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NARRATIVE SKS Farms Gary Silva On October 17, 2005, Robert McClellon, spoke with Garrett Backus, an employee with the San Joaquin County Environmental Health Department(EHD). Mr. Backus showed him photos from a complaint inspection he had conducted on October 14, 2005. The photos indicated that a property had been subject to an illegal discharge from SKS Farms (aka SKS Enterprises, Inc.), an egg-laying operation on an adjacent parcel. Several of the photos illustrated that the discharge was to the surface drainages that flowed through the property. The liquid manure was very dark in color and appeared to stain the banks of the surface drainages. The surface drainages contained areas where the liquid manure had ponded. The ponded areas had evidence of fly breeding. Mr. McClellon phoned Victor Izzo of the Central Valley Regional Water Quality Control Board(CVRWQCB), and left a message. Mr. McClellon phoned the San Joaquin County District Attorney's Office and left a message for David Irey. Mr. Irey's assistant, Elaine Antolin, phoned him back and gave him the phone number of California Department of Fish and Game (CDFG) Officer Lori Oldfather. On October 17, 2005, Robert McClellon and Garrett Backus met with Lori Oldfather at the property on E. Brandt Road(APN 023-180-03). The discharge had occurred on the eastern half of the parcel. A pipeline ran in a north-south direction, rising above grade south of the northern property line. The pipeline extended approximately 2000 feet south. The pipeline appeared to originate from the SKS facility. The pipeline was constructed of 10 inch gated irrigation pipe. The liquid chicken manure had leaked at every joint and from various gates in the pipe. The low spots surrounding the pipeline were heavily stained from the discharge of liquid chicken manure. The liquid followed the swells and drainages on the property. The property is mostly rolling hills. The property had also been subject to illegal disposal of solid chicken manure. The manure had been brought to the site from the SKS Farms facility, and spread by a truck. The manure had not been incorporated within 24 hours, as required by the Rules and Regulations Pertaining to San Joaquin County Ordinance 887. The site did not have a permit to operate a solid waste disposal area, and the site had not been approved for the disposal of chicken manure. The SKS Farms egg-laying operation was in violation of their approved manure management plan, which was a condition of the land use approval for the site. A large population of adult flies was also present, and appeared to be due in part to the fly breeding that was found on the property. Ms. Oldfather and Mr. McClellon contacted Jaime Maldonado,facility operator for SKS Farms. Mr. Maldonado stated that he had not ordered or directed anyone to discharge anything. Mr? Maldonado followed Officer Oldfather and Mr. McClellon to the area of the discharge. Mr. Maldonado indicated that the property belonged to Gary Silva, and he was giving the manure to him. Mr. Maldonado stated that the liquid chicken manure being discharged through the pipeline was coming from a manure pond located at SKS Farms. Mr. Maldonado indicated that Mr. Silva was responsible for operation of the pump that discharged the manure. Mr. Maldonado indicated that Mr. Silva was paying for the fuel to operate that pump, and had paid to have to the line installed. Mr. Maldonado also stated that Mr. Silva was responsible for operation of the pump. Mr. Maldonado provided Mr. McClellon with the phone number for Mr. Silva. Mr. McClellon contacted Mr. Silva, and explained that the EHD had received a complaint regarding his operation on East Brandt Road. Mr. McClellon asked Mr. Silva if he was responsible for the manure being