Laserfiche WebLink
1 D. Summary of Discharges <br /> 2 The rainfall records and the pond's tendency to fill to capacity early in the winter season, <br /> 3 strongly suggest that the observed discharges lasted for several days. Several witnesses <br /> 4 corroborated such continuous discharges. Randy Severson testified that it"usually went for one <br /> 5 or two days." The only time Louis Pratt returned to follow up a discharge,two days after th <br /> 6 1/29/97 incident, it was still overflowing at the same rate_ In 1998,W. Sarabijt Atwal testif ed <br /> 7 that when he returned a week after the February 1998 discharge,it was still overflowing. IE <br /> 8 testimony was bracketed by the Seversons,who saw overflowing on January 25, 1998, and by <br /> 9 Louis Pratt,who saw it on February 18, 1998. The longstanding nature of the overflow was <br /> 10 corroborated by Joanne Kimbrough's testimony that the unusual run on in 1998 lasted forth ree <br /> 11 weeks.10 A more detailed analysis of rainfall and circumstantially proven discharges is <br /> 12 contained in Attachment 1 hereto, a chart juxtaposing rainfall data from Exhibit 50 with <br /> 13 testimony regarding observed discharges. All told, it is more likely than not that Defendan ' <br /> • 14 discharged wastewater on over 100 days during the five years" preceding the Apri128, 199 <br /> 15 complaint, and on at least 50 days during the three years 12 preceding the complaint. <br /> 16 <br /> 17 E. Kimbroughs' AttemRtts to Correct the Problems <br /> 18 At the time of the 1997 discharges and inspections,Louis Pratt suggested the obvious to <br /> 19 Bruce Kimbrough: isolate the waste pond from the surrounding area by building levees on all <br /> 20 four sides. W. Kimbrough prepared a proposal/drawing to add levees on the south and west <br /> 21 sides of the pond area [Exhibit 5]. Mr. Pratt questioned why the drawing showed an open area <br /> 22 allowing stormwater to enter the pond's northwest comer. Those levees were finally built i <br /> 23 <br /> 9 . There was testimony that the pond filled and overflowed in November, 1988, in the <br /> 24 complete absence of rain. <br /> 25 10 , The Kimbroughs carefully denied any escape of waste from the pond in 199 . In <br /> 26 light of the many disinterested witnesses who saw discharges from the pond flood their fields, <br /> • homes, and the intersection, no credit can be given to the Kimbrough's self-serving testimony. <br /> 27 <br /> 11 . Cal. Code Civ. Proc. § 338.1. <br /> 28 <br /> 12 . Cal. Code Civ. Proc. § 338(i). <br />