TO: Board of Supervisors
FROM: Brian D. Bordona - Director of Planning, Building, and Environmental Services
REPORT BY: Kim Withrow - Supervising Environmental Health Specialist
SUBJECT: 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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Introduction and intent to 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
Today's 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.
Facilities affected
• 184 facilities are currently enrolled in the local program.
• Approximately 49 facilities will transfer from Region 2 to the County.
• Approximately 250 facilities did not apply for coverage by the January 2024 deadline and are now subject to enforcement by Region 2 (State).
Outreach To Date
Since the SWRCB adopted the Winery Order, EH and Region 2 staff have prepared the regulated community and stakeholders for the transition through an informational flyer mailed to local wineries, stakeholder meetings, phone calls and emails. EH and Region 2 will host a virtual meeting on October 14, 2026 to further prepare the regulated community.
Benefits of Local Oversight
The rules and requirements are the same whether EH or the State enforces the Winery Order. The benefit to the regulated community is in how the program is run:
• Experience and relationships. EH has regulated winery discharges since 1979 and already knows the systems, the operators and the sites.
• Responsiveness. EH answers questions and concerns directly and can conduct site visits immediately when needed.
• Faster permit processing. EH works alongside Planning and Building on permit applications, so reviews can be completed more quickly than by sending referrals to the State.
• More inspections and interaction. EH inspects more often and has more contact with wineries, who in most cases treat EH as a resource.
Wineries have asked EH many times to apply to become the Local Agency. Support for adding the local agency provision to the Winery Order was expressed throughout its adoption, and EH has worked with stakeholders since the State began drafting it. In August 2026, the Wine Institute, Winegrowers of Napa County, and several winery representatives stated their support for the County applying to be the Local Agency.
Permit Fees
The Board adopted permit fees based on annual wastewater discharge under Resolution 2024-79, effective July 23, 2024. These fees fund EH's local program and are set out in Sec. 110.070, Sewage Disposal - Annual Operating Permit Fees. Larger wineries discharge more wastewater and receive more oversight, so they pay higher fees.
The County fees were set so that wineries will not pay more than the total State fee to be regulated by Napa County. In addition, the State will give wineries enrolled in the County's program a 50% reduction in the State fee.
|
Winery Wastewater System Category |
Annual Discharge (Gallons Per Year) |
Annual Fee |
|
Tier 1 under WGO |
10,000 - 30,000 |
$340 |
|
Tier 2 under WGO |
30,000 - 100,000 |
$452 |
|
Tier 2 under WGO |
100,000 - 300,000 |
$542 |
|
Tier 3 under WGO |
300,000 - 600,000 |
$796 |
|
Tier 3 under WGO |
600,000 - 1,000,000 |
$1,194 |
|
Tier 4 under WGO |
1,000,000 - 3,000,000 |
$2,787 |
|
Tier 4 under WGO |
3,000,000 - 7,000,000 |
$5,176 |
|
Tier 4 under WGO |
7,000,000 - 15,000,000 |
$7,564 |
|
Winery Process Wastewater Exemption (conventional systems or systems under 10,000 gpy) |
Under 10,000 |
$107 |
Recommended Action:
Conduct a public hearing to introduce 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.
Additional Information
Today’s public hearing was noticed in the Napa Valley Register on Thursday, October 8, 2026.
Procedural Requirements
1. Open Public Hearing
2. Staff report
3. Public comments
4. Close Public Hearing
5. Motion, second, discussion and vote on intention to adopt the Ordinance
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
|
Where is it budgeted? |
N/A. The local program is funded by permit fees (Resolution 2024-79) |
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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. |
|
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. |
|
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.