Press Release
FOR IMMEDIATE RELEASE
Date: 03/13/03

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Jeffrey W. Holtzman 565-3148

Santa Rosa, Sonoma County, California

COORDINATED EFFORTS BY STATE AND FEDERAL ENFORCEMENT OFFICIALS WORKING CLOSELY WITH THE DISTRICT ATTORNEY’S OFFICE CAN RESULT IN SETTLEMENTS THAT ARE BOTH FAIR AND WHICH PROTECT THE ENVIRONMENT. PROTECTING OUR NATURAL RESOURCES IS ONE OF OUR TOP PRIORITIES.

Sonoma County District Attorney Stephan R. Passalacqua announced today the settlement of a multi-agency civil environmental enforcement action against Gallo Vineyards, Inc., as a result of November, 2001 sediment discharges into local waterways at the winemaker’s Twin Valley Ranch near Forestville, California. Under the terms of the settlement approved by the court today, Gallo will mitigate the impacts of stream pollution in the Porter Creek watershed by paying $161,000 for watershed enhancement projects and agency costs. Additionally, Gallo will undertake environmental improvement projects valued at $350,000, host a sediment control workshop for growers and adopt a policy to irrigate and establish cover crops on sensitive hillside locations prior to the onset of seasonal rains.

“This case demonstrates that coordinated efforts by state and federal enforcement officials working closely with the District Attorney’s Office can result in settlements that are both fair and which protect the environment,” said Stephan R. Passalacqua. “Protecting our natural resources is one of our top priorities,” Passalacqua added.

Concern for the viability of California Central Coast steelhead and salmon in the past few years has increased since these species have been listed as threatened under the Endangered Species Act. This is evidenced by the fact the Gallo enforcement action was referred to the District Attorney by the National Marine Fisheries Service, the California Department of Fish and Game, as well as the state’s North Coast Regional Water Quality Control Board. Although each agency could have taken administrative action independently, the agencies opted to refer the matter to the district attorney for it to undertake a consolidated enforcement approach.

Gallo’s Twin Valley Ranch (formerly the Fred McMurray Ranch) is located along Westside Road in the Russian River winegrowing appellation in Sonoma County. Gallo developed approximately 350 acres of grapes and of these only two sections without crop cover created the erosion runoff problem resulting in the enforcement action. All other hillside vineyard segments at the site had an established crop cover in place demonstrating how successful this approach is in preventing erosion, according to local water quality officials.

“We are pleased with this result because not only will Gallo address the pollution impacts from the incident, but by implementing a policy to establish cover crops before the rains begin, Gallo will be setting a high standard for all grape growers in Sonoma County,” says Susan A. Warner, Executive Officer of the North Coast Regional Water Quality Control Board. “Anytime sediment enters waterways it’s a concern because of the many ways it can harm water quality and the stream life residing there, but we believe this settlement appropriately addresses the resulting harm,” added Warner.

The settlement provides $100,000 to the National Fish and Wildlife Foundation to fund projects in Sonoma County that will restore, enhance and protect salmonid habitat. These funds, to be used in conjunction with proceeds from another pending pollution case, have been earmarked for the Wine Creek Watershed Restoration Project, the Wine Creek/Koch Road Barrier Removal Project and the West Dry Creek Road/Wine Creek Culvert Modification Project. Additionally, the California Water Pollution Cleanup and Abatement Account will receive $30,000, the National Marine Fisheries Service will receive $10,000 for water quality public service announcements, the California District Attorneys Association and Western States Project will each receive $8,000 for training and enforcement support services, the District Attorney’s office will receive $5,000 in costs and the Department of Fish and Game will receive $212.40 reimbursement for laboratory costs.
The judgment and permanent injunction issued today in People v. Gallo Vineyards, Inc., case #SCV 232235, was signed by the Hon. Laurence J. Sawyer, Judge, Sonoma County Superior Court. The case was investigated for the National Marine Fisheries Service by Special Agent Dan J. Torquemada, for the Department of Fish and Game by Wardens Lorraine Sinclair and Wayne Howe, and for the North Coast Regional Water Quality Control Board by Engineering Geologist Scott Gergus. Sonoma County Deputy District Attorney Jeffrey W. Holtzman was assigned primary litigation responsibility for this case.

Additional Contacts:

Robert Tancretto
Division Chief for Watershed Protection,
North Coast Regional Water Quality Control Board
(707) 576-2220

Scott Gergus, Engineering Geologist,
NCRWQCB
(707) 576-2220

Dan Torquemada, Special Agent
National Marine Fisheries Service
(707) 575-6075

Jeff Lyon, Spokesperson
Gallo Vineyards, Inc.
(707) 431-5503