Order will be assigned a threat to water quality and complexity rating as described in this General Order and will be assessed the corresponding fee, plus any applicable surcharges. The NOI is to be accompanied by a check, made out to the State Water Resources Control Board for payment of the filing fee.

Certification

'I certify under penalty of law that this document, including all attachments and supplemental information, were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.'

Print Name: ______________________________

Title: __________________________

Signature: ________________________________

Date:__________________________

INTERNAL OFFICE USE ONLY

Date NOI received: _______________ Letter to Discharger: _______________________

Fee amount received: ____________ Check number: ___________________________

C

ATTACHMENT C TECHNICAL REPORT FOR REPORT OF WASTE DISCHARGE

Pursuant to Water Code, section 13267, Dischargers may be required to furnish, under penalty of perjury, technical or monitoring program reports as a condition of the General Order. The information presented in the technical report is required by Water Code, section 13267 and is relied upon by the regional water board to prepare the Notice of Applicability (NOA) for coverage under the General Order. The Discharger shall ensure that the information presented in the technical report is accurate. Misstatements, errors, or omissions that exist in the technical report may be included in the NOA and become enforceable.

The technical report outline presented below is intended to provide general guidance for Dischargers and consultants and should be tailored to a facility's site-specific conditions as appropriate. Submitting a technical report consistent with this format will assist the Discharger in providing the necessary information to the regional water board, expedite review of the technical report, and streamline the permitting process. It is recommended that the Discharger contact their regional water board to discuss the project before preparing the technical report. The State Water Board and regional water board may provide procedures for electronic submittal or modifications to the technical report, its associated supporting information or documents, and the issuance of the NOA.

For Tier 1 : Only complete technical report Sections 7, 8, and 9.

1. FACILITY BACKGROUND

1.1. Facility Description

1.2. Facility Maps

1.3. California Environmental Quality Act (CEQA)

2. FACILITY TIER AND WINERY EFFLUENT FLOW

Dischargers authorized under this General Order are classified into regulatory tiers based on the permitted annual facility process water design flow, which is the total volume of process water that may be discharged from the winery, including process water generated from outdoor processing areas, and measured prior to treatment, e.g., before discharged to a pond, land application area (LAA), or subsurface disposal system (General Order Table 1). The annual total process water discharge flow (i.e., winery effluent flow) shall not exceed the permitted design flow stated in the facility Notice of Applicability (NOA).

3. PROCESS WATER GENERATION, TREATMENT, REUSE, AND DISPOSAL

3.2. Process Water Management

3.4. Process Water Ponds

3.5. Land Application Area

3.6. Subsurface Disposal Systems

4. WATER QUALITY

4.1. Source Water

4.2. Process Water

5. SOLIDS MANAGEMENT

6. GROUNDWATER CHARACTERIZATION

7. FACILITY IMPROVEMENTS AND PROPOSED SCHEDULE

8. SUMMARY INFORMATION

_______________________________________________

_______________________________________________

Crush: Days of operations: ____________ Which months: _______________

Off-season: Days of operations: ________ Which months: _______________

ATTACHMENT C - TECHNICAL REPORT GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

Current year (gal/yr): ________________

Design flow (gal/yr): ___________

Current year (ton/yr): ________________

Disposal method: _____________

1: Size (gal): __________ Treatment type: ___________ Liner type: _________

2: Size (gal): _________ Treatment type: ___________ Liner type: _________

3: Size (gal): _________ Treatment type: ___________ Liner type: _________

Total acres: ___________ For process water: ________ For solids: _________

Crop grown: _______________________

Growing months: _____________

Crop grown: _______________________

Growing months: _____________

If process water directed to LAA and SDS, proportion to LAA (%): __________

Treatment type: ____________________ Disposal area (acres): _________

Crop grown: _______________________

Growing months: _____________

Crop grown: _______________________

Growing months: _____________

If process water directed to LAA and SDS, proportion to SDS (%): _________

No. of wells: _______________________

Avg depth to GW (ft): __________

Indicate if wells are site-wide or monitor for a specific feature: _____________

List features: _______________________

___________________________

9. CERTIFICATION

'I certify under penalty of perjury that this document and all attachments were prepared under my direct supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the program or those directly responsible for gathering the information, the information submitted is, true, accurate, and complete to the best of my knowledge and belief. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. In addition, I certify that the provisions of this General Order, including the criteria for eligibility and the development and implementation of the local agency oversight program, if required, will be complied with.'

Print Name: ______________________________

Title: __________________________

Signature: ________________________________

Date:__________________________

STATE WATER RESOURCES CONTROL BOARD GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

D

ATTACHMENT D NOTICE OF TERMINATION

The State Water Board and regional water board may provide procedures for electronic submittal or modifications to the Notice of Termination (NOT) and its associated supporting information or documents.

Discharger Information

Facility owner name: _______________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Owner type: (mark one)

Federal Tax Identification Number: ____________________________________________

Operator Information (if different from facility owner information)

Operator name: ___________________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Operator type: (mark one)

ATTACHMENT D - NOTICE OF TERMINATION GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

Disposal Area Information (if landowner different from facility owner)

Landowner name: _________________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Owner type: (mark one)

Facility Information

Winery name: ____________________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Telephone: ____________________

Email: __________________________________

Assessor's parcel numbers

Facility: _______________________________________________________________

Discharge point 1:_______________________________________________________

Discharge point 2:_______________________________________________________

Latitude (lat) and Longitude (long): (in degrees, minutes, seconds)

Facility:

lat: _______________________

long: ______________________

Discharge point 1: lat: _______________________

long: ______________________

Discharge point 2: lat: _______________________

long: ______________________

ATTACHMENT D - NOTICE OF TERMINATION GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

Reasons for Filing

Mark all that apply:

Please list the type, issuing agency, and date of issuance:

_____________________________________________________________________

Please explain: _________________________________________________________

Tier Specification

Discharger Responsibilities

The Discharger is responsible for compliance with the General Order and payment of annual fees until a completed NOT is approved by the regional water board.

Certification

'I certify under penalty of law that this document, including all attachments and supplemental information, were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.'

Print Name: ______________________________

Title: __________________________

Signature: ________________________________

Date:__________________________

INTERNAL OFFICE USE ONLY

Date Notice of Termination received: ___________ Letter to Discharger:______________

E

ATTACHMENT E LOCAL AGENCY OVERSIGHT PROGRAM

The State Water Board and regional water board may provide procedures for electronic submittal or modifications to the Local Agency Oversight Program application and its associated supporting information or documents.

A. INTRODUCTION

Some local agencies 1 have historically provided oversight of winery waste discharges that are often issued waste discharge requirements (WDRs) from regional water quality control boards (regional water boards). This statewide winery general order (General Order) provides an administrative procedure to formalize local agency oversight of implementing this General Order. However, a regional water board may restrict the scope of the local agency oversight program. To obtain local oversight authority, a local agency shall do the following:

  1. Submit the local oversight application to the regional water board;
  2. Obtain written approval from the regional water board or State Water Board; and,
  3. Implement the approved local oversight program and comply with the required local agency reporting.

To apply for local oversight authority, a local agency shall fill out the attached application form and provide all additional information required and/or requested by the regional water board or State Water Board. The requirements in this attachment are issued pursuant to Water Code section 13225(c).

B. LOCAL AGENCY QUALIFICATIONS

The regional water board will evaluate the local agency's eligibility for authorization to act in the local oversight capacity. A local agency demonstrated to have the following is eligible to oversee the implementation of this General Order for their local agency's jurisdiction:

  1. Governmental authority - the agency shall have the ability to develop and implement a local ordinance or similar permitting authority adequate to provide authorization, monitor performance, and compel compliance for General Order violations.

1 A local agency may be any governmental organization that can provide oversight of implementing this General Order requirements and has the authority to develop and implement an ordinance providing administrative authority consistent with the requirements of this General Order.

  1. Adequate personnel to effectively implement the local ordinance - the agency organizational structure shall provide adequate oversight including permitting, fee collection, design and technical report reviews, inspection, and enforcement activities.
  2. Technical expertise in the areas of winery processes, water quality, winery process water treatment, winery process water disposal, groundwater quality assessment, and General Order requirements, including specific winery tier conditions.
  3. Funding mechanisms to ensure on-going support for the technical, administrative, and overhead costs of the local oversight program.
  4. Local agencies may limit their program applicability to prescribed winery size, subareas within their jurisdiction, winery process water treatment methods, or other technical criteria. For cause, a local agency may determine that a winery is not eligible for initial or continued local agency oversight and shall seek primary oversight from the regional water board.

C. LOCAL AGENCY OVERSIGHT CONDITIONS

General Provisions

  1. All wineries shall be enrolled under this General Order.
  2. Dischargers shall submit all technical and monitoring reports, monitoring data, notifications of General Order violations (e.g., spills, containment failures, surface water discharges), and other such correspondence related to General Order requirements concurrently to the local agency and regional water board. At the direction of the Local Agency, Dischargers shall change this concurrent submittal process if a centralized State Water Board electronic submittal process becomes available.
  3. The State Water Board and regional water boards retain enforcement authority related to this General Order regardless of Discharger participation in a local agency oversight program.
  4. The regional water board may limit this General Order tiers covered by a Local Agency Oversight Program.
  5. The local agency acts as an administrator in implementing the requirements of this General Order. The regional water board and the local agency may establish a memorandum of understanding defining specific roles and responsibilities necessary to ensure the efficient implementation of the local program.
  6. The local agency shall design the oversight program to, at a minimum, comply with the evaluation and performance requirements of this General Order.
  7. The monitoring requirements and practices described in this General Order Monitoring and Reporting Program (MRP) are, generally, minimum levels of monitoring. The local agency may make requirements more stringent, including requiring additional monitoring if necessary. Additional monitoring, beyond that specified in this General Order, is

acceptable and may be necessary to ensure proper performance of the process water systems, such as in response to treatment changes or investigations of uncertainties. Results of additional monitoring conducted for monitoring stations and parameters given in the MRP shall be reported in accordance with Monitoring, Inspection, and Compliance Reporting section of Attachment E. Other additional monitoring conducted shall be explained in the monitoring reports, and the data shall be made available to the regional water board upon request.

Monitoring, Inspection, and Compliance Reporting

  1. The local agency shall have a General Order compliance program including inspection and enforcement procedures. All records shall be available and provided to the regional water board upon request.
  2. The local agency shall have a construction inspection program including procedures for field inspection, documentation of construction activities, and permitting. All records shall be available and provided to the regional water board upon request.
  3. The local agency shall retain, for a period of at least 3 years , either a paper or electronic copy of all Local Agency Oversight Program documentation.
  4. Spill or Illicit Discharge Reporting - The local agency is required to notify (e.g., via telephone or email) the regional water board within 24 hours of any spill or illicit discharge incidents from a facility in the Local Agency Oversight Program and provide a written follow-up of the incident within 20 days of the occurrence.
  5. Annual Reporting - The local agency is required to provide an Annual Report to the appropriate regional water board pursuant to Water Code section 13225(c) by June 1 of the following calendar year. The local agency may submit a request with adequate technical justification to the regional water board to reduce the annual report submittal frequency if consistently demonstrating comprehensive oversight to the regional water board. The proposal shall be approved in writing by the regional water board and not exceed 3 years . The Annual Report shall include:
  6. a. A list of wineries enrolled under the Local Agency Oversight Program, including the following for each winery on the list: the winery name; facility address; General Order tier; discharge type (e.g., LAA, SDS, pond) and volumes per system, total annual process water discharge (effluent) volume for the facility, associated compliance schedules, and full compliance/end date.
  7. b. A summary of General Order violations; violations found during inspections of wineries; and, corrective actions taken per enrolled winery.
  8. c. A list of wineries inspected through the Local Agency Oversight Program.

D. APPLICATION

Local Agency Information

Local agency name: _______________________________________________________

Street address: ___________________________________________________________

City: ____________________________________________________________________

County: _______________________

State:_______________

Zip: _______________

Contact person name: ______________________________________________________

Contact person title: _______________________________________________________

Telephone: ____________________

Email: __________________________________

Alternate contact name: ____________________________________________________

Alternate contact title: ______________________________________________________

Telephone: ____________________

Email: __________________________________

Local Agency Oversight Program Applicability

Describe the winery tiers, process water treatment systems, and disposal alternatives the program will address. Provide additional information as necessary. Indicate the tiers are eligible for coverage under the agency program:

Application Report: Agency Description of Local Oversight Program

Include a report with the application describing each of the following items, include documentation when appropriate.

  1. Documentation of the agency's legal authority to implement the Local Agency Oversight Program. Include a copy of the existing or proposed ordinance.
  2. Program requirements.
  3. Local agency fee schedule for enrollees.
  4. Program exceptions for addressing General Order tiers.
  5. List of reference links for rules, regulations, ordinances, design standards, and/or technical guidance materials used to implement the local oversight program.

ATTACHMENT E - LOCAL AGENCY OVERSIGHT GENERAL WASTE DISCHARGE REQUIREMENTS FOR WINERY PROCESS WATER

  1. Mark all of the following that have been developed, or in the process of development, in the local agency oversight program geographic area(s). Provide the name of the program, plan, ordinance, etc. and attach additional information as appropriate.

  2. [ ] __ Sustainable Groundwater Management Act (SGMA) Groundwater Sustainability Agency (formed)

  3. [ ] __ SGMA Groundwater Sustainability Plan

  4. [ ] __ Wellhead protection plan

  5. [ ] __ Salt and nutrient management plan(s) (SNMP)

  6. [ ] __ Winery sustainability program

  7. [ ] __ Recycled water distribution

  8. [ ] __ Tank and haul operation ordinances

  9. [ ] __ Authorization to discharge into a publicly owned treatment works

  10. [ ] __ Local Agency Management Program for onsite wastewater treatment systems

Certification

'I certify under penalty of law that this document, including all attachments and supplemental information, were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.'

Print Name: ______________________________

Signature: ________________________________

Title: __________________________

Date:__________________________

A. Introduction

This attachment to the General Waste Discharge Requirements for Winery Process Water (General Order) describes procedures Dischargers shall comply with under specific situations to protect tribal cultural resources (TCRs) for permit coverage under this General Order. The mitigation measures outlined in this General Order are not intended to replace those that may be developed and implemented by: 1) the appropriate local land use authorities and other public agencies with permitting authority over a specific project or 2) a new winery operation subject to a site-specific project level California Environmental Quality Act (CEQA) analysis. TCRs are defined in California Public Resources Code (PRC) section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:

  1. Listed, or eligible for listing, in the California Register of Historical Resources;
  2. Listed in a local register of historical resources as defined in PRC section 5020.1(k); or,
  3. Determined to be a resource by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC section 5024.1.

The Discharger shall comply with the appropriate mitigation measures described below to identify and protect TCRs at new or expanding wineries. Any information regarding TCRs obtained during tribal consultation shall comply with all applicable laws related to confidentiality and public disclosure of the information.

B. Procedures for TCR Evaluation at New or Expanding Wineries

The Discharger shall perform a Native American archaeological resources records search at the appropriate regional information center of the California Historical Resources Information System (CHRIS) before engaging in any significant ground disturbing winery activities at a new or expanding winery. Examples of significant ground disturbing activities include, but are not limited to, new deep ripping, trenching, excavation, road construction, or pond construction. The results shall be documented. The requirement to perform a CHRIS records search may be satisfied by using the results of a previous CHRIS records search completed for the specific parcel or parcels where the new or expanding winery activities are proposed to occur. The Discharger shall:

  1. Contact the culturally affiliated California Native American tribes to report any Native American archaeological sites or artifacts identified in a CHRIS positive result;

F

ATTACHMENT F TRIBAL MITIGATION MEASURES

  1. Notify the regional water board Executive Officer if they receive a CHRIS positive result or Sacred Lands Inventory positive result; and,
  2. Conduct a physical cultural resources survey for the property/area if a prior physical cultural resources survey has not been conducted.

The Discharger shall conduct the following process for a physical cultural resources survey:

  1. Request a Sacred Lands Inventory for the project area from the Native American Heritage Commission;
  2. Contact the local tribes about the project to inquire about TCRs in the project area;
  3. Conduct a survey of the property;
  4. Record potential historical and archaeological resources; and,
  5. Write a report of their findings which shall be submitted to the appropriate regional information center of the CHRIS and the regional water board.

The Discharger can demonstrate CEQA compliance for the surveyed portion of the property by using previously completed survey reports or record search results if TCRs were not identified for that portion of the winery property/parcel. No further action is required by the Discharger for that portion of the property/parcel if the report or prior report finds no TCRs.

The Discharger and/or the regional water board shall develop appropriate mitigation and conservation measures in consultation with the affected California Native American tribe when the survey and research reveal a TCR or a Sacred Lands Inventory positive result. The Discharger shall:

  1. Provide the proposed final conservation measures to the California Native American tribes that are potentially culturally affiliated (affected tribes) for a 30 day comment period;
  2. Demonstrate the goal of conserving TCRs with appropriate dignity by careful consideration of any comments or mitigation measure recommendations submitted by the affected tribe(s) within this 30 day comment period;
  3. Implement the proposed final conservation measures if no comments are received from the affected tribe(s) or comments from the affected tribe(s) have been addressed through mitigation measures such as avoidance of the area, fencing, soil capping, onsite burial, or other equally protective measures (see Mitigation Measures to Protect TCR Sites on Wineries below); and,
  4. Provide a copy of the final mitigation and conservation measures to any affected tribe(s) identified by the Native American Heritage Commission and to the regional water board Executive Officer. Final mitigation measures are subject to approval by the regional water board Executive Officer.

New wineries will likely be subject to a project-specific CEQA analysis by a county, city, or state agency for evaluation and approval of grading, building construction, and other environmental impacts. Expanding wineries may include activities that require a project-specific CEQA analysis, depending upon the need for grading, construction, or any

other environmental impacts that may be caused by operation of the expanded winery. As such, the conclusions and development of mitigation measures by local land use authorities and other public agencies as they relate to potential environmental impacts for new or expanding wineries may be different than those determined in this General Order and its analysis of potential environmental impacts. Therefore, future lead agencies should base their findings on the site-specific information developed for the project. The Discharger shall provide the regional water board Executive Officer any findings from a project-specific CEQA analysis such as a CHRIS positive result or Sacred Lands Inventory positive result.

C. Procedures for Discovery During Significant Ground Disturbing Activities

The Discharger shall immediately cease significant ground disturbing winery activities regulated under this General Order within 50 feet (100-foot diameter circle) of any uncovered or discovered indicators of a TCR, suspected archaeological materials, or discovery of a TCR. The Discharger shall:

  1. Notify the Native American Heritage Commission within 7 days of the discovery and request a list of any California Native American tribes that are potentially culturally affiliated with the discovery (potentially affected tribes);
  2. Notify any potentially affected tribe(s) of the discovery within 48 hours of receiving the list from the Native American Heritage Commission;
  3. Develop any necessary mitigation measure proposals, which may include those listed in the Mitigation Measures to protect TCR Sites on Wineries section below);
  4. Submit the proposed final mitigation measures to the potentially affected tribe(s) for a 30 day comment period;
  5. Demonstrate the goal of conserving TCRs with appropriate dignity by careful consideration of any comments or mitigation measure recommendations submitted by the potentially affected tribe(s) within this 30 day comment period;
  6. Implement the proposed final conservation measures if no comments are received from the affected tribe(s) or comments from the affected tribes have been addressed through mitigation measures such as avoidance of the area, fencing, soil capping, onsite burial, or other equally protective measures (see the Mitigation Measures to Protect TCR Sites on Wineries section below); and,
  7. Provide a copy of the final mitigation and conservation measures to any culturally affiliated California Native American tribes identified by the Native American Heritage Commission and to the regional water board Executive Officer.

The final mitigation measures are subject to approval by the regional water board Executive Officer. The regional water board Executive Officer shall require mitigation measures (e.g., from the list below) when the affected tribe(s) and the Discharger cannot reach an agreement. Winery activities can resume within the affected zone upon affected tribe(s)/Discharger agreement or Executive Officer approval.

D. Mitigation Measures for Treatment of Human Remains

The Discharger shall immediately comply with Health and Safety Code section 7050.5 and, if applicable, Public Resources Code section 5097.98 upon discovery of any human remains. The Discharger shall take the following actions upon the discovery of human remains:

  1. Immediately cease all ground-disturbing activities in the vicinity of the discovery;
  2. Immediately notify the county coroner;
  3. Discontinue ground disturbing activities until the requirements of Health and Safety Code section 7050.5 and, if applicable, Public Resources Code section 5097.98 have been met; and,
  4. Ensure that the human remains are treated with appropriate dignity.

The coroner has 2 working days to examine human remains after being notified by the person responsible for the excavation, or by their authorized representative per Health and Safety Code section 7050.5, and 24 hours to notify the Native American Heritage Commission for Native American remains. The Native American Heritage Commission will immediately notify the persons it believes to be the most likely descended from the deceased Native American per Public Resources Code section 5097.98. The most likely descendent has 48 hours from the time they are granted access, to make recommendations to the landowner or representative for the treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods.

The landowner or their authorized representative shall reinter the human remains and items associated with the Native American human remains with appropriate dignity on the property in a location not subject to further and future disturbance consistent with subdivision (e) of Public Resources Code section 5097.98 if the:

  1. Native American Heritage Commission is unable to identify a descendant;
  2. Mediation provided for pursuant to subdivision (k) of Public Resources Code section 5097.94, if invoked, fails to provide measures acceptable to the landowner;
  3. Most likely descendent does not make recommendations within 48 hours ;
  4. Most likely descendants and the landowner have not mutually agreed to extend discussions regarding treatment and disposition pursuant to subdivision (b)(2) of Public Resources Code section 5097.98; and/or,
  5. Landowner does not accept the descendant's recommendations. The landowner or the descendants may request mediation by the Native American Heritage Commission pursuant to Public Resources Code section 5097.94, subdivision (k).

E. Mitigation Measures to Minimize and Avoid Significant Adverse Impacts to TCR Sites on Wineries

The following are examples of mitigation measures that, if feasible for a given site, may be used to minimize and avoid significant adverse impacts to TCR sites:

  1. Avoidance of the site;
  2. Confidentiality of the site location;
  3. Fence off or cap-in-place areas of very high sensitivity such as burial and cemetery sites;
  4. Use aboveground irrigation lines or route irrigation lines around TCR sites;
  5. Avoid irrigation or waste discharge over TCR sites;
  6. Provide worker training about potential TCR resources in the area;
  7. Protect the cultural character and integrity of the resource; and/or,
  8. Other effective mitigation measures that reduce impacts to TCR sites to a less than significant level.

Note: Not all mitigation measures will apply to individual wineries. Appropriate selection of the mitigation measures above as tailored to a project's individual impacts will reduce impacts to a less than significant level.

G

ATTACHMENT G MONITORING AND REPORTING PROGRAM

This model monitoring and reporting program (MRP) contains the monitoring requirements for facilities covered by the General Waste Discharge Requirements for Winery Process Water, Order WQ 2021-000 2 -DWQ (General Order). This MRP is required pursuant to Water Code section 13267. The Discharger shall not implement any changes to the MRP unless and until a revised MRP is issued or adopted by the regional water quality control board (regional water board). Dischargers enrolled under this General Order and administratively supervised by a Local Agency Oversight Program shall comply with this MRP. A local agency may require additional monitoring and reporting, but the local agency program does not replace the requirements contained herein.

The Discharger owns and/or operates the winery that is subject to the Notice of Applicability (NOA) and this General Order. The reports are necessary to ensure that the Discharger complies with the NOA and General Order. Pursuant to Water Code section 13267, the Discharger shall implement this MRP and shall submit the monitoring reports described herein. Pursuant to Water Code section 13268, failure to submit technical or monitoring program reports, including but not limited to, Compliance Letters as described herein or falsifying information is guilty of a misdemeanor and may be subject to enforcement action.

The State Water Board and regional water boards have transitioned primarily to a paperless office system and may provide procedures for electronic submittal or modifications to the MRP and its associated supporting information or documents. Additional information regarding submittal of electronic reports is provided under the Reporting section of this MRP.

The Discharger may submit a request for a reduced monitoring frequency from the regional water board once adequate data have been collected to characterize the site and if monitoring consistently shows no significant variation in magnitude of a constituent concentration or parameter (e.g., typically at least 2 years of quarterly sampling is required for adequate characterization). The proposal shall include adequate technical justification for the requested reduction in monitoring frequency and be approved in writing by the regional water board Executive Officer.

Dischargers in all tiers shall comply with all monitoring and reporting requirements described in this MRP unless otherwise noted. Acronyms used within this MRP are defined in the Acronyms and Abbreviations section of this General Order and a glossary of terms is included in Attachment A of this General Order.

QUALITY ASSURANCE AND CONTROL

All samples shall be representative of the volume and nature of the discharge or matrix of material sampled. The Discharger shall use clean sample containers and sample handling, storage, and preservation methods in accordance with approved U.S. EPA analytical methods or as recommended by the selected analytical laboratory. All analytical samples shall be labeled and records maintained to show the name of the sampler, date, time, sample location, sample type, collection method, bottle type, and any preservative used for each sample. All samples collected for laboratory analyses shall be preserved as required and submitted to the laboratory within the required holding time appropriate for the analytical method used and the constituents analyzed.

All samples submitted to a laboratory for analysis shall be identified in a properly completed and signed chain of custody form containing the sampler, date, time, sample location, sample type, collection method, bottle type, and any preservative used for each sample. The chain of custody form shall also contain custody information, including the date, time, transport method, and to whom samples were relinquished.

Consistent with Water Code section 13176, data produced and reports submitted for compliance with this General Order must be generated by a laboratory with accreditation from the State Water Board, Division of Drinking Water, Environmental Laboratory Accreditation Program (ELAP), where accreditation is specific to the analyses required, or the laboratory must hold a valid certificate of accreditation for equivalent analytical test methods validated for the intended uses and approved by the State Water Board or regional water board. The laboratory must include quality assurance/quality control data in all data reports and submit electronic data as required by the State Water Board and regional water boards. Data generated using field tests are exempt pursuant to California Water Code Section 13176. Field instruments may be used to test field parameters (such as for pH, electrical conductivity, and dissolved oxygen) provided that the operator is trained in the proper use of the instrument and each instrument is serviced and/or calibrated at the recommended frequency by the manufacturer and in accordance with manufacturer instructions. Field calibration reports shall be maintained for at least 3 years .

All sample and analysis field logs, laboratory reports, and quality assurance/quality control data shall be reported with the sample results to which it applies. The reports shall include applicable information such as the method, equipment, analytical detection, quantitation limits, recovery rates, an explanation for any recovery rate that is outside method specifications, results of method blanks, results of matrix spikes and surrogate samples, and the frequency of quality control analysis. Sample results shall be reported unadjusted for blank results or spike recovery. In cases where contaminants are detected in the quality assurance/quality control samples (e.g., laboratory blanks), the accompanying sample results shall be appropriately flagged.

SOURCE WATER MONITORING

The Discharger shall monitor each source of water supply used for winery processing activities (water supply well, surface water, municipal source, etc.) and for supplemental irrigation (e.g., agricultural well, irrigation canal, etc.). For each source of water supply used for winery processing activities, the Discharger shall also calculate the flow-weighted annual average FDS concentration using monthly flow data and the most recent chemical analysis conducted.

Frequency (2) Frequency (2) Frequency (2)
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
Flow gpd Metered or calculated (1) Continuous, daily, or average daily flow Continuous or daily Continuous or daily
TDS mg/L Grab Annually Annually Semi-annually
FDS mg/L Grab Annually Annually Semi-annually
Flow-weighted FDS mg/L Computed average Annually Annually Annually
Total Kjeldahl nitrogen (3) mg/L Grab Annually Annually Annually
Ammonia as nitrogen (3) mg/L Grab Annually Annually Annually
Nitrate + nitrite as nitrogen (3) mg/L Grab Annually Annually Annually
Total nitrogen (3) mg/L Calculated Annually Annually Annually
General minerals (4) mg/L Grab -- -- Annually

WINERY EFFLUENT MONITORING

Winery effluent measurements and samples are required when process water is generated. The Discharger shall collect winery effluent flow measurements and samples after screening and at a point in the system where process water, including any process water generated from outdoor processing areas, discharges from the winery but before treatment in a pond, land application area, or subsurface disposal system. The Discharger shall calculate the flow-weighted annual average FDS concentration using monthly flow data and the most recent chemical analysis conducted.

Frequency (2) Frequency (2) Frequency (2) Frequency (2)
Parameter Units Sample Type Tier 1 Tier 2 Tier 3 Tier 4
Flow gpd Metered or calculated (1) Continuous, daily, or average daily flow Continuous, daily, or average daily flow Continuous or daily Continuous or daily
Days of operation (generating process water) (3) day Observation Daily Daily Daily Daily
TDS mg/L Grab -- Quarterly Monthly Monthly
FDS mg/L Grab -- Quarterly Monthly Monthly
Flow- weighted FDS mg/L Computed average -- Quarterly Monthly Monthly

POND MONITORING

In addition to pond samples, the Discharger shall inspect the pond and note the pond berm and liner conditions in field logs, a summary of which shall be included in the monitoring reports. Process water ponds shall be monitored until dry as follows:

Frequency Frequency Frequency
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
Freeboard 0.1 foot (1) Observation Weekly Weekly Weekly
Berm condition (2) NA Observation Weekly Weekly Weekly
Liner condition (3) NA Observation When visible When visible When visible
DO (4) mg/L Field Crush: weekly Off-season: Crush: weekly Off-season: Weekly
pH pH units Field Crush: weekly Off-season: monthly Crush: weekly Off-season: monthly Weekly
EC µmho/cm Field Crush: weekly Off-season: monthly Crush: weekly Off-season: monthly Weekly

EFFLUENT TO LAND APPLICATION AREA MONITORING

Effluent to land application area monitoring shall be conducted when there is discharge to land. The Discharger shall collect effluent samples following screening and before it is discharged to the land application area, or, if treatment is provided (e.g., in a pond), at a point in the system following treatment and before process water is discharged to the land application area. Time of collection of the sample shall be recorded. Effluent monitoring shall include the following:

Frequency (1) Frequency (1) Frequency (1)
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
Flow Gpd Metered or calculated (2) Continuous, daily, or average daily flow Continuous or daily Continuous or daily
pH (3) pH units Field Bi-weekly Bi-weekly Weekly
EC (3) µmho/cm Field Bi-weekly Bi-weekly Weekly
BOD mg/L Grab or 24-hr composite (4) Crush: bi-weekly Off-season: one-time (5) Crush: bi-weekly Off-season: monthly (7) Crush: weekly Off-season: bi-weekly or monthly (8)
FDS mg/L Grab or 24-hr composite (4) Crush: monthly Off-season: one-time (6) Monthly Monthly
TDS mg/L Grab or 24-hr composite (4) Crush: monthly Off-season: one-time (6) Monthly Monthly
Total Kjeldahl nitrogen mg/L Grab or 24-hr composite (4) Monthly Monthly Monthly
Ammonia as nitrogen mg/L Grab or 24-hr composite (4) Monthly Monthly Monthly
Nitrate + nitrite as nitrogen mg/L Grab or 24-hr composite (4) Monthly Monthly Monthly
Total nitrogen mg/L Calculated Monthly Monthly Monthly
General minerals (9) mg/L Grab or 24-hr composite (4) -- -- Annually

Tier 4 : Collect 24-hour composite samples. Grab samples can be collected in lieu of 24-hour composite samples if collected near the outlet of a pond with at least 24-hour

LAND APPLICATION AREA MONITORING

Land application area monitoring shall be conducted when there is discharge to land. The Discharger shall perform the following routine monitoring and loading calculations for the land application area. In addition, the Discharger shall inspect the land application area and note the field conditions in field logs, a summary of which shall be included in the monitoring reports. Data shall be collected and presented in tabular format for each individual management unit and shall include the following:

Frequency (1) Frequency (1) Frequency (1)
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
Field conditions (2) NA Observation Weekly Weekly Weekly
Cropping activities (3,4) NA Observation When it occurs When it occurs When it occurs
Application field number (4) NA Observation Daily Daily Daily
Application area (4) acres Measurement Daily Daily Daily
Days in irrigation cycle (4,5) day Observation Daily Daily Daily
Process water flow (4) gpd Metered or calculated (6) Continuous, daily, or average daily flow Continuous or daily Continuous or daily
Process water loading (4) in/ac/d (7) Calculated -- Daily Daily
Supplemental water flow (4) gpd Metered or estimated Daily or average daily flow Daily Daily
Supplemental water loading (4) in/ac/d (7) Calculated -- Daily Daily
Precipitation 0.01 inch Rain gauge (8) Daily Daily Daily
Total hydraulic loading (4,9) in/ac/mo (7) Calculated -- Daily Daily
BOD loading (10)
Day of application lb/ac Calculated or estimated Daily Daily Daily
Cycle average lb/ac/d Calculated Daily Daily Daily
Nitrogen loading (11)
Nitrogen loading by source (12) lb/ac/mo Calculated Monthly Monthly Monthly
Cumulative nitrogen loading (13) lb/ac/yr Calculated Annually Annually Annually
Salt loading (14)
From process water lb/ac/mo Calculated -- Monthly Monthly
Cumulative salt loading lb/ac/yr Calculated -- Annually Annually

SUBSURFACE DISPOSAL SYSTEM MONITORING

The Discharger shall conduct settling tank monitoring for the following:

Frequency Frequency Frequency
Parameter Units Sample Type (1) Tier 2 Tier 3 Tier 4
Thickness of accumulated sludge and floating scum layer in each tank compartment Inches Staff gauge Annually Annually Annually
Vertical distance between bottom of floating scum layer and top of tank outlet Inches Staff gauge Annually Annually Annually
Vertical distance between top of accumulated sludge layer and bottom of tank outlet Inches Staff gauge Annually Annually Annually

EFFLUENT TO SUBSURFACE DISPOSAL AREA MONITORING

Effluent to subsurface disposal area monitoring shall be conducted when there is discharge to land. The Discharger shall collect effluent samples at a point in the system following subsurface disposal system treatment and before process water is discharged to the subsurface disposal area. Time of collection of the sample shall be recorded. Effluent monitoring shall include the following:

Frequency (1) Frequency (1) Frequency (1)
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
Flow gpd Metered or calculated (2) Continuous, daily, or average daily flow Continuous or daily Continuous or daily
pH pH units Field Bi-weekly Bi-weekly Weekly
EC µmho/cm Field Bi-weekly Bi-weekly Weekly
BOD mg/L Grab or 24-hr composite (3) Crush: bi-weekly Off-season: one-time (4) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
TSS mg/L Grab or 24-hr composite (3) Crush: bi-weekly Off-season: one-time (4) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
FDS mg/L Grab or 24-hr composite (3) Crush: monthly Off-season: one-time (5) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
TDS mg/L Grab or 24-hr composite (3) Crush: monthly Off-season: one-time (5) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
Total Kjeldahl nitrogen mg/L Grab or 24-hr composite (3) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
Ammonia as nitrogen mg/L Grab or 24-hr composite (3) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
Nitrate + nitrite as nitrogen mg/L Grab or 24-hr composite (3) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
Total nitrogen mg/L Calculated Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: monthly (6) Crush: bi-weekly Off-season: bi-weekly or monthly (7)
Frequency (1) Frequency (1) Frequency (1)
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
General minerals (8) mg/L Grab or 24-hr composite (3) -- -- Annually

SUBSURFACE DISPOSAL AREA MONITORING

Subsurface disposal area monitoring shall be conducted when there is discharge to land. The Discharger shall perform the following routine monitoring and loading calculations for the subsurface disposal area. In addition, the Discharger shall inspect the subsurface disposal area and note the field conditions in field logs, a summary of which shall be included in the monitoring reports. Data shall be collected and presented in tabular format for each individual management unit and shall include the following:

Frequency (1) Frequency (1) Frequency (1)
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
Disposal area conditions (2) NA Observation Weekly Weekly Weekly
Cropping activities (3,4) NA Observation When it occurs When it occurs When it occurs
Disposal area field number (4) NA Observation Daily Daily Daily
Disposal area acreage (4) Acres Measurement Daily Daily Daily
Days in discharge cycle (4,5) Day Observation Daily Daily Daily
Process water flow (4) gpd Metered or calculated (6) Continuous, daily, or average daily flow Continuous or daily Continuous or daily
Hydraulic loading (4) gal/sqft/d (7) Calculated Daily Daily Daily
Hydraulic loading (4) gal/sqft/mo (7) Calculated Monthly Monthly Monthly
Precipitation 0.01 inch Rain gauge (8) Daily Daily Daily

SOLIDS MONITORING

Process solids monitoring shall be conducted when process solids are generated. Monitoring shall also include solids characterization and field monitoring when process solids are land applied. Process solids monitoring shall include the following:

Frequency Frequency Frequency
Parameter Units Sample Type Tier 2 Tier 3 Tier 4
Solids source (1) NA Observation Monthly Monthly Monthly
Solids generated (1) wet tons Estimated or measured Monthly Monthly Monthly
Disposal method (1) NA Observation Monthly Monthly Monthly
Land applied solids (2) Land applied solids (2) Land applied solids (2) Land applied solids (2) Land applied solids (2) Land applied solids (2)
Amount applied by source (3) wet tons Estimated or measured Annually (4) Monthly (4) Monthly (4)
Application field number (3) NA Observation Annually (4) Monthly (4) Monthly (4)
Application area (3) acres Observation Annually (4) Monthly (4) Monthly (4)
Total Kjeldahl nitrogen mg/kg (5) Grab Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6)
Ammonia as nitrogen mg/kg (5) Grab Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6)
Nitrate + nitrite as nitrogen mg/kg (5) Grab Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6)
Total nitrogen mg/kg (5) Calculated Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6) Crush: one-time Solids cleanout: each time (6)

GROUNDWATER MONITORING

Tier 4 : Facilities required to conduct groundwater monitoring shall conduct field monitoring and groundwater characterization. After measuring water levels and prior to collecting samples, each monitoring well shall be adequately purged until pH, temperature, and EC have stabilized. Water that has been standing within the well screen, casing, and filter pack may not be chemically representative of formation water. Depending on the hydraulic conductivity of the geologic setting, the volume of water removed during purging is typically a minimum of 3 volumes of water within the well casing and screen, or additionally the filter pack pore volume. Alternatively, low flow purging and sampling techniques may be utilized. Samples shall be collected and analyzed for the following:

Parameter Units Sample Type Frequency (Tier 4 only)
Depth to groundwater 0.1 foot (1) Measured Quarterly
Groundwater elevation 0.1 foot (2) Calculated Quarterly
Groundwater gradient feet/feet Calculated Quarterly
Groundwater flow direction Degrees Calculated Quarterly
pH pH units Field Quarterly
EC µmho/cm Field Quarterly
FDS mg/L Grab Quarterly
TDS mg/L Grab Quarterly
Total Kjeldahl nitrogen mg/L Grab Quarterly
Ammonia as nitrogen mg/L Grab Quarterly
Nitrate + nitrite as nitrogen mg/L Grab Quarterly
Total nitrogen mg/L Calculated Quarterly
Iron, dissolved mg/L Grab Annually
Manganese, dissolved mg/L Grab Annually
General minerals (3) mg/L Grab Annually

REPORTING

Dischargers in all tiers shall submit Compliance Letters and Annual Reports. Tier 4 Dischargers shall also submit Semi-annual Reports twice a year.

A Compliance Letter shall be submitted any month in which a violation occurs. Additionally, the Compliance Letter shall serve as the transmittal letter accompanying each monitoring report. Standalone Compliance Letters are due by the first day of the second month after the monitoring period. For example, a Compliance Letter for January is due on March 1.

Semi-annual Reports are due by the first day of the second month after the reporting period. For example, the first Semi-annual Report is due on August 1. The second semi-annual monitoring results may be incorporated into the Annual Report instead of submitted as a standalone report. All groundwater monitoring reports shall be prepared by or under the supervision of a qualified California Registered Civil Engineer or Geologist.

All monitoring results for the reporting year shall be reported in the Annual Report, which is due by April 1 after the reporting year. For example, the Annual Report for reporting year 2021 is due on April 1, 2022. An abbreviated Annual Report format is provided for Tier 1 Dischargers in the Annual Reports (Tier 1 Only) section of this Reporting category.

The reporting periods and reporting schedules are summarized in Table G-1.

Table G-1. Reporting Schedule (All Tiers)

Report Reporting Period Due Date Tier 1 Tier 2 Tier 3 Tier 4
Compliance Letter (1) Jan - Dec First day of second month after reporting period X X X X
Semi-annual Report First semi-annual Second semi-annual Jan - Jun Jul - Dec Aug 1 Mar 1 (2) X
Annual Report Jan - Dec Mar 1 X (3) X X X

(1) Submit for any month in which a violation or exceedance occurs. Also submit as the transmittal letter for each monitoring report.

(2) The second semi-annual monitoring results may be incorporated into the Annual Report instead of submitted as standalone Semi-annual Report.

(3) An abbreviated Annual Report format is provided for Tier 1 Dischargers.

In reporting monitoring data, the Discharger shall arrange the data in tabular form so that the date, sample location, constituents, concentrations, and observations are readily discernible.

The data shall be summarized in such a manner that illustrates clearly whether the Discharger complies with this General Order and facility NOA. The Discharger shall include copies of analytical laboratory reports. Results of any monitoring done more frequently than specified in the MRP shall be reported in the next regularly scheduled monitoring report and shall be included in calculations as appropriate.

All monitoring reports and compliance letters shall comply with the signatory requirements in the Reporting Provisions section of this General Order.

All monitoring reports that involve planning, investigation, evaluation, or design, or other work requiring interpretation and proper application of engineering or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to California Business and Professions Code sections 6735, 7835, and 7835.1.

The State Water Board and regional water boards have transitioned primarily to a paperless office system. Unless otherwise directed, the Discharger shall submit all narrative reports in portable document format (pdf) and all data in a spreadsheet (e.g., csv, txt, xls) or Microsoft Word (e.g., doc) format via regional water board email as listed in Table G-5. The NOA will include instructions and the information to be included in the transmittal email accompanying the report.

In some regions, the Discharger will be directed to submit all reports and analytical data to the State Water Board GeoTracker database. GeoTracker database information is provided on the Internet <http://www.waterboards.ca.gov/ust/electronic_submittal/index.shtml>.

Table G-2. Regional Water Board Email Addresses for Electronic Report Submittal

Regional Water Board Email Address
North Coast Regional Water Board northcoast@waterboards.ca.gov
San Francisco Bay Regional Water Board wdr.monitoring@waterboards.ca.gov
Central Coast Regional Water Board centralcoast@waterboards.ca.gov
Los Angeles Regional Water Board losangeles@waterboards.ca.gov
Central Valley Regional Water Board - Redding centralvalleyredding@waterboards.ca.gov
Central Valley Regional Water Board - Rancho Cordova centralvalleysacramento@waterboards.ca.gov
Central Valley Regional Water Board - Fresno centralvalleyfresno@waterboards.ca.gov
Lahontan Regional Water Board - South Lake Tahoe lahontan@waterboards.ca.gov
Lahontan Regional Water Board - Victorville lahontan@waterboards.ca.gov
Colorado River Regional Water Board rb7-wdrs_paperless@waterboards.ca.gov
Santa Ana Regional Water Board santaana@waterboards.ca.gov
San Diego Regional Water Board rb9paperless@waterboards.ca.gov

A. Compliance Letters (All Tiers) shall include the following:

  1. Discharger name, facility name, facility tier, MRP number, Waste Discharge Identification Number, and contact information (telephone number and email).
  2. A discussion of any violations or exceedances that occurred during the reporting period, all actions taken or planned for correcting the violations and preventing future violations, such as operation or facility modifications, and a time schedule for completing the corrective actions. If the Discharger previously submitted a report describing corrective actions or a time schedule for implementing the corrective actions, reference to the previous correspondence is satisfactory.
  3. This penalty of perjury statement shall be included and signed by the Discharger or the Discharger's duly authorized representative in compliance with the Reporting Provisions section of this General Order.

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

B. Semi-annual Reports (Tier 4 Only) shall include the following:

Provide the information as described in the following sections of the Annual Report (Tiers 2, 3, and 4):

  1. Facility Information - Items 1, 2, and 3
  2. Process Water Reporting - Items 6, 7, and 8
  3. Pond Reporting - Items 9 and 10
  4. Land Application Area Reporting - Items 12 through 16
  5. Subsurface Disposal Area Reporting - Items 19 through 23
  6. Solids Reporting - Items 24 through 29
  7. Compliance Summary - Items 35, 38, and 39

Dischargers required to conduct groundwater monitoring shall also provide the information as described in the following sections of the Annual Report (Tiers 2, 3, and 4):

  1. Groundwater Reporting - Items 30 through 34
  2. Compliance Summary - Items 37

C. Annual Reports (Tier 1 Only) shall include the following:

  1. A scaled map that shows facility structures (e.g., buildings, crush pads), processing areas, process solids storage areas, ponds, land application areas, subsurface disposal areas, water supply wells, and groundwater monitoring wells, and any other relevant site features. Include identifying information, e.g., labels, well identification number, field and individual management unit numbers and acreages, etc.
  2. Results of the monitoring specified in the Winery Effluent Monitoring section of the MRP. Provide the total annual process flow and total days of operation for the reporting period and compare the total annual flow to the facility design flow.
  3. A discussion of any violations that occurred during the reporting year, all actions taken or planned for correcting or preventing future violations, such as operation or facility modifications, and a time schedule for completing the corrective actions.
  4. A summary of any changes in processing that occurred during the reporting year or planned for the next year that might affect process water flow rates.
  5. Descriptions of any facility or best practicable treatment or control (BPTC) improvements or modifications required by the facility NOA that were begun and/or completed during the reporting year or planned for the next reporting year. Include an implementation schedule.
  1. Self-certification that the facility complied with the criteria to qualify as a Tier 1 facility (except as noted in Item 3) during the current reporting year and will comply with the criteria in the next reporting year.

D. Annual Reports (Tiers 2, 3, and 4) shall include the following:

Facility Information

  1. Names and telephone numbers of persons to contact regarding the discharge for emergency and/or routine situations.
  2. A scaled map that shows facility structures (e.g., buildings, crush pads), processing areas, process solids storage areas, ponds, land application areas, subsurface disposal areas, water supply wells, and groundwater monitoring wells, and any other relevant site features. Include identifying information, e.g., labels, well identification number, field and individual management unit numbers and acreages, etc.
  3. A summary of any changes in processing that might affect waste characterization and/or discharge flowrates.
  4. Copies of laboratory analytical reports and chain-of-custody forms if requested by the regional water board.

Source Water Reporting

  1. Results of the monitoring specified in the Source Water Monitoring section of the MRP. Results shall include supporting calculations.

Process Water Reporting

  1. Results of the monitoring specified in the Winery Effluent Monitoring section of the MRP by month for the reporting period. Results shall include supporting calculations.
  2. A comparison of the flow-weighted annual average FDS results from source water supplies and winery effluent monitoring to the FDS threshold by month for the reporting period.
  3. Total monthly and annual days of operation and discharge volumes for the reporting period expressed in gallons. For each month, also calculate the maximum daily flow and the monthly average flow.

Pond Reporting

  1. Results of the monitoring specified in the Pond Monitoring section of the MRP.
  2. A summary of pond monitoring log notations. Copies of the field logs do not need to be submitted unless requested by the regional water board.
  3. If a performance evaluation was conducted during the reporting year, a description of the pond liner integrity and leak detection tests and results, and a discussion of the pond liner performance.

Land Application Area Reporting

  1. Results of the monitoring and loading calculations specified in the Effluent to Land Application Area Monitoring and Land Application Area Monitoring sections of the MRP.
  2. Monthly and annual process water and supplemental water volumes applied to each individual management unit expressed in gallons.
  3. Calculation of the monthly and total hydraulic loading from process water and supplemental water applied to each individual management unit by month.
  4. Calculation of the cycle average BOD loading rates for each individual management unit. Include the number of days in each irrigation cycle.
  5. A summary of land application area monitoring log notations. Copies of the field logs do not need to be submitted unless requested by the regional water board.
  6. An annual nitrogen balance showing the total annual nitrogen loading (in pounds per acre per year [lb/ac/yr]) to each land application field or individual management unit, as appropriate, as calculated from the sum of the monthly loading from all sources of nitrogen applied to the land. The nitrogen balance shall include:
  7. a. Types of crops grown or landscape irrigated, planting and harvest dates, and crop harvest yield.
  8. b. Nitrogen loading by source (e.g., fertilizer, process water, process solids, compost, etc.). Indicate any estimated nitrogen losses that reduced plant available nitrogen used in the nitrogen balance calculations.
  9. c. Crop uptake rates for each crop grown or landscape irrigated. Provide results of representative plant tissue analysis or technical reference source of the crop uptake rate values.
  10. d. A comparison of the total nitrogen applied to the nitrogen taken up by the crop harvested or removed.
  11. Total annual FDS loading (in lb/ac/yr) to each land application area field or individual management unit, as appropriate, as calculated from the sum of the monthly loading.

Subsurface Disposal Area Reporting

  1. Results of the monitoring and loading calculations specified in the Subsurface Disposal System Monitoring, Effluent to Subsurface Disposal Area Monitoring, and Subsurface Disposal Area Monitoring sections of the MRP.
  2. Monthly and annual volumes of process water discharged to each individual management unit expressed in gallons.
  3. Calculation of the daily and monthly hydraulic load applied to each individual management unit.
  4. A summary of subsurface disposal area monitoring log notations. The entire contents of the log do not need to be submitted unless requested by the regional water board.
  5. Types of crops grown or landscape irrigated, planting and harvesting dates, amount of fertilizer applied, and nitrogen content of fertilizer.

Solids Reporting

  1. Results of the monitoring specified in the Solids Monitoring section of the MRP.
  2. Total amount of process solids generated during the reporting period in tons.
  3. A description of the process solids disposal or reuse method. If more than one method is used, include the percentage disposed or reused by each method. Include the name and location of the disposal site; describe the reuse or disposal of the material (e.g., land application, composting onsite, offsite reuse, offsite compost facility, landfill disposal).
  4. Descriptions of any process solids generated from pond dredging, settling tank pump out, or other such solids cleanout activities conducted during the reporting period. Include a description of the activity, the amount of material removed, date, type of service, service provider, and destination of solids removed for offsite reuse or disposal.
  5. If process solids are land applied, monthly and total amount of process solids applied to each land application area field or individual management unit and the applied acreage.
  6. Results of process solids characterization by solids source.

Groundwater Reporting (Tier 4 Only)

  1. Results of the monitoring specified in the Groundwater Monitoring section of the MRP by monitoring period. If there is insufficient water for sampling the monitoring well, the well shall be reported as dry for that quarterly monitoring period.
  2. A table and graphs showing current and historical groundwater depth, elevation, and constituent concentrations through the current monitoring period for each monitoring well.
  1. Groundwater contour maps by quarter for the reporting period that show the gradient and direction of groundwater flow at the facility, pond, LAA, and/or subsurface disposal area. The map shall also include the locations of the water supply wells, groundwater monitoring wells, processing areas, waste discharge areas, and any other relevant site features.
  2. A discussion of the groundwater elevation and constituent concentration trends over time and any impacts the discharge is having or projected to have on groundwater quality.
  3. A summary of the groundwater monitoring field log notations. Copies of the field logs do not need to be submitted unless requested by the regional water board.

Compliance Summary

  1. A discussion of any violations or exceedances that occurred during the reporting period, all actions taken or planned for correcting or preventing future violations, such as operation or facility modifications, and a time schedule for completing the corrective actions.
  2. If a pond liner performance evaluation was conducted during the reporting period, description of any liner maintenance, repairs, or modifications needed to maintain pond performance and provide an implementation schedule.
  3. Tier 4 : Description of any groundwater monitoring well maintenance, repairs, or modifications needed, planned, or completed during the reporting period and provide an implementation schedule.
  4. Descriptions of any facility or BPTC improvements or modifications required by the facility NOA that were begun and/or completed during the reporting period and planned for the next reporting period. Include an implementation schedule.
  5. Descriptions of any other notable repair or maintenance activities conducted this reporting period or planned for the next reporting period and provide the implementation schedule.

The Discharger shall implement the above monitoring program as of the NOA effective date. Ordered by:

__________________________

NAME, Executive Officer

__________________________

DATE