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I B. Evidence Supporting Injunctive Relief <br /> 2 The Regional Board formally found that the Defendants violated the regulations and <br /> 3 "caused or permitted and threatens to cause or permit waste to be discharged into the waters of <br /> 4 the state and had created, or threatens to create, a condition of pollution or nuisance." (Exhibit <br /> 5 11, finding 14.) Those issues are res judicata. <br /> 6 The longstanding violations alone suggest the likelihood of future violations. Defendants <br /> 7 offered no evidence of a dramatic climate change that will make future winter discharges <br /> 8 unlikely. To the contrary, they strenuously press the point that upstreamchanges make their <br /> 9 situation ever more precarious. <br /> 10 Defendants' attitude toward their violations also demonstrates the need for a detailed <br /> 11 injunction. They failed to address known problems at the dairy during twenty years. When <br /> 12 ordered to take action,their responses were low budget and dilatory. Finally,defendants <br /> 13 testified that they have done all that is possible, except Joe J. Machado, who adamantly declared <br /> • 14 that he has done nothing to improve the dairy. <br /> 15 Louis Pratt, who is familiar with hundreds of dairy waste-handling systems, testified <br /> 16 regarding what changes are needed_ He recommends that the defendants should, at a minimum: <br /> 17 (1) build high,compacted berms around the facility to divert clean stormwater from <br /> 18 manured areas; <br /> 19 (2) increase the capacity of the pond through construction and annual cleaning; <br /> 20 (3) install two valves between the pasture and the pond,-.one.which could,-be opened to <br /> 21 allow contaminated runoff to drain into the pond, the second which could be opened to direct <br /> 22 clean stormwater off of the property; <br /> 23 (4) construct roofs over the corrals, as most dairies do, to keep the animals and those <br /> 24 manure-covered areas dry; <br /> 25 (5) grade the corrals to eliminate standing water, and capture the drainage therefrom. <br /> 26 With guidance from a professional engineer familiar with animal waste handling systems, <br /> • 27 the Defendants should determine the proper location to build a new pond. No one knows the <br /> 28 actual volume of the existing pond. Kleinfelder's Mr. Nephew explained that he had no way to <br /> Plaintiff's Post-Trim A,;-c I <br />