TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Rebekah Reynolds, Deputy County Counsel
SUBJECT: Adopt an Ordinance updating Napa County Code Section 13.16.010 authorizing Environmental Health to be the Local Agency for implementing the Winery Order in the San Francisco Bay Regional Water Quality Control Board (Region 2).
RECOMMENDATION
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Adopt an Ordinance of the Napa County Board of Supervisors, State of California amending Section 13.16.010 (Scope of Division II Provisions) of Chapter 13.16 (General Provisions and Definitions) of Title 13 (Water, Sewers and Public Services) to Napa County Code providing the Planning, Building and Environmental Services Department’s Environmental Health Division with authority from the San Francisco Bay Regional Water Quality Control Board to act as the Local Agency for the oversight of the implementation of the Winery Order. (No Fiscal Impact; Discretionary)
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BACKGROUND
On October 13, 2026, the ordinance was introduced before the Board of Supervisors at a regularly scheduled meeting and the Board voted unanimously to support a motion of intent to adopt the ordinance. This action allows Environmental Health (EH) oversight of the State Water Resources Control Board (SWRCB) Order WQ 2021-0002-DWQ, "General Waste Discharge Requirements for Winery Process Water" (the Winery Order), for the Napa River Watershed. The Winery Order, adopted in January 2021, set statewide discharge standards, monitoring and reporting requirements for anyone discharging winery process water to lands of the State.
Napa County is split between two California regional Water Quality Control Boards. The San Francisco Bay Water Board (Region 2) governs the western and southern portions of Napa County and covers the Napa River Watershed. The Central Valley Board (Region 5) governs the northeast and eastern portions and includes the watershed environments that drain east toward the Central Valley and the Lake Berryessa region.
EH has overseen winery discharges in some capacity since 1979. In 2024, Region 2 and the Board of Supervisors entered into Agreement No. 8676 (Interim Agreement), which gave wineries in EH's program a longer transition period to comply with the Winery Order and an incentive to stay in the local program by continuing to meet monitoring standards. The Interim Agreement sunsets on January 20, 2027.
To replace the Interim Agreement, the request is for the Board to approve EH as the Local Agency for Region 2. As Local Agency, EH would be responsible for inspections and monitoring within the Napa River Watershed. New wineries discharging process water must apply for Winery Order coverage with Region 2; once permitted, they are enrolled in the local program and EH oversees their compliance with the Order's conditions and monitoring requirements.
Recommended Action:
Adopt an ordinance amending Section 13.16.010 (Scope of Division II Provisions) of Chapter 13.16 (General Provisions and Definitions) of Title 13 (Water, Sewers and Public Services) to Napa County Code.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Enhances efforts to keep the Napa River Watershed area of Napa County free from unapproved process wastewater discharges. Provides for local control of winery wastewater discharges. The local program is funded by permit fees (Resolution 2024-79). |
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Consequences if not approved: |
Removes local regulatory oversight of winery wastewater discharges which have been in place since 1979 and moves authority to Region 2. |
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Additional Information |
County Strategic Initiatives: Champion Environmental Sustainability and Resiliency; Preserve Napa County’s Agricultural Legacy |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: This action is not a “project” as defined under CEQA Guidelines Section 15378(b)(5), because it involves administrative organizational activities of government that do not result in direct or indirect physical changes in the environment. The referenced “General Waste Discharge Requirements for Winery Process Water,” was circulated (State Clearinghouse No. 2020070485) and the State Water Resources Control Board, as lead agency, considered the mitigated negative declaration and comments received during the public review process, and determined the project would not have any potentially significant environmental impacts with incorporated mitigation.