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• The court finds that a nuisance exists as an alternative basis for ordering injunctive <br /> relief. <br /> Injunctive relief is ordered and defendants are hereby ordered to: <br /> 1) build high, compacted berms around the facility to divert clean <br /> storm water from manured areas, <br /> 2) increase the capacity of the pond to at least three million cubic <br /> feet of available capacity and maintain that capacity by annual <br /> cleaning; <br /> 3) install two valves between the Pasture and the Pond, one which <br /> could be opened to allow contaminated runoff to drain into the <br /> • pond,the second which could be opened to direct clean storm water <br /> off of the property, <br /> 4) construct roofs over the corrals, as most dairies do,to keep the <br /> animals and those manure-covered areas dry; and <br /> 5) grade the corrals to eliminate standing water and capture the <br /> drainage therefrom. <br /> Ali penalties set forth in this Decision are formally imposed, but all except S100,000 <br /> of the penalty imposed under Water Code section 13385 are suspended on condition that the <br /> $100,000 imposed under Water Codesection 13385 is paid within 60 days of Notice of Entry of <br /> in are complied with by November 1, 2000. In the <br /> Judgment and all terms of the injuncto <br /> • -3- <br />