ARCHIVED REPORTS_LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT AND SUMMARY OF PROJECT TO DATE

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.. -✓SIE`=: _ - - 1 stream of complaints received by the County Health Department [Exhibits 39,40,421.1 2 Complaints in January and March, 1996 correspond to testimony of County Dairy Inspector Bill 3 Marchese, who saw frothy,brownish water leaving the dairy that winter. 4 Neighbor Janet Stapleton testified that most winters since she moved to Grant Line Road 5 in 1993 wastewater flooded the Grant Line/Mountain House Parkway intersection. As a result 6 her car needed frequent cleaning, the smell was sickening, and she and others often detoured to 7 avoid the intersection. When she could not avoid it, on occasion it destroyed her appetite. 8 The Regional Board's Louis Pratt responded to a complaint on January 29, 1997. At that 9 time he photographed and sampled an overflow around the pond's north berm he estimated at 30 10 gallons per minute.2 Two days later Pratt saw the same overflow,unabated. Rainfall records 11 showing rains for the 45 preceding days,indicate that the overflow may have lasted for sevet0 12 weeks.3 The testimony and videotape offered by neighbor Richard Huettis showed that 13 significant water was already in the area, probably from Patterson Run creek,on January 23,1 14 1997. [Exhibit 1031 It is more likely than not that the Defendants discharged hundreds of 15 thousands of gallons over several days in January, 1997. 16 An expert in aquatic biology,Michael Rugg, testified that the sample results from the 17 1997 discharge showed the wastewater to be acutely toxic or chronically toxic to aquatic life. In 18 addition to ammonia, which was found in concentrations lethal to many forms of aquatic life, 19 Rugg testified that the biological oxygen demand of the manure and associated bacteriological 20 activity could strip water of the oxygen necessary to support life. Moreover,the electrical 21 22 1 . The complaints were admitted for the limited purpose of proving the fact and date of their receipt. At a minimum they demonstrate that the community was sufficiently offendled 23 by the "overflows,""boil," and "leaks" as to complain to the county. 24 2 . 30 gallons per minute translates to approximately 43,200 gallons per day. 25 3 - From Exhibit 50,rainfall data shows that in the week preceding January 31, 1997 26 there was less than one inch of rain. However, there were just over five inches of rain between January 1, 1997 and January 31, 1997. The largest single day was 0.77 inches on January 7 , 27 about one-third of the 2.25 inch "design storm" defendants must be capable of controlling. Heavy rains fell on December 21" and 22nd 1996, suggesting that the discharge may have been 28 ongoing from December 21" 1996 through January 31" 1997. The defendants presented no evidence that they abated those discharges.