issue brief
Fine Sediment Discharge Vineyard Waiver Program
Background:After two years of stakeholder meetings and several revisions, the San Francisco Regional Water Quality Control Board (RWQCB) is working to implement a program to reduce fine sediments into the Napa River watershed with the overall goal of restoring the Napa River habitats - including fish - while conserving soil in vineyards through a regulatory Conditional Waiver mechanism.The Conditional Waiver applies to a group of existing and new vineyards with specific size, slope, and soil type that met the eligibility requirements as shown here. The Conditional Waiver does not apply to new or replanted vineyards on highly erosive soils that are located on slopes of 30 percent or greater (these vineyards would be evaluated under individual permits). Furthermore, the Conditional Waiver provides exclusions for vineyard properties that contain adequate stream setbacks. Currently vineyards already certified under the Napa Green Certified Land program can use their existing farm plan to apply for the Conditional Waiver. Vineyards not yet certified have two years to gain the waiver.
The Draft Conditional Waiver and associated CEQA document (Mitigated Negative Declaration) are now available for public review and comment until January 2, 2012.
What the Conditional Waiver Does:
For eligible landowners/operators:
- Through compliance with the Conditional Waiver, avoid having to file an individual Report of Waste Discharge (ROWD) and to comply with site specific Waste Discharge Requirements (WDRs)
What the Conditional Waiver Requires:
The Conditional Waiver would require the landowners/operators of eligible vineyard properties to:
- Seek coverage under the Conditional Waiver by submitting a Notice of Intent (NOI) to comply to the Water Board
- Develop a Farm Water Quality Plan
- Implement and maintain management practices and other improvement projects as specified in the Farm Water Quality Plan
- Conduct vineyard property site inspections and compliance monitoring
- Submit an Annual Compliance Form to the Water Board
What is a Farm Water Quality Plan?
Consistent with the Napa Green Certified Land program, the farm plan that each grower will need to complete in order to qualify for the Conditional Waiver must demonstrate the following fine sediment reduction measures which include:
- Map and inventory of land features;
- Evaluation of current vineyard operations;
- Evaluation of road conditions and identification of opportunities to disburse runoff;
- Assessment of vineyard operations that may impact stream and riparian areas;
- Evaluation of sediment sources; and
- Development of a schedule for implementation of corrective practices.
What the NVV is doing
In 2000 the NVV began discussions on how members could reduce fine sediments in our waterways with a variety of local environmental non-profits, industry groups and government officials. The NVV contracted with the California Land Stewardship Institute to tailor the Fish Friendly Farming program specifically to the Napa River watershed and the Napa Green Certified Land program was born. Certifying one’s entire property, the program partners with the RWQCB, National Marine Fisheries and the Napa County Ag Commissioner’s Office of Pesticide Regulation on verification of practices as stated in the farm plan. At the end of 2012, nearly 52,200 total acres were enrolled and 26,000 acres were certified.
Despite the development of a voluntary program to combat fine sediments into the waterways and the implementation of regulations on storm water management and erosion control, the RWQCB continues to move forward with developing the Conditional Waiver for Napa County growers. In early 2011, the RWQCB created a stakeholder advisory group in which members of the industry, the local Resource Conservation District and Natural Resources Conservation Service and some environmental groups were invited to review and advise the draft plan. A vintner task force was appointed by the Community and Industry Issues Committee (CIIC) to review and draft comments on the Conditional Waiver.
The NVV has monitored the RWQCB discussions on creating a regulation on fine sediment reductions and has advocated for several changes to the Conditional Waiver, includingthat properties already certified Napa Green receive credit for the positive work that they have done. As of today, the NVV, along with the Napa Valley Grapegrowers, Winegrowers of Napa County, and Napa County Farm Bureau have formally requested the extension of the public comment period, as much of the 45 day period falls within the holiday season. Further, the NVV is drafting formal comments for the public record which outline remaining concerns, which include advocating for a plan that does not cause any change in the replant approval process, is not overly complex, expensive to implement, or create an adversarial relationship among growers in the valley in monitoring the requirements.
What You Can Do
As the adoption of the Conditional Waiver appears imminent, vineyard owners can work on reducing fine sediment discharge on their properties.
Vineyards that are certified under the Napa Green Certified Land program can contact the California Land Stewardship Institute by visiting their website, by email to Laurel Marcus, or via phone at 707-253-1226 for potential farm plan updates based on RWQCB requirements. Enrollment in Napa Green Land for 2013 is now open.
Those not yet working on fine sediment reduction methods can enroll in Napa Green Certified Land by contacting the California Land Stewardship Institute as per above. Please have your Assessor’s Parcel Numbers (APN’s) ready.
The NVV will continue to share information regarding this issue as well as alternative programs with our members as it becomes available.
For more information, please contact Industry Relations Manager Michelle Novi at (707) 968-4206.
Updated 1/28/2019