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

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1 1997 by Mr.Kimbrough and his employees, using equipment which had long been available • 2 No testimony was offered regarding why those modest improvements could not have been m de 3 as early as 1982_ The Defendants did not hire an engineer to advise them regarding 4 improvements, and did not use construction professionals to create a berm of uniform height Dr 5 compaction. 6 During the summer of 1997 the Kimbroughs engaged SEMCO for the first time to 7 remove solids from the pond. According to SEMCO employee John Alcorn, and photograph 8 [Exhibits 13EE, 13FF, and 13GG], SEMCO found a tale-filled pond which had largely filled. 9 with manure solids, and a sandbar exceeding 100 feet in length. SEMCO was able to remove 10 parts of the solids, but was unable to reach parts of the pond. [Exhibit 38]. 11 After the winter of 1998,the Kimbroughs hired George Vierra to improve the pond bee is 12 and add berms on the property perimeter. The sum spent was a modest$10,000. Vierra testified 13 that he could not work on all four sides of the pond [Exhibit 271, leaving the south and west • 14 sides lower. He did not rebuild any berms from scratch, but merely added dirt to existing beans 15 and ran his heavy equipment over it while dry. Nothing was done which could not have been 16 done in previous years. Again, the Defendants eschewed any expert advice or engineering on 17 the project.13 18 It was undisputed that Joe and Lillian Machado did nothing at all to improve the property 19 in response to the discharges. Joe Machado conceded on the witness stand that he owns the 20 property. He has 57 years of experience operating dairies, and-is familiar with the Regional 21 Board's requirements. 22 F. Will there be a Third Decade of Discharges? 23 Based on the history of discharges, and the following evidence regarding the state of the 24 dairy, an injunction is necessary, as detailed below- Aerial photographs from January 25,2000 25 show the pond overflowing the low west berm into the manure solid storage area. [Exhibits 26 • 27 28 13 . Two Kleinfelder employees testified that their only work was in response to a Regional Board Order requiring a calculation, and to prepare for litigation.