Winery Water Quality
California Winery Wastewater and Stormwater Compliance
Separate the legal questions for process wastewater and stormwater.
Stormwater Legal & Compliance Center / Service
A winery may face separate requirements for process wastewater and stormwater. Wash water from production activities is not the same as rainfall runoff, and one permit does not necessarily authorize both. The legal analysis should follow the actual waste streams and discharge methods at the facility.
The Law Office of Jennifer F. Novak advises California businesses and property owners on water-quality obligations and related enforcement concerns. For wineries, we help evaluate the legal questions surrounding permit coverage, operating practices, property transactions, and responsibility for compliance.
Distinguish process water from stormwater
The State Water Board's Winery Order, WQ 2021-0002-DWQ, establishes statewide Waste Discharge Requirements for qualifying winery process water discharged to land for reuse or disposal. The order is not an NPDES stormwater permit. It addresses a different regulatory pathway from the Industrial General Permit.
The State Water Board identifies wineries producing or planning to produce wine or grape juice and discharging between 10,000 and 15,000,000 gallons of process water annually to land as facilities requiring evaluation for enrollment under the Winery Order. Existing permit coverage, disposal methods, and other operations can change the analysis. A facility outside that range is not necessarily free of regulation; another authorization or requirement may apply.
Stormwater that contacts winery waste may need to be managed as process water. Mixing waste streams can therefore affect both management practices and the relevant legal requirements.
Evaluate industrial stormwater separately
Winery operations may also trigger Industrial General Permit requirements where the permit's terms apply. Evaluate the industrial activity, outdoor materials and operations, drainage, and potential discharges to waters of the United States. Storage, loading, waste handling, and equipment areas deserve attention alongside the production building.
A No Exposure Certification under the industrial permit has specific conditions. It should not be confused with an exemption under the Winery Order. A winery cannot establish that all of its water obligations are satisfied merely by identifying one exemption or one permit number.
Our Industrial General Permit page explains the broader legal framework for industrial stormwater compliance.
Small production does not end the inquiry
The Winery Order includes an exemption framework for facilities producing less than 10,000 gallons of process water annually, but volume is not the only condition. Waste management practices and discharge restrictions matter. The Water Board may require coverage where circumstances warrant, and other regulatory programs may still apply.
Likewise, sending wastewater to a sanitary sewer is not a blanket substitute for authorization. The receiving system's acceptance, discharge restrictions, and any pretreatment or local requirements must be evaluated. Do not route process water to a storm drain on the assumption that dilution or occasional use makes the discharge permissible.
Plan for seasonal operations and changes
A sale or lease can raise additional environmental questions. Our California environmental due diligence checklist is an educational starting point for those transaction considerations.
Harvest and production schedules can change wastewater volume and waste handling demands. An expansion, a new wash area, a revised disposal method, or a change in tenancy should trigger a review before it creates an unplanned compliance issue.
The Winery Order has distinct requirements for new or expanding operations. Existing unpermitted facilities should not assume that a historical enrollment deadline provides additional time today. A site-specific review should identify current obligations and the appropriate sequence for contacting the agency and completing required work.
For a purchase or lease, review permits, monitoring and operating records, disposal infrastructure, agency correspondence, and contractual responsibility for improvements. A buyer should understand the permitted practices, not merely the practices observed during a site visit.
Legal and technical work should support each other
Technical professionals can evaluate flows, treatment, storage, land application, and stormwater controls. Counsel can assess permit interpretation, allocation of responsibility, responses to agency concerns, and transaction terms. When an enforcement notice arrives, both the legal requirements and the actual discharge practices should be examined promptly.
Frequently asked questions
Is the Winery Order the same as the Industrial General Permit?
No. The Winery Order addresses qualifying process-water discharges to land. Industrial stormwater is evaluated under separate NPDES requirements where applicable.
Can a small winery assume it is exempt?
No. Volume, management practices, discharge methods, and other regulatory obligations all matter. An exemption from one program does not resolve every water-quality requirement.
Should the winery owner or tenant handle the permits?
Review the applicable permit and the actual ownership, operating authority, and contractual arrangements. The party paying a consultant is not necessarily the only party with legal responsibility.
For help evaluating a winery's obligations or responding to the Water Board, Get A Case Evaluation. This information is educational and is not legal advice.
Discuss Your Winery’s Water Obligations
Tell us about the operation, discharge methods, existing permits, and the owner or operator involved. Please identify any pending deadline.