Wineries & Vineyards

Pesticide drift can create hazardous air pollution that can travel outside the intended area when sprayed on the ground or in the air. Pesticide sprays can directly hit non-target vegetation, drift, or volatilize from the treated area and contaminate air, soil, and non-target plants. Some pesticide drift occurs during every application, even from ground equipment. Weather conditions at the time of application and temperature and relative humidity change the spread of the pesticide in the air.

Equipment movement on unpaved soils or operations that involve the movement of soils can cause fugitive dust emissions, which can impact third parties.

Generated wastes, including leftover spray solutions, excess pesticides, waste automotive fluids, tires, batteries, and other maintenance materials, may be classified as hazardous and require special disposal procedures. Improper handling, storage, or disposal can result in regulatory fines and disposal of these wastes at third-party disposal facilities can lead to environmental tort liability.

An accidental release during storage, handling, or loading/unloading of petroleum products, automotive fluids, and agriculture chemicals can lead to environmental cleanup and tort liability. Underground and aboveground storage tanks can leak, and improper or no secondary containment can allow the stored contents to contaminate soil and groundwater or migrate to surface waters or adjacent properties. Storage of concentrated ammonia-based fertilizers may react with other stored incompatible materials (e.g., lime, urea, nitrates, and sulfur) if leaked or spilled, resulting in a fire and emitting air pollutants.

Fuel, oil, and hydraulic fluid leaks from farm equipment and vehicles can occur from a rupture or malfunction of parts or equipment rollover. Leaks can also occur during equipment and vehicles’ use, storage, and maintenance and leach into soil or groundwater or collect in run-off. Spills can also occur during the loading and unloading of fuel and fluids into equipment and vehicles.

Fertilizers are rich in nitrogen and phosphorus. Water and soil containing nitrogen and phosphorus can collect in stormwater run-off, wash into nearby waters, or leach into ground waters. Stormwater run-off can harm water quality and human health and cause excess algae blooms, damaging ecosystems and aquatic life. High nitrate concentrations in drinking water can cause methemoglobinemia, a potentially fatal infant disease known as blue baby syndrome.

Wastewater may be generated from cleaning out pesticides, mixing or holding containers, and hosing down barrels, tanks, and buildings associated with winemaking. Releases of insufficiently treated wastewater could occur, or spills could occur during the cleaning or transfer of wastewater, creating environmental risks.

Particulate and ozone emissions can be created by growing operations, including moving equipment or vehicles on unpaved roads, dust stirred by winds, and combustion of fossil fuels and wood. Volatile organic compounds can also be emitted from certain pesticides and petroleum products.

Anhydrous ammonia, sulfur dioxide, and ozone are harmful gases that may be used in winery operations. Carbon dioxide is formed during fermentation and can act as an asphyxiant in confined spaces. Releases of these gases can injure workers or third parties present at a winery.

Accidental releases during the transportation of the wine, fuel, agricultural chemicals, waste oils, or wastewater from a winery due to improper cargo securement, a loose valve, or vehicle upsets or overturns can result in environmental liability.