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Staff Report -8— Waiver 8— Waiver of WDRs for Small Food Processors not a wineries with septic tank/leachfields)and has found groundwater degradation beneath a significant number of wineries, even when waste is being discharged in conformance with individual WDRs. Per the California Water Code, waivers are only appropriate when shown to be not against the public interest. It is not in the public's interest to allow groundwater degradation. Therefore, it is not appropriate to allow the discharge of winery process wastewater(or the process wastewater from any small food processor)to septic tanks/leachfields due to the strength of the wastewater,the lack of treatment in the soil beneath a leachfield, and the lack of any proof that such a discharge is protective of groundwater. It is noted that the discharge of process wastewater to septic tanks/leachfields is to systems that have never been permitted by the Regional Board, and that the Board cannot legally allow the use to continue unless the Discharger complies with State Board Resolution No. 68-16 (the"Anti-degradation Policy") and other Basin Plan requirements. No winery owners have attempted to establish that the discharge is consistent with Resolution No. 68-16, and if one did, a waiver is not an appropriate vehicle for allowing degradation under that policy. Those individuals that currently discharge to leachfields will either need to change the waste disposal system to comply with the waiver, or will need to apply for coverage under individual WDRs or for the possible future land disposal General WDRs. Delay Consideration of this Waiver The Wine Institute has submitted comments stating that it is conducting an on-going study on the discharge of wastewater to land and that its recent Code of Sustainable Winegrowing Practices "addresses the best management practices necessary to ensure the protection of waters of the state." The Wine Institute asks that the Board postpone consideration of the waiver"until additional science can be provided justifying the waiver based on agronomic rates". The Wine Institute's ongoing land disposal study currently concerns the discharge of process wastewater and stillage to disposal (non-cropped)basins. Staff have reviewed the initial results from the three month study, and are concerned about the movement of a number of constituents through the vadose zone and potentially into groundwater. Staff believe that this study has no bearing on this waiver because the waiver is only concerned with two specific disposal practices: application of wastewater at reasonable agronomic and hydraulic loading rates onto cropped land, and the tanking/hauling of wastewater. Staff have also reviewed the Code of Sustainable Practices, commend the industry on its proactive stance. The"Winery Water Conservation and Quality" Chapter emphasizes water conservation practices. The chapter does not cover salinity reduction practices or disposal methods that are protective of water quality. Staff believe that the Code of Sustainable Practices has no bearing on consideration of this wavier. Several comments have been received regarding the need for this waiver. The waiver is seen as an economic, expedient method for permitting new wineries. A start-up winery has many different permitting and business decisions, and many small wineries have stated that they will tank/haul their wastewater in the first few years. This allows them to direct their resources to the myriad of other issues needed to begin operation, and allows them to easily dispose of their wastewater in the short-term. As they grow,they can later explore other options for wastewater disposal. The waiver will allow staff to easily permit these new wineries, and in turn, allow the Counties to issue building permits to these new businesses.