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I preceding the complaint. <br /> 2 2. The nuisance condition is a separate unfair business practice from the dozens <br /> • 3 of off-property discharges. of dates <br /> 4 B. Monetary Penalties for Violations of Business and Professions Code § 17200 <br /> 5 The Plaintiffs requested that the Court should impose a$100 daily penaltyfor 1461 days, <br /> 6 yielding a total penalty of$146,100 <br /> Pursuant to the Business &Professions Code. The Plaintiff <br /> 7 urged that a penalty for each separate violation must be imposed. This Court does not award <br /> 8 monetary penalties under Business and Professions Code section I7200, as injunctive relief is,being <br /> 9 ordered. <br /> 10 C. Mandatory and Permanent Injunctive Relief is Ordered for the Sixth Cause of Action <br /> 11 Pursuant to Business and Professions Code section 17200 et. seq, the Court orders inj ctie <br /> 12 relief parallel in every way to the mandatory and prohibitory injunctive provisions outlined ab t v <br /> 13 the Second Cause of Action. <br /> 14 <br /> 15 VIII <br /> • <br /> 16 STAYED PENALTIES <br /> This Court orders that all penalties set forth in this Statement of Decision are formally <br /> 17 imposed, but all except$100,000 of the <br /> Penaltyimposed under Water Code section 13385 are <br /> 18 suspended on condition.that the$100,000 imposed under Water Code section 13385 is paid within <br /> 19 180 days of Notice of Entry of Judgment and all terms of the injunction as set forth under the Second <br /> 20 Cause of Action above are complied with by the time limits specified. The Court considers the time <br /> 21 frame required to complete the work under the mandatory injunctive provisions to be adequate and <br /> 22 appropriate, given the facts and evidence set forth during trial In the event that the injunction h <br /> as <br /> 23 been violated during the next ten years from the Notice of Entry of Judgment, the suspended <br /> 24 penalties totaling$1,000,000 or aportion thereof will be payable if the Court finds violation after <br /> 25 duly noticed hearing. . <br /> 26 Closure of the i <br /> dary will result in the necessity for further hearing before the Court regarding <br /> 27 potential modification of the injunction and imposition of penalties. <br /> 28 <br /> 14 <br />