The Napa County District Attorney’s Office has filed a lawsuit claiming Yountville’s Cosentino Winery has been making more wine than the law allows.

Cosentino is accused of making more than its permitted production of 30,000 gallons per year and exceeding allowable noise levels. Cosentino’s noise and use permit violations have been the source of ongoing complaints from neighbors on Highway 29 north of Yountville for several years.

Napa County Deputy District Attorney Daryl Roberts said he could not reveal how by much the winery allegedly exceeded its 30,000 gallon use permit.

Cosentino Winery has been slapped with a $100,000 civil penalty, but half the fine will be dropped if the winery does not exceed its permitted production or violate noise rules for five years.

The winery will be monitored to make sure it is in compliance, according to Roberts.

Meanwhile, the winery is seeking to make changes that will put the problems behind it, including a reconfiguration of winery equipment and an increase in the amount of wine it is allowed to produce.

Roberts said the noise problem could be solved if Cosentino reworked its intake and crushing set-up. A portable bottling line also would need to be shifted.

In addition, the winery has decided to apply for a use permit to allow production of 100,000 gallons annually.

Larry Soldinger, CEO and chairman of Cosentino Winery, said he feels the civil suit and proposed settlement will end the problems. “We have really been fighting this out for the past 10 years, dealing with the production and noise issues,” he said. “After all this time, we felt this is the best way to resolve the issues. To make this a win-win situation for everyone it is best to reconfigure the winery and apply for a 100,000 gallon use permit. This will eliminate any further questions.”

Soldinger said the winery plans to apply for a 100,000 gallon use permit within the “next few weeks. This should allow us to continue on and make wonderful wines.”

He estimates, once the use permit is approved, reconfiguration of the winery’s footprint could be completed for the crush of 2010.

Cosentino Winery has been in the Napa Valley since 1990.