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1 C. Abatement Of A Nuisance <br /> • 2 The same evidence regarding the discharges18 establishes the existence of a public <br /> 3 nuisance. A public nuisance is "[a]nything which is injurious to health, or is indecent or <br /> 4 offensive to the senses, or an obstruction to the free use of property, so as to interfere with the <br /> 5 comfortable enjoyment of life or property" (Cal. Civ. Code § 3479) affecting "an entire <br /> 6 community or neighborhood,or any considerable number of persons. . . [Cal. Civ. Code § <br /> 7 3480.] "Pollution of water constitutes a public nuisance.s19 <br /> 8 The Seversons testified regarding inundation of their yard.and well with defendants' <br /> 9 wastewater,rendering their water unfit for drinking or bathing for months at a time. Janet <br /> 10 Stapleton described the inconvenience and offense she, and presumably hundreds of others, <br /> 11 experienced by driving through a public intersection flooded with Defendants' discharges. <br /> 12 The number of complaints to San Joaquin County Public Health, as attested by Mike <br /> 13 Huggins,Bill Marchese, and Larry Godhino, demonstrate that the discharges were nuisances me <br /> 14 to many. [Exhibits 39,40,42] <br /> 15 The maintenance of a dairy without adequate holding capacity or structural integrity to <br /> 16 contain its sewage inevitably results in the discharge of manure into surface waters of the state, <br /> 17 threatening aquatic life, human health, and the enjoyment of our natural resources by the ci ' ens <br /> 18 of California, and constitutes a continuing nuisance to the surrounding environs pursuant to <br /> 19 Sections 3479 and 3480 of the California Civil Code. The court should find that a nuisance <br /> 20 exists as an alternative basis for ordering injunctive relief. <br /> 21 III. LIABILITY FOR A PENALTY <br /> 22 A. Liability Pursuant To Water Code § 13385. <br /> 23 The Lucky J Dairy confines more than 1000 cows, making it a concentrated animal <br /> 24 feeding operation and therefore a "point source" within the meaning of section 502 of the <br /> 25 <br /> 26 <br /> • 27 18 . It is the discharges of wastewater, not the lawful operation of a dairy, which <br /> constitutes a nuisance. <br /> 28 <br /> 19 . Newhall Land& Farming Co. v. Superior Ct. (1993) 19 Cal.App.4th 334, 341 <br />