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1 3. As a result of this design,the pond fills and overflows during wet winters, disch ging <br /> 2 manure-laden water over San Joaquin Countyroads andneighboring properties an d into <br /> 3 waters of the state. <br /> 4 4. These discharges of manure-laden water have occurred periodically for over 15 years, <br /> 5 including during both wet and dry years. <br /> 6 5. Two of the Defendants lived very near the dairy,and visited frequently. Due to a air of <br /> 7 discharges in 1982, and inspections by the Regional Board,Defendants were onnotice <br /> 8 that their ability to manage the dairy's wastewater was affected by run-on from the Byron <br /> 9 Bethany lmgationDistrict,and performance ofpumpscontrolledbyDefendants. S' veral <br /> 10 additional discharges during the 1980's, including a November 1988 discharge which <br /> 11 preceded any rainfall,were described by two County employees and a Regional Board <br /> 12 inspector. Those events provided Defendants with further notice that the design and <br /> 13 operation of the dairy did not adequately control its waste. <br /> 14 6. The Regional Board next inspected the dairy in November, 1988, in response to an <br /> • 15 overflow. No rain preceded the overflow[Exhibit 50 and summ arythereof in attachment <br /> 16 1 to the People's Post-trial BriefJ. Accordingly,the only fair inference is that th daily <br /> 17 washing of cows and barn floors overwhelmed the pond's capacity at that time. <br /> 18 7. In March of 1993, Louis Pratt saw that the wastewater pond had overflowed into the <br /> 19 roadside ditch and onto adjacent property. Pratt also saw stormwater ponded in and <br /> 20 around the corrals. <br /> 21 8. During the following years a series of further discharges witnessed by Pratt and <br /> 22 - numerous neighbors, during un-exceptional rain events, further confirmed that the <br /> 23 facility was not capable of diverting or containing stormwater. <br /> 24 9. The evidence supports an inference that the Defendants,who were in the best p sition <br /> 25 to know the extent ofpond overflows,were aware of its deficiencies throughout 1 he late <br /> 26 1980's and the 1990's. <br /> 27 10. The dairy continued to offend neighbors during the mid-1990's,as evidenced by a,steady <br /> 28 <br /> 3 <br />