Why Wineries Need to Be Aware of California’s Industrial General Permit

A winery may not seem like the type of facility that needs to worry about an industrial stormwater permit. After all, wineries are often located among vineyards, and much of what happens on the property involves grapes, fermentation, barrels, and wine. But California’s Industrial General Permit (“IGP”) does not turn simply on whether a business considers itself a “winery.” The analysis depends, among other things, on the activities conducted at the facility, the facility’s Standard Industrial Classification (“SIC”) code, and whether the facility’s stormwater discharges fall within the IGP’s coverage requirements.

For wineries, that distinction can be important. The State Water Resources Control Board (the “Water Board”) identifies SIC Code 2084, “Wines, Brandy, and Brandy Spirits,” as a potentially regulated industrial category under the IGP. A winery falling within a regulated category may therefore need to obtain coverage under the IGP if its operations and stormwater discharges meet the permit’s requirements and no applicable exclusion applies.

The Industrial General Permit Is Not Just Another Winery Permit

California’s IGP is a National Pollutant Discharge Elimination System (“NPDES”) permit that regulates certain stormwater discharges associated with industrial activity. The Water Board administers the permit, while the Regional Water Quality Control Boards (“Regional Water Boards”) have primary responsibility for implementation and enforcement. The IGP is established by Order 2014-0057-DWQ, as amended in 2015 and 2018. Although the permit expired in 2020, it remains administratively continued until a replacement permit becomes effective.

The IGP is separate from California’s Statewide General Waste Discharge Requirements for Winery Process Water (“Winery Order”). The Winery Order addresses winery process water and provides exemptions for certain qualifying wineries. Being exempt from the Winery Order, however, does not necessarily mean that a winery is exempt from stormwater permitting requirements. The two programs address different types of discharges and can apply independently.

The Starting Point: What Is Happening Outside?

For a winery potentially subject to the IGP, one of the most important questions is what is happening outside the winery buildings. The IGP is concerned with stormwater associated with industrial activity, including situations in which industrial materials or activities are exposed to stormwater.

Depending on the facility, potential areas of concern can include grape receiving and processing areas, material storage, loading and unloading areas, waste handling, chemical storage, equipment and vehicle areas, and other locations where industrial activities or materials may be exposed to stormwater.

The question is not necessarily whether a winery intentionally puts pollutants into stormwater. Rather, the facility must determine whether its operations fall within the IGP’s industrial categories and whether it has stormwater discharges associated with those activities that are subject to the permit.

The No Exposure Question Can Change the Analysis

Not every winery that falls within a potentially regulated SIC code necessarily needs to obtain full IGP coverage through a Notice of Intent (“NOI”). The IGP contains a conditional exclusion known as a No Exposure Certification (“NEC”).

A qualifying facility may be excluded from specified IGP requirements if industrial materials and activities are not exposed to stormwater. To qualify, the facility must meet the conditions of the IGP’s no-exposure provision and submit the required NEC through the Water Board’s Stormwater Multiple Application and Report Tracking System (“SMARTS”).

But “no exposure” is not simply a matter of keeping the main winemaking equipment indoors. The IGP addresses whether industrial materials and activities, including certain material handling, processing, waste treatment and disposal, vehicle and equipment maintenance or storage, and other potential pollutant sources, are exposed to stormwater.

What Happens When a Winery Needs IGP Coverage

If a winery is subject to the IGP and does not qualify for the no-exposure exclusion or another applicable exclusion, it generally must obtain coverage through SMARTS. The facility submits the required Permit Registration Documents, including a Notice of Intent, and must prepare and implement a Storm Water Pollution Prevention Plan (“SWPPP”) and site map.

Once covered, the winery is subject to ongoing compliance obligations. These include implementing best management practices, maintaining the SWPPP, conducting required inspections and monitoring, responding to certain monitoring results, and submitting required reports through SMARTS. The permit also requires an annual comprehensive facility compliance evaluation.

Stormwater Monitoring Can Create Its Own Compliance Issues

The IGP contains monitoring requirements and Numeric Action Levels (“NALs”) for specified parameters. An NAL exceedance does not necessarily mean that the facility has violated an independent effluent limitation. Instead, an NAL exceedance can trigger the IGP’s Exceedance Response Action (“ERA”) requirements, which may require additional evaluation, investigation, and corrective measures.

Stormwater sampling therefore creates a regulatory record. Sampling can demonstrate compliance, but it can also identify potential problems requiring further investigation and response. For that reason, how a winery structures its stormwater program before sampling begins can be just as important as the laboratory results themselves.

The Water Boards Can Look Beyond the Permittee’s Own Assessment

A winery’s historical assumption that it is not subject to the IGP does not necessarily end the inquiry. The Water Board explains that its list of potentially regulated SIC codes is not exhaustive. A Regional Water Board may also require coverage in certain circumstances, including where it determines that a discharge contributes to a violation of water quality standards or is a significant contributor of pollutants to waters of the United States.

Why This Matters and Where a Lawyer Comes In

The IGP is easy to overlook because stormwater may not be a winery’s primary environmental concern. But for a winery that falls within a potentially regulated industrial category, stormwater can create a separate permitting obligation.

An environmental lawyer can help determine whether the IGP applies, evaluate whether the winery may qualify for a No Exposure Certification or another exclusion, identify potential compliance issues, and work with the winery’s stormwater consultant to develop a defensible strategy.

For wineries, the key takeaway is simple: making wine does not make industrial stormwater regulation disappear. Understanding the IGP before there is a problem can give a winery substantially more control over how that issue is addressed.