Wines & Vines

January 2017 Unified Symposium Issue

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January 2017 WINES&VINES 149 GRAPEGROWING the San Francisco Bay Region's Order 96-011, Reuse Water Quality Requirements and Limita- tions. The Water Quality Control Plan for the Central Coast Basin governs certain water reuse requirements in communities that are part of Region 3 (Central Coast). Other re- gional boards may not have a specific recycled water order but instead orders concerning discharges of treated groundwater from the investigation and/or cleanup of contaminated sites or region-specific or use-specific orders may apply. In those regions without applicable recycled water general orders, entities wanting to become recycled water users or producers should contact their regional board for autho- rization and may need to apply for individual waste discharge requirements. What is a recycled water use agreement? When the producer and user of the recycled water is not the same entity, a recycled water use agreement is required that: • Clarifies the recycled water quantity to be received (both a maximum and mini- mum is common); • May provide a guarantee regarding quality; • May require the producer to provide a substitute water source if quantity or quality is not available; • Clarifies who is responsible for the engi- neering, permitting, design, construction and funding of onsite and offsite retrofit requirements for the transport and deliv- ery of the recycled water to the user; • Determines whether there will be any charges for the recycled water now or in the future; • Clarifies who shall monitor, test and comply with reporting requirements for the discharge; • Clarifies who shall be liable for noncom- pliance with the state general order and regional board requirements; • May limit or penalize early termina- tion, and • May discuss other allocations of re- sponsibility, liability and risk between the parties. If the producer is a municipal or publicly funded entity, additional grants or funding may be available. For example, the Clean Water State Revolving Fund provides 1% loans for publicly owned water-recycling projects costing up to $100 million. The State Water Efficiency and Enhancement Program provides agricultural operations with up to $200,000 in funding for irrigation systems that reduce greenhouse gases and save water. The Environmental Quality Incentives Program provides financial and technical assistance up to $20,000 per fiscal year to agricultural producers to plan and im- plement conservation practices. Additional grants and assistance may be available depend- ing on location and specifics of the project. As apparent from the above, recycled water projects are complicated but permissible, do- able and fundable, and their water-reduction benefits are already being realized. Alison B. Torbitt is an associate in the office of Nixon Peabody LLP in San Francisco, Calif. She is a member of the firm's Energy and Environmental Practice Group and active in maritime matters, the beverage alcohol team and commercial litigation. She focuses on compliance, from counseling manufacturers on stormwater obliga- tions to assisting contractors with licensing to helping residential solar companies comply with consumer protection obligations. Torbitt also is part of the firm's California Drought Task Force, which thinks strategically about the risks that clients face due to the drought as well as related opportunities for financing, sustainability, water conservation, infrastructure and innovation. She thanks Libby Ford, senior environmental health engineer and a member of the Nixon Peabody LLP Energy and Environment Practice Group, and Jamilah Mena, summer associate at Nixon Peabody LLP and a student at the University of California, Hastings College of the Law, for their help with the research for this article. • Empty Bottle Inspection • Fill Level Inspection • Label Inspection • Case Inspection • Cork & Cap Inspection • Chipped Finish • Checks • Scuffs • Bird Swings • Foreign Object • Thread & Neck Experiencing Glass Quality Issues? FT System has a complete range of solutions for empty glass inspection. EMPTY BOTTLE FT System North America 30 Corporate Park Drive, Ste 230 Pembroke, MA 02359 office: 781.826.8184 email: info@ftsystem.com www.ftsystem.com Visit us at Booth H4 at the Unified Wine & Grape Symposium January 24-26

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