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1 27. It was undisputed that property owners Joe and Lillian Machado did nothing a all to <br /> • 2 improve the property in response to the discharges. Joe Machado has 57 years of <br /> 3 experience operating dairies, and is familiar with the Regional Board's requirements. <br /> 4 28. Based on the history of discharges and the voluminous evidence regarding the state of <br /> 5 the dairy, an injunction is necessary, as detailed below. <br /> 6 29. Photographs from February 2000 showed sloughing from the historically weak north <br /> 7 bene. [Exhibit 13W] According to Mr.Kimbrough's testimony,his attempts to do mid- <br /> 8 winter repairs merely got his loader stuck in the mud. <br /> 9 30. Defendants failed to do what most dairies do,namely design and construct an ado quate <br /> 10 pond— isolated from the surrounding area— to collect wash water from the bai n and <br /> 11 corral runoff. <br /> 12 31. Defendants' offered several witnesses [including Richard Gilmore, Joseph Spat ore, <br /> 13 Lynn Bedford]regarding the construction of a business park to the south ofhighwa 205, <br /> 14 and its possible effects on Patterson Run Creek. But the Court accepts the testimony of <br /> • 15 county engineer Charles Kelly, who testified that the drainage from that development <br /> 16 was not constructed until after the discharges alleged in the complaint. <br /> 17 32. The Defendants waited until the summer of 1997 to surround their pond, bul then <br /> 18 installed a pipe to defeat the purpose of the surrounding berms. Defendants did not <br /> 19 regularly remove accumulated solids from the pond. Currently,the design and loc ation <br /> 20 of the pond does not allow complete cleaning even with a 50-foot reach excavator. <br /> 21 33. There were dairy waste discharges from the Lucky J Dairy on January 23, 1997,Jai ivary <br /> 22 ` 29, 1997, January 30, 1997, January 31, 1997, January 25, 1998, February 3, 1998, <br /> 23 February 4, 1998, for at least seven additional days around February 8, 1998 (as noted <br /> 24 by Mr. Atwal),February 18, 1998, and May 13, 1998. <br /> 25 34. On occasion within the statutorytime frame there were simultaneous multiple discharges <br /> 26 occurring at the Dairy. Robert Matteoli testified to six separate points of discharge on <br /> 27 a single day. <br /> • 28 35. The early years of discharges are relevant to the Defendants knowledge, attitude, 4d to <br /> 7 <br />