18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a...
Transcript of 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a...
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
JEFFREY F. ROSEN (SBN 163589)
District Attorney, County of Santa Clara
DENISE RAABE (SBN 171949)
Deputy District Attorney
Environmental Protection Unit Exempt from fees pursuant to
70 West Hedding Street Government Code §6103
San Jose, California 95110
Telephone: (408) 792-2549
Facsimile: (408) 279-8742
Attorneys for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
THE PEOPLE OF THE STATE OF
CALIFORNIA,
Plaintiff,
v.
MONTEREY MUSHROOMS, INC.,
a California Corporation;
SHAH KAZEMI an individual;
and DOES 1-100, Inclusive,
(642 Miramonte Ave., Morgan Hill, CA.
APN 712-24-005
APN 712-07-108
APN 712-26-046
APN 712-26-018
APN 712-07-017
APN 712-26-020
APN 712-25-051
APN 712-24-009)
Defendants.
No.
COMPLAINT FOR PRELIMINARY AND
PERMANENT INJUNCTIONS, CIVIL
PENALTIES, DAMAGES AND OTHER
EQUITABLE RELIEF
(Fish and Game Code §1602, 1615, 5650,
5650.1 et seq.; Business and Professions Code
§ 17200 et seq.)
UNLIMITED CIVIL COMPLAINT (Amount
demanded exceeds $25,000.00)
Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA, bring this action by and
through JEFFREY F. ROSEN, District Attorney of the County of Santa Clara, and allege the
following:
E-FILED12/21/2018 6:32 PMClerk of CourtSuperior Court of CA,County of Santa Clara18CV339948Reviewed By: R. Walker
18CV339948
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District Attorney
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San Jose, CA 95110
PLAINTIFF’S AUTHORITY
1. The allegations set forth in paragraphs 3 through 328 of this Complaint are alleged
on information and belief and cover the time period between January 6, 2012, to the present
(“Complaint Period”).
2. The authority for JEFFREY F. ROSEN, District Attorney of Santa Clara County,
(hereafter “People”) acting to protect the public from health and safety hazards and to protect the
environment of the State of California, to bring this action in the name of and on the behalf of the
People of the State of California, is derived from the statutory and decisional law of the State of
California, including but not limited to Fish and Game Code sections 5650, 5650.1, 1602, 1615,
12016 and Business and Professions Code sections 17200, 17203, 17204, and 17206. Pursuant to
California Fish and Game Code section 5650.1, the People may bring a civil action in the name of
the People of the State of California for violations of state law dealing with water pollution as set
forth in Chapter 2 of Division 6 of the California Fish and Game Code. The People may also
bring a civil action in the name of the People of the State of California for violations of state law
involving the protection and conservation of fish and wildlife as set forth in Chapter 6 of Division
2 of the California Fish and Game Code section 1615. The People also have authority to bring a
civil action in the name of the People of the State of California to enjoin any person who engages,
has engaged, or proposes to engage in unfair competition, (unlawful, unfair or fraudulent business
practice) as defined in California Business and Professions Code section 17200 et seq., and to
seek permanent injunctions and civil penalties for each act of unfair competition. The alleged
actions of Defendants, as set forth below, are in violation of the laws and public policy of the
State of California and are inimical to the welfare, rights, and interests of the general public.
//
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District Attorney
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San Jose, CA 95110
JURISDICTION, VENUE AND TOLLING OF THE
STATUTE OF LIMITATIONS
3. Jurisdiction and venue is proper in the Superior Court of Santa Clara County
because Plaintiff seeks to obtain permanent injunctions and enforce civil penalty provisions of
Business and Professions Code section 17200 et seq., for unlawful business practices, and Fish
and Game Code sections 5650, 5650.1, 1602, 1615 for acts which polluted waters of the State
and/or placed waste where it may enter a river, stream or lake within the State of California, all of
which occurred within Santa Clara County. (Code of Civil Procedure section 393, Article 6,
Section 10 of the California Constitution)
4. Defendant MONTEREY MUSHROOMS, INC. is now and, was at all times
mentioned in this Complaint, a California corporation doing business in its own capacity and/or
through officers, employees, agents, subsidiaries, and affiliates in the County of Santa Clara,
State of California.
5. Plaintiff and Defendant MONTEREY MUSHROOMS, INC., (hereafter
MONTEREY MUSHROOMS), and all wholly or partially owned subsidiaries of MONTEREY
MUSHROOMS, and Defendant SHAH KAZEMI, owner and Chief Executive Officer of
MONTEREY MUSHROOMS, have entered into a series of agreements to toll any applicable
statute of limitations. As a result of those agreements, each day from January 5, 2016, up to and
including the date of the filing of this Complaint (hereafter “Tolling Period”), will not be included
in computing the time limited by any statute of limitations applicable to any and all causes of
action brought against Defendants MONTEREY MUSHROOMS and SHAH KAZEMI based on
claims covered by the tolling agreement. The covered claims in the tolling agreement includes
each of the causes of actions and claims alleged in this lawsuit against Defendants MONTEREY
MUSHROOMS and SHAH KAZEMI.
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DEFENDANTS
6. Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a
current address for its principal place of business and headquarters at 260 Westgate Drive,
Watsonville, California. MONTEREY MUSHROOMS owns ten growing facilities or farms
throughout the United States and Mexico where they grow and ship different varieties of
mushrooms throughout the United States. According to the company’s website, MONTEREY
MUSHROOMS is the largest grower of mushrooms in North America. MONTEREY
MUSHROOMS owns and operates, either directly or through wholly owned subsidiaries, four
farms within California: two in Monterey County, one in San Luis Obispo County, and one
located at 642 Hale Avenue, Morgan Hill, California, in Santa Clara County (hereafter
“MORGAN HILL”). The MORGAN HILL facility consists of seventy (70) plus acres located at
the intersection of Hale Avenue and Miramonte Avenue, in Morgan Hill, CA, APN numbers 712-
24-005; 712-07-108; 712-26-046; 712-26-018; 712-07-017; 712-26-020; 712-25-051; 712-24-
009. Pursuant to Santa Clara County Property records the address for these parcels is 642
Miramonte Ave., Morgan Hill, CA.
7. Whenever reference is made in this complaint to any act of Defendant
MONTEREY MUSHROOMS, such reference shall be deemed to mean that the corporation
MONTEREY MUSHROOMS’ officers, employees, agents, representatives, subsidiaries, or
contractors did, ratified or authorized or caused to be done, or recklessly or carelessly failed to
adequately supervise, or control or direct, such acts or omissions while actively engaged in the
ownership, management, direction or control of the affairs of said corporate Defendant or while
acting within the scope and course of their duties.
8. Defendant SHAH KAZEMI founded Defendant Monterey Mushrooms, Inc. in
1971, and is, and at all times relevant to this Complaint, the President and Chief Executive
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San Jose, CA 95110
Officer of Monterey Mushrooms, Inc., a privately held, family owned company, whose stock is
not publicly traded.
9. The true names of Defendants sued in this Complaint under the fictitious names of
DOES 1 through 100, inclusive, are unknown to Plaintiff, who therefore sues those Defendants by
such fictitious names under the provisions of section 474 of the Code of Civil Procedure.
Defendants DOES 1 through 100 are in some manner responsible for the violations alleged
herein. Each reference to, or allegation against, MONTEREY MUSHROOMS in this complaint
is also a reference to or allegation against Defendant SHAH KAZEMI and all Defendants sued as
DOES 1-100, hereafter collectively referred to as Defendants. Plaintiff will amend this
Complaint to show their true names when they have been ascertained.
10. At all times relevant hereto, Defendant SHAH KAZEMI and Defendants DOES 1 -
10 were in a position of responsibility allowing them to influence company policies or activities
with respect to Defendant MONTEREY MUSHROOMS’ compliance with California laws
prohibiting the discharge of deleterious process water, contaminated storm water, and production
wastewater into waters of this state, and had, by reason of their position in the company,
responsibility and authority either to prevent in the first instance, or promptly to correct the
violations complained of herein, but failed to do so. In addition to any direct personal liability of
these individuals, Defendant SHAH KAZEMI and Defendants DOES 1 - 10 also are personally
liable under the "responsible corporate officer doctrine" for violations of law committed by
Defendant MONTEREY MUSHROOMS as alleged herein.
11. Whenever reference is made in this Complaint to any act of a corporate defendant,
that allegation shall mean the corporation did the acts alleged in this Complaint through its
officers, directors, employees, agents and/or representatives while acting within the actual or
ostensible scope of their authority.
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12. Whenever reference is made in this Complaint to any act of Defendants, such
allegations shall be deemed to mean the act of each Defendant acting jointly and severally.
13. Whenever reference is made in this Complaint to any act of Defendants, such
allegations shall have occurred during the Complaint Period, unless otherwise specified.
INTRODUCTION
14. On December 12, 2015, California Department of Fish and Wildlife received a
report that Defendant MONTEREY MUSHROOMS may be in violation of Fish and Game Code
section 5650(a)(6), discharging deleterious substance into waters of the state, Fisher Creek.
15. Between January 5, 2016, and April 2017, California Department of Fish and
Wildlife Wardens and Environmental Scientists (hereafter “Wardens”) investigated, observed,
recorded and documented by photographs, (see Exhibits 1-33 attached to this Complaint), videos
and testing results, intentional discharges of deleterious process water and deleterious
contaminated or polluted storm water into waters of the state, Fisher Creek and tributaries to
Fisher Creek, by Defendants at the MORGAN HILL facility. The discharges include, but are not
limited to, process water, production wastewater, and contaminated or polluted storm water, from
pipes, failing pumps, storm water holding ponds, process water tanks, leachate or runoff from
spent or used compost piles and production compost piles, all of which are deleterious and a
waste, directly into waters of the state, Fisher Creek and tributaries to Fisher Creek. Testing
results were not obtained for every day of observed discharge. The specifics of each discharge are
described in the Sixty-Eight Causes of Action contained in this Complaint.
Prior Unlawful Discharge of Deleterious Wastewater at Morgan Hill Facility
16. On November 20, 1985, the California Regional Water Quality Control Board, San
Francisco Bay Region, (hereafter “RWQB”) issued Waste Discharge Requirements Order No. 85-
128 requiring Defendants to install a Class-II surface impoundment, also known as an
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San Jose, CA 95110
evaporation pond, by November 1, 1986, for their MORGAN HILL facility. The RWQB Order
No. 85-128 stated the following:
A. Prohibitions
1. The disposal, storage, or handling of wastes shall not create a condition
of pollution or nuisance as defined in Section 13050 (l) and (m),
respectively, of the California Water Code.
2. Wastes shall not be placed in any position where they can be carried
from and discharged into waters of the State or of the United States.
4. The discharge of wastewater containing Total Dissolved Solids in
excess of 500 mg/l to any location other than the evaporation ponds
described in the ROWD and supplemental submittals, is prohibited.
5. The discharger shall not cause the following conditions to exist in waters
of the State at any place outside the waste management units:
a. Surface waters
1. Floating, suspended, or deposited macroscopic particulate
matter or foam.
2. Bottom deposits or aquatic growths.
3. Alteration of temperature, turbidity, or apparent color beyond
present natural background levels.
4. Visible, floating, suspended, or deposited oil or other products
of petroleum origin.
5. Toxic or other deleterious substances to be present in
concentrations or quantities which may cause deleterious
effects on aquatic biota, wildlife or waterfowl, or which render
any of these unfit for human consumption either at levels
created in the receiving waters or as a result of biological
concentration.
RWQB Order No. 85-128 documents that Defendants, and each of them, were informed that all
discharges of waste, wastewater or other toxic or deleterious substances, to the waters of the state,
Fisher Creek and the tributaries to Fisher Creek, was prohibited. (All of the RWQB orders
referenced in this Complaint are publicly available.)
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17. On September 17, 1986, the RWQB granted Defendants’ request for an extension
of time to install the Class-II surface impoundment to September 1, 1988, for the following
reasons:
3. The discharger expected that the cost of the entire wastewater
project, as described in the Report of Waste Discharge (ROWD)
filed January 25, 1985 and supplemented by additional submittals of
April 4, 1985, May 16, 1985, and August 9, 1985, would be under
one million dollars. However, the bids they received for the two
evaporation ponds alone are over one million dollars. This expense,
when combined with engineering and other project costs, increases
the total project cost to over two million dollars, more than twice the
original cost estimate. An expenditure of that magnitude could
seriously jeopardize the financial stability and existence of the
company at this facility.
4. The discharger is requesting an extension of time from the
November 1, 1986 compliance deadline to September 1, 1988, for
the purpose of reevaluating the costs of alternative waste treatments
relative to the cost of the proposed evaporation ponds.
B. The following shall be added to Provision C.12 of Order No. 85-
128:
12. The discharger shall, by September 1, 1987, report to the Board
their decision either to operate or close the facility, based on an
assessment of the feasibility of an economic method of wastewater
treatment. This report shall, if necessary, include an amended
Report of Waste Discharge that clearly outlines their waste
management system, or provides for closure of the existing
facilities. (RWQB Order No. 86-89, Order to Amend Order No. 85-
128)
18. RWQB records document that Defendants did not install the Class-II surface
impoundment at the MORGAN HILL facility until 2001, sixteen years after the RWQB’s 1985
Order No. 85-128. During the sixteen years, Defendants remained in full production and
unlawfully discharged their wastewater into the unlined percolation pond. The Class-II surface
impoundment is the current process water holding pond, and the unlined percolation pond is the
current storm water holding pond at Defendants’ MORGAN HILL facility. This is the same
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storm water pond that Defendants discharged contaminated storm water from and into waters of
the state, the tributaries to Fisher Creek and Fisher Creek, in 2017.
19. On June 27, 2001, the RWQB issued Cleanup and Abatement Order No. 01-058 to
Defendants for violations at the MORGAN HILL facility. One violation was for collecting
wastewater and polluted or contaminated storm water runoff at the on-site unlined percolation
pond. The relevant paragraphs are below:
2. The discharger collects wastewater and polluted storm water
runoff from the facility and discharges it to an on-site percolation
pond. Board Order No. 85-128, Waste Discharge Requirements,
issued by the Board Executive Officer on November 20, 1985,
required that the discharger install a lined Class-II surface
impoundment for its wastewater. The discharger was prohibited to
use the percolation pond except for discharges of storm water and
certain wastewater having a pollutant load of no greater than 500
mg/l Total Dissolved Solids. To date, the discharger has not built the
Class-II surface impoundment and has been discharging wastewater
from the facility to the on-site percolation pond, in violation of
Order No. 85-128. Monitoring performed pursuant to Order No. 85-
128, reveals that the percolation pond has degraded groundwater.
Total Kjeldahl Nitrogen (TKN) measured at the up-gradient well is
<1.0 mg/l and down-gradient is measured to be 2.4 mg/l; Total
Dissolved Solids (TDS) is measured to be 500 mg/l (up-gradient)
and 1080 mg/l (down-gradient). Enforcement related to the
degradation of the groundwater may be considered by a separate
action.
3. This Board issued a Notice of Violation (NOV) letter dated April
8, 1997, citing the discharger for violating Board Order No. 85-128,
for discharging wastewater to the percolation pond mentioned
above. The NOV stated that Board Order No. 85-128 will remain in
effect until April 2, 2007, and that the groundwater below the
percolation pond had been degraded from the non-authorized
discharges. The NOV also stated that the non-authorized discharges
were to cease by June 30, 1998. At the time of a site inspection on
March 27, 2001, the non-authorized discharges to the percolation
pond continued. (RWQB Cleanup and Abatement Order No. 01-
058)
20. The June 27, 2001, RWQB Cleanup and Abatement Order No. 01-058 noted
another violation for the discharge of wastewater, which includes process water and other
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production waste, and polluted or contaminated storm water into the drainage channel or tributary
leading to Fisher Creek. The relevant paragraphs are below:
4. During a March 27, 2001, site inspection, Board staff observed
improper and inadequate wastewater management practices
consisting of unauthorized discharges of wastewater and polluted
stormwater from the facility. During that inspection, waste deposits
observed in a drainage channel leading to Fisher Creek were
attributed to previous discharges of wastewater to that channel, in
violation of Board Order No. 85-128. In response to the
observations, Board staff issued a Notice of Violation (NOV) on
April 19, 2001 for violations of Order No. 85-128. Pursuant to that
NOV, the discharger informed Board staff that discharges occurred
on four previous occasions, December 1, 2000, January 26, 2001,
February 24, 2001 and on March 24, 2001, with a total wastewater
volume discharged of 158,000 gallons.
7. Recent discharges to the Fisher Creek, as described in Finding 4
above, indicate that the facility's holding capacity for the wastewater
it generates is regularly exceeded. This Order imposes on the
discharger the requirement for prompt implementation of additional
liquid waste holding capacity.
8. Based on the above findings, the Board finds that the discharger
has caused or permitted materials to be discharged or deposited
where they can be and have been discharged into waters of the State,
and created and threatens to continue to create a condition of
pollution. The discharged materials have resulted in unnecessary and
avoidable adverse impacts, in violation of the Basin Plan, California
Water Code, and federal Clean Water Act. (RWQB Cleanup and
Abatement Order No. 01-058)
21. The drainage channel or tributary to Fisher Creek discussed in RWQB Cleanup and
Abatement Order No. 01-058, is the same tributary that Defendants repeatedly discharged
contaminated storm water and process water into in 2016. The tributary is located next to the
compost production area where the process water holding tanks are located.
22. Although not alleged as a cause of action because the conduct is outside the statute
of limitations, the information from the RWQB proceedings is included in this Complaint because
it demonstrates Defendants’ knowledge, absence of mistake, intent, and common plan or design,
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pursuant to Evidence Code section 1101(b). It is also relevant, material and required information
on the issues raised in the People’s request for injunctive relief, pursuant to Fish and Game Code
sections 1602 and 1615, subdivision (e)(1) and (2), 5650(a)(6) and 5650.1, subdivision (e) and (f),
and Business and Professions Code section 17203, and on the imposition of civil penalties
pursuant to Fish and Game Code sections 1602 and 1615, subdivision (a) and (b), 5650(a)(6) and
5650.1, subdivision (a),(b), and (i), and Business and Professions Code section 17206.
Contemporaneous Discharge of Deleterious Wastewater at Three Other Monterey
Mushrooms, Inc., California Facilities
23. During the investigation of the unlawful discharges at the MORGAN HILL facility,
Wardens also inspected Defendants’ mushroom production facilities located at 1) 777 Maher
Court, Royal Oaks, CA, 2) 415 Hall Road, Watsonville, CA, and 3) 4000 Huasna Road, Arroyo
Grande, CA. The following information is provided on information and belief. The Wardens
observed, recorded and documented by photographs, videos and testing results, the same types of
intentional discharges of deleterious process water and contaminated or polluted storm water into
waters of the state, as were observed and documented at the MORGAN HILL facility. This
includes, but is not limited to, the discharge of process water, production wastewater, and
contaminated or polluted storm water, from pipes or hoses, failing pumps, storm water holding
ponds, process water holding ponds, Baker tanks, and the discharge of leachate or runoff from
spent or used compost piles and production compost piles, all of which are deleterious and a
waste, directly into waters of the state.
24. At Defendants’ Maher Court facility, the deleterious wastewater, contaminated
storm water and process water, was discharged into tributaries to Bolsa Nueva Creek and directly
into Bolsa Nueva Creek. Bolsa Nueva Creek originates on the Maher Court facility and flows
into Carneros Creek, which then flows into Elkhorn Slough, all waters of the state.
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25. At Defendants’ Hall Road facility, the deleterious wastewater, contaminated
stormwater and process water, was discharged into a tributary to Carneros Creek, which then
flowed into Elkhorn Slough, all waters of the state.
26. At Defendants’ Huasna Road facility, the deleterious wastewater, contaminated
stormwater and process water, was discharged into a tributary to Tar Creek. At this facility
Defendants stored all process water, wastewater and storm water in an unlined pond until
Defendants removed the unlined pond in late 2017.
27. Although not alleged as a cause of action because the conduct and violations
occurred outside the People’s jurisdiction in this Complaint, the information and documentation
of identical business practices that result in the same violations of the California Fish and Game
Code, during the same time frame as the violations at Defendants’ MORGAN HILL facility, is
included in this Complaint because it demonstrates Defendants’ knowledge, absence of mistake,
intent, and common business plan or design, pursuant to Evidence Code section 1101(b). It is
also relevant, material and required information on the issues raised in the People’s request for
injunctive relief, pursuant to Fish and Game Code sections 1602 and 1615, subdivision (e)(1) and
(2), 5650(a)(6) and 5650.1, subdivision (e) and (f), and Business and Professions Code section
17203, and on the imposition of civil penalties pursuant to Fish and Game Code sections 1602
and 1615, subdivision (a) and (b), 5650(a)(6) and 5650.1, subdivision (a),(b), and (i), and
Business and Professions Code section 17206.
GENERAL ALLEGATIONS
28. Beginning on an unknown date, but for purposes of this Complaint no earlier than
January 6, 2012, and continuing to the present, Defendants at the MORGAN HILL facility, have
repeatedly discharged deleterious process water and deleterious contaminated storm water into
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waters of this state, or placed deleterious substances where it can pass into waters of this state,
specifically Fisher Creek and tributaries to Fisher Creek, a violation of Fish and Game Code
section 5650(a)(6), and placed solid and liquid waste where it may pass into any river, stream or
lake, specifically Fisher Creek and tributaries to Fisher Creek, without prior notification to the
California Department of Fish and Wildlife, a violation of Fish and Game Code section 1602, in
Morgan Hill, County of Santa Clara, State of California. Each discharge of deleterious
contaminated water into, or where it may pass into, waters of the state is a violation of both
California Fish and Game Code statutes.
29. Fisher Creek is an ephemeral tributary in the Coyote Creek Watershed that
connects to Coyote Creek during the winter months. Coyote Creek is an anadromous steelhead
trout waterway that flows through habitat known to be historically occupied by sensitive species
of amphibians, California Tiger Salamander and California Red Legged Frog, on its way to the
San Francisco Bay. Fisher Creek bisects Defendant MONTEREY MUSHROOMS’ MORGAN
HILL facility at the southern side of the facility. Mushroom growing production activities occur
on both sides of Fisher Creek.
30. Fisher Creek and tributaries to Fisher Creek are ‘waters of the state’ as defined in
Fish and Game Code section 89.1 and California Water Code section 13050(e).
31. A substance is deleterious when it is harmful, often in a subtle or unexpected way.
(Meriam Webster Dictionary, 2018). A deleterious substance would include any substance which
impairs the ability of any fish and other aquatic organisms, plant, animal or bird’s ability to
breathe, feed, rid its body of waste products, avoid being eaten or reproduce.
32. Ammonia at toxic levels is deleterious to aquatic life. Total ammonia is typically
reported as total ammonia nitrogen (TAN), which is analytically measured in water samples. As
of 2013, acute and chronic toxicity of TAN criteria for aquatic life has been set by the US
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Environmental Protection Agency (EPA) to be 17 mg/L for acute toxicity and 1.9 mg/L for
chronic toxicity. (EPA 2013) Acute criteria are intended to protect species from adverse effects
caused by an exposure just once or multiple times in a short period of time. Chronic criteria are
intended to protect species from adverse effects that build up over long-term exposure.
33. In warm water habitats, which include Fisher Creek, dissolved oxygen (DO) levels
below 5.0 mg/L are deleterious to aquatic life. (California Regional Water Quality Control Board)
34. Discharge of organic waste can include significant amounts of sediment.
Discharges of sediment to streams can have both acute and chronic impacts. The deleterious
nature of sediment discharges is not only a direct physical impact to fish and other aquatic life,
but it may also be a chronic impact due to the habitat degradation from the sediment filling pools
and interstitial spaces in downstream spawning habitat. Sediment concentrations are measured by
total suspended sediment (TSS). TSS levels below 25 mg/L have no affect on aquatic life,
however levels above 25 mg/L can be considered deleterious.
35. Process water at Defendants’ MORGAN HILL facility, during the Complaint
period, consists of and includes the following:
a. water used to hydrate mushrooms in growing rooms;
b. water used to clean growing rooms;
c. water used to clean growing racks;
d. water used to clean mushrooms after harvest;
e. water used to wash trucks and other large equipment;
f. water used in compost production;
g. leachate from compost production piles or ricks;
h. all associated waste water produced from the above processes.
It is recycled and reused in the compost production process and stored in the process water pond,
two holding tanks on the wharf and in the pipes between the process water pond and two holding
tanks.
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36. Contaminated storm water at Defendants’ MORGAN HILL facility contains rain
water that has come in contact with process water, used compost, production compost, and other
components used in compost production, such as used hay from horse stables containing horse
urine and feces, poultry manure, and other components. It can be stored in the storm water pond
and corresponding pipes or ditches and may also run freely through the MORGAN HILL facility.
37. Contaminated water contains process water and, or contaminated storm water.
38. Leachate is water that has percolated through a solid, such as compost, and leached
out some of the constituents.
39. The allegations in this Complaint relate to Defendants’ failure individually and
collectively, to comply with California Fish and Game Code sections 1602, 5650(a)(6), and
California Business and Professions Code section 17200 et seq. at the MORGAN HILL facility,
during the course and scope of the business practices of growing, harvesting, packaging and
transportation of mushrooms. All of the following allegations occurred at Defendants’ MORGAN
HILL facility.
40. The MORGAN HILL facility is located at the intersection of Hale Avenue and
Montgomery Avenue with the facility occupying all four quadrants. There are three tributaries to
Fisher Creek described in this Complaint, the first is near the compost processing area and
process water holding tanks in the southwest corner of the MORGAN HILL facility, the second
conveys water from the field along Hale Avenue in the northwest corner to Fisher Creek, and the
third tributary runs along Miramonte Avenue, where the spent compost piles are stored, in the
north and southeast quadrants. The People allege the following causes of action on information
and belief.
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FIRST CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
41. Plaintiff incorporates paragraphs 3 through 40 of this Complaint as though set forth
in their entirety.
42. On or about January 5, 2016, Wardens observed process water mixed with leachate
from the compost processing area, entering a stream, Fisher Creek; this is a discharge or disposal
of a waste directly into a stream, Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See attached photograph Exhibit 1.
43. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
44. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
SECOND CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
45. Plaintiff incorporates paragraphs 3 through 44 of this Complaint as though set forth
in their entirety.
46. On or about January 5, 2016, Wardens observed process water mixed with leachate
from the compost processing area, entering Fisher Creek; this is a discharge or deposit of a
deleterious substance directly into the waters of the state, Fisher Creek. See attached photograph
Exhibit 1.
47. Unless enjoined and restrained by order of this court, Defendants will continue to
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engage in the course of conduct as alleged.
48. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
THIRD CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
49. Plaintiff incorporates paragraphs 3 through 48 of this Complaint as though set forth
in their entirety.
50. On or about January 19, 2016, Wardens observed process water mixed with
leachate from the compost processing area, entering a stream, Fisher Creek; this is a discharge or
disposal of a waste directly into a stream, Fisher Creek, without prior written notification to the
California Department of Fish and Wildlife. See attached photographs Exhibit 2 and 3.
51. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
52. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
//
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FOURTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
53. Plaintiff incorporates paragraphs 3 through 52 of this Complaint as though set forth
in their entirety.
54. On or about January 19, 2016, Wardens observed process water mixed with
leachate from the compost processing area, entering Fisher Creek; this is a discharge or deposit of
a deleterious substance directly into the waters of the state, Fisher Creek. See attached
photographs Exhibit 2 and 3.
55. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
56. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FIFTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
57. Plaintiff incorporates paragraphs 3 through 56 of this Complaint as though set forth
in their entirety.
58. On or about January 27, 2016, Wardens observed contaminated storm water
leaching from used hay bales obtained from horse stables, flowing through an intentionally hand
dug ditch and directly into a stream, Fisher Creek; this is a discharge or disposal of a waste
directly into a stream, Fisher Creek, without prior written notification to the California
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Department of Fish and Wildlife. Photograph available.
59. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
60. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
SIXTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
61. Plaintiff incorporates paragraphs 3 through 60 of this Complaint as though set forth
in their entirety.
62. On or about January 27, 2016, Wardens observed waste water from the production
facility, specifically the basket cleaning area where Drytec Granular is used, discharging through
a pipe and directly into a stream, Fisher Creek; this is a discharge or disposal of a waste directly
into a stream, Fisher Creek, without prior written notification to the California Department of
Fish and Wildlife. See attached photograph Exhibit 4.
63. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
64. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
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San Jose, CA 95110
SEVENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
65. Plaintiff incorporates paragraphs 3 through 64 of this Complaint as though set forth
in their entirety.
66. On or about January 31, 2016, Wardens observed contaminated storm water
leaching from used hay bales obtained from horse stables, flowing through an intentionally hand
dug ditch and directly into a stream, Fisher Creek; this is a discharge or disposal of a waste
directly into a stream, Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See attached photograph Exhibit 5.
67. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
68. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
EIGHTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
69. Plaintiff incorporates paragraphs 3 through 68 of this Complaint as though set forth
in their entirety.
70. On or about January 31, 2016, Wardens observed contaminated storm water
leaching from spent or used compost piles and flowing into a tributary to Fisher Creek, which
then entered a stream, Fisher Creek; this is a discharge or disposal of a waste directly into a
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stream, the tributary to Fisher Creek and Fisher Creek, without prior written notification to the
California Department of Fish and Wildlife. See attached photograph Exhibit 6. Video available.
71. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
72. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
NINTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
73. Plaintiff incorporates paragraphs 3 through 72 of this Complaint as though set forth
in their entirety.
74. On or about January 31, 2016, Wardens observed contaminated storm water
leaching from spent or used compost piles and flowing into a tributary to Fisher Creek, and then
entering a stream, Fisher Creek; this is a discharge or deposit of a deleterious substance directly
into the waters of the state, the tributary to Fisher Creek and Fisher Creek. See attached
photograph Exhibit 6. Video available.
75. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
76. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
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District Attorney
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San Jose, CA 95110
TENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Substantial Change to Bed, Channel or Bank of Stream Without Notification to the
Department of Fish and Wildlife)
77. Plaintiff incorporates paragraphs 3 through 76 of this Complaint as though set forth
in their entirety.
78. On or about February 25, 2016, Wardens observed dug up dirt and disturbed soil in
the tributary to Fisher Creek, which causes silt and sediment runoff, near the process water
storage tanks. An employee of MONTEREY MUSHROOMS stated that other employees had
hacked up the soil to remove weeds; this is a substantial change to the bed, channel and bank of a
stream, the tributary to Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See attached photograph Exhibit 7.
79. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
80. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
ELEVENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Substantial Change to Bed, Channel or Bank of a Stream Without Notification to the
Department of Fish and Wildlife)
81. Plaintiff incorporates paragraphs 3 through 80 of this Complaint as though set forth
in their entirety.
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82. On or about February 25, 2016, Wardens observed the bank of a tributary to Fisher
Creek along Miramonte Avenue, at the spent compost area, flattened or levelled, which allows
sediment and contamination to easily enter the stream; this is a substantial change to the bed,
channel and bank of a stream, the tributary to Fisher Creek, without prior written notification to
the California Department of Fish and Wildlife. See attached photograph Exhibit 8.
83. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
84. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
TWELFTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Substantial Change to Bed, Channel or Bank of a Stream Without Notification to the
Department of Fish and Wildlife)
85. Plaintiff incorporates paragraphs 3 through 84 of this Complaint as though set forth
in their entirety.
86. On or about March 5, 2016, Wardens observed recently placed piles of dirt and
rock in a tributary to Fisher Creek near the process water storage tanks; this is a substantial
change to the bed, channel and bank of a stream, the tributary to Fisher Creek, without prior
written notification to the California Department of Fish and Wildlife. See attached photograph
Exhibit 9. Video available.
87. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
88. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
THIRTEENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
89. Plaintiff incorporates paragraphs 3 through 88 of this Complaint as though set forth
in their entirety.
90. On or about March 5, 2016, Wardens observed wastewater from the production
facility discharging through two pipes directly into a stream, Fisher Creek. An employee of
Defendant MONTEREY MUSHROOMS stated that the discharge from the white pipe was
wastewater from the truck weighing scale; this is two separate discharges or disposals of a waste
directly into a stream, Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See attached photograph Exhibit 10. Video available.
91. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
92. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
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San Jose, CA 95110
FOURTEENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
93. Plaintiff incorporates paragraphs 3 through 92 of this Complaint as though set forth
in their entirety.
94. On or about March 5, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or disposal of a waste directly into a stream, the
tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. Photograph available.
95. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
96. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FIFTEENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State.)
97. Plaintiff incorporates paragraphs 3 through 96 of this Complaint as though set forth
in their entirety.
98. On or about March 5, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or deposit of a deleterious substance directly into the
waters of the state, the tributary to Fisher Creek and Fisher Creek. Photograph available.
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
99. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
100. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
SIXTEENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
101. Plaintiff incorporates paragraphs 3 through 100 of this Complaint as though set
forth in their entirety.
102. On or about March 6, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or disposal of a waste directly into a stream, the
tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See attached photographs Exhibit 11 and 12. Video available.
Testing results: TSS 94.1 mg/L; DO 3.43 mg/L; TAN over acute level of 17 mg/L; TDS 11,400
mg/L.
103. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
104. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
SEVENTEENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
105. Plaintiff incorporates paragraphs 3 through 104 of this Complaint as though set
forth in their entirety.
106. On or about March 6, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or deposit of a deleterious substance directly into the
waters of the state, the tributary to Fisher Creek and Fisher Creek. See attached photographs
Exhibit 11 and 12. Video available. Testing results: TSS 94.1 mg/L; DO 3.43 mg/L; TAN over
acute level of 17 mg/L; TDS 11,400 mg/L.
107. Unless enjoined and restrained by order of this court, Defendants, will continue to
engage in the course of conduct as alleged.
108. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
EIGHTEENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
109. Plaintiff incorporates paragraphs 3 through 108 of this Complaint as though set
forth in their entirety.
110. On or about March 6, 2016, Wardens observed a discharge from an overflowing
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
process water pump and contaminated storm water from the surrounding area flowing into a
tributary to Fisher Creek near the process water storage tanks, that then flowed into Fisher Creek;
this is a discharge or disposal of a waste directly into a stream, the tributary to Fisher Creek and
Fisher Creek, without prior written notification to the California Department of Fish and Wildlife.
See attached photograph Exhibit 13 and 14. Video available. Testing results: TSS 178 mg/L; DO
0.65 mg/L; TAN over acute level of 17 mg/L; TDS 2,880 mg/L.
111. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
112. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
NINETEENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
113. Plaintiff incorporates paragraphs 3 through 112 of this Complaint as though set
forth in their entirety.
114. On or about March 6, 2016, Wardens observed a discharge from an overflowing
process water pump and contaminated storm water from surrounding area flowing into a tributary
to Fisher Creek near the process water storage tanks, that then flowed into Fisher Creek; this is a
discharge or deposit of a deleterious substance directly into the waters of the state, the tributary to
Fisher Creek and Fisher Creek. See attached photograph Exhibit 13 and 14. Video available.
Testing results: TSS 178 mg/L; DO 0.65 mg/L; TAN over acute level of 17 mg/L; TDS 2,880
mg/L.
115. Unless enjoined and restrained by order of this court, Defendants will continue to
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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San Jose, CA 95110
engage in the course of conduct as alleged.
116. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
TWENTIETH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
117. Plaintiff incorporates paragraphs 3 through 116 of this Complaint as though set
forth in their entirety.
118. On or about March 7, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or disposal of a waste directly into a stream, the
tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See attached photograph Exhibit 15. Video available.
119. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
120. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
TWENTY-FIRST CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
121. Plaintiff incorporates paragraphs 3 through 120 of this Complaint as though set
forth in their entirety.
122. On or about March 6, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or deposit of a deleterious substance directly into the
waters of the state, the tributary to Fisher Creek and Fisher Creek. See attached photograph
Exhibit 15. Video available.
123. Unless enjoined and restrained by order of this court, Defendants, will continue to
engage in the course of conduct as alleged.
124. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
TWENTY-SECOND CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
125. Plaintiff incorporates paragraphs 3 through 124 of this Complaint as though set
forth in their entirety.
126. On or about March 7, 2016, Wardens observed discharge from an overflowing
process water pump and contaminated storm water from surrounding area flowing into a tributary
to Fisher Creek near the process water storage tanks, that then flowed into Fisher Creek; this is a
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
discharge or disposal of a waste directly into a stream, the tributary to Fisher Creek and Fisher
Creek, without prior written notification to the California Department of Fish and Wildlife.
Photograph and video available.
127. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
128. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
TWENTY-THIRD CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
129. Plaintiff incorporates paragraphs 3 through 128 of this Complaint as though set
forth in their entirety.
130. On or about March 7, 2016, Wardens observed discharge from an overflowing
process water pump and contaminated storm water from surrounding area flowing into a tributary
to Fisher Creek near the process water storage tanks, that then flowed into Fisher Creek; this is a
discharge or deposit of a deleterious substance directly into the waters of the state, the tributary to
Fisher Creek and Fisher Creek. Photograph and video available.
131. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
132. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
TWENTY-FOURTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
133. Plaintiff incorporates paragraphs 3 through 132 of this Complaint as though set
forth in their entirety.
134. On or about March 7, 2016, Wardens observed discharge from a culvert
intentionally installed to direct process water and contaminated storm water from the compost
processing and storage tank area into a tributary to Fisher Creek near the process water storage
tanks, that then flowed into Fisher Creek; this is a discharge or disposal of a waste directly into a
stream, the tributary to Fisher Creek and Fisher Creek, without prior written notification to the
California Department of Fish and Wildlife. See attached photograph Exhibit 16. Video available.
135. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
136. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
TWENTY-FIFTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
137. Plaintiff incorporates paragraphs 3 through 136 of this Complaint as though set
forth in their entirety.
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
138. On or about March 7, 2016, Wardens observed discharge from a culvert
intentionally installed to direct process water and contaminated storm water from the compost
processing and storage tank area into a tributary to Fisher Creek near the process water storage
tanks, that then flowed into Fisher Creek; this is a discharge or deposit of a deleterious substance
directly into the waters of the state, the tributary to Fisher Creek and Fisher Creek. See attached
photograph Exhibit 16. Video available.
139. Unless enjoined and restrained by order of this court, Defendants, will continue to
engage in the course of conduct as alleged.
140. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
TWENTY-SIXTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
141. Plaintiff incorporates paragraphs 3 through 140 of this Complaint as though set
forth in their entirety.
142. On or about March 11, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or disposal of a waste directly into a stream, the
tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. Photograph available.
143. Unless enjoined and restrained by order of this Court, Defendants will continue to
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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County of Santa Clara
San Jose, CA 95110
engage in the course of conduct as alleged.
144. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
TWENTY-SEVENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
145. Plaintiff incorporates paragraphs 3 through 144 of this Complaint as though set
forth in their entirety.
146. On or about March 11, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or deposit of a deleterious substance directly into the
waters of the state, the tributary to Fisher Creek and Fisher Creek. Photograph available.
147. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
148. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
//
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
TWENTY-EIGHTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
149. Plaintiff incorporates paragraphs 3 through 148 of this Complaint as though set
forth in their entirety.
150. On or about March 13, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or disposal of a waste directly into a stream, the
tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. Photograph available.
151. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
152. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
TWENTY-NINTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
153. Plaintiff incorporates paragraphs 3 through 152 of this Complaint as though set
forth in their entirety.
154. On or about March 13, 2016, Wardens observed contaminated storm water leaching
from spent or used compost piles and flowing into a tributary to Fisher Creek, which then entered
a stream, Fisher Creek; this is a discharge or deposit of a deleterious substance directly into the
waters of the state, the tributary to Fisher Creek and Fisher Creek. Photograph available.
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
155. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
156. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
THIRTIETH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Substantial Change to Bed, Channel or Bank of a Stream Without Notification to the
Department of Fish and Wildlife)
157. Plaintiff incorporates paragraphs 3 through 156 of this Complaint as though set
forth in their entirety.
158. On or about September 9, 2016, Wardens observed that the vegetation in Fisher
Creek had been recently clear cut; this is a substantial change to the bed, channel and bank of a
stream, Fisher Creek, without prior written notification to the California Department of Fish and
Wildlife. Photograph available.
159. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
160. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
THIRTY-FIRST CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
161. Plaintiff incorporates paragraphs 3 through 160 of this Complaint as though set
forth in their entirety.
162. On or about October 16, 2016, Wardens observed the discharge of process water
from a leaking storage tank into a tributary to Fisher Creek located near the process water storage
tanks, that then flowed into a stream, Fisher Creek; this is a discharge or disposal of a waste
directly into a stream, the tributary to Fisher Creek and Fisher Creek, without prior written
notification to the California Department of Fish and Wildlife. See photograph attached as
Exhibit 17. Video available
163. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
164. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
THIRTY-SECOND CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
165. Plaintiff incorporates paragraphs 3 through 164 of this Complaint as though set
forth in their entirety.
166. On or about October 16, 2016, Wardens observed the discharge of process water
from a leaking storage tank flowing into a tributary to Fisher Creek near the process water storage
tanks, that then entered a stream, Fisher Creek; this is a discharge or deposit of a deleterious
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38
COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
substance directly into the waters of the state, the tributary to Fisher Creek and Fisher Creek. See
photograph attached as Exhibit 17. Video available.
167. Unless enjoined and restrained by order of this court, Defendants, will continue to
engage in the course of conduct as alleged.
168. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
THIRTY-THIRD CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Substantial Change to Bed, Channel or Bank of a Stream Without Notification to the
Department of Fish and Wildlife)
169. Plaintiff incorporates paragraphs 3 through 168 of this Complaint as though set
forth in their entirety.
170. On or about November 1, 2016, Wardens, observed hydroseeding, the spray
application of seeds, mulch and fertilizer, in the bed of Fisher Creek. Defendants were only
supposed to hydroseed the ground or the banks of a stream, and not in the bed of the stream
where water flows; this is a substantial change to the bed, channel and bank of a stream, Fisher
Creek, without prior written notification to the California Department of Fish and Wildlife. See
attached photograph Exhibit 18.
171. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
172. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
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39
COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
THIRTY-FOURTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Substantial Change to Bed, Channel or Bank of a Stream Without Notification to the
Department of Fish and Wildlife)
173. Plaintiff incorporates paragraphs 3 through 172 of this Complaint as though set
forth in their entirety.
174. On or about November 1, 2016, Wardens observed hydroseeding, the spray
application of seeds, mulch and fertilizer, in the bed of a tributary to Fisher Creek. Defendants
were supposed to only apply hydroseeding onto the ground or the banks of a stream, and not in
the bed of the stream where water flows; this is a substantial change to the bed, channel and bank
of a stream, the tributary to Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. Photograph available.
175. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
176. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
THIRTY-FIFTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
177. Plaintiff incorporates paragraphs 3 through 176 of this Complaint as though set
forth in their entirety.
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
178. On or about January 4, 2017, Wardens observed contaminated storm water from
where spent or used compost piles were historically stored flowing into a tributary to Fisher
Creek, which then entered a stream, Fisher Creek; this is a discharge or disposal of a waste
directly into a stream, the tributary to Fisher Creek and Fisher Creek, without prior written
notification to the California Department of Fish and Wildlife. See photographs attached as
Exhibit 19 and 20. Testing results: TSS 490 mg/L.
179. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
180. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
THIRTY-SIXTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
181. Plaintiff incorporates paragraphs 3 through 180 of this Complaint as though set
forth in their entirety.
182. On or about January 4, 2017, Wardens observed contaminated storm water leaching
from where spent or used compost piles were historically stored and flowing into a tributary to
Fisher Creek, which then entered a stream, Fisher Creek; this is a discharge or deposit of a
deleterious substance directly into the waters of the state, the tributary to Fisher Creek and Fisher
Creek. See photographs attached as Exhibit 19 and 20. Testing results: TSS 490 mg/L.
183. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
184. Plaintiff requests temporary, preliminary and permanent injunctive relief against
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
THIRTY-SEVENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
185. Plaintiff incorporates paragraphs 3 through 184 of this Complaint as though set
forth in their entirety.
186. On or about January 7, 2017, Wardens observed contaminated storm water from
where spent or used compost piles were historically stored flowing into a tributary to Fisher
Creek, which then entered a stream, Fisher Creek; this is a discharge or disposal of a waste
directly into a stream, the tributary to Fisher Creek and Fisher Creek, without prior written
notification to the California Department of Fish and Wildlife. See photographs attached as
Exhibit 21. Video available.
187. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
188. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
THIRTY-EIGHTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
189. Plaintiff incorporates paragraphs 3 through 188 of this Complaint as though set
forth in their entirety.
190. On or about January 7, 2017, Wardens observed contaminated storm water leaching
from where spent or used compost piles were historically stored and flowing into a tributary to
Fisher Creek, which then entered a stream, Fisher Creek; this is a discharge or deposit of a
deleterious substance directly into the waters of the state, the tributary to Fisher Creek and Fisher
Creek. See photographs attached as Exhibit 21. Video available.
191. Unless enjoined and restrained by order of this court, Defendants, will continue to
engage in the course of conduct as alleged.
192. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
THIRTY-NINTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
193. Plaintiff incorporates paragraphs 3 through 192 of this Complaint as though set
forth in their entirety.
194. On or about January 7, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of a stream, Fisher Creek; this is a discharge or disposal of a waste directly
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
into a stream, Fisher Creek, without prior written notification to the California Department of
Fish and Wildlife. See attached photograph as Exhibit 22. Video available. The storm water
pond was tested on January 4, 2017, TSS 70 mg/L; TAN 56 mg/L.
195. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
196. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FORTIETH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
197. Plaintiff incorporates paragraphs 3 through 196 of this Complaint as though set
forth in their entirety.
198. On or about January 7, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of Fisher Creek; this is a discharge or deposit of a deleterious substance
directly into the waters of the state, Fisher Creek. See attached photograph as Exhibit 22. Video
available. The storm water pond was tested on January 4, 2017, TSS 70 mg/L; TAN 56 mg/L.
199. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
200. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
201. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FORTY-FIRST CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
202. Plaintiff incorporates paragraphs 3 through 201 of this Complaint as though set
forth in their entirety.
203. On or about January 8, 2017, Wardens observed a voluminous discharge of either
process water or contaminated storm water from a hose attached to a flooded sump pump, into a
field that then discharged into Fisher Creek; this is a discharge or disposal of a waste directly into
a stream, Fisher Creek, without prior written notification to the California Department of Fish and
Wildlife. See photograph attached as Exhibit 23. Video available. Testing Results: TSS 84 mg/L;
TAN 13 mg/L.
204. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
205. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
FORTY-SECOND CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
206. Plaintiff incorporates paragraphs 3 through 205 of this Complaint as though set
forth in their entirety.
207. On or about January 8, 2017, Wardens observed a voluminous discharge of either
process water or contaminated storm water from a hose attached to a flooded sump pump, into a
field that then discharged into Fisher Creek; this is a discharge or deposit of a deleterious
substance directly into the waters of the state, Fisher Creek. See photograph attached as Exhibit
23. Video available. Testing Results: TSS 84 mg/L; TAN 13 mg/L.
208. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
209. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
210. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
//
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
FORTY-THIRD CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
211. Plaintiff incorporates paragraphs 3 through 210 of this Complaint as though set
forth in their entirety.
212. On or about January 8, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of a stream, Fisher Creek; this is a discharge or disposal of a waste directly
into a stream, Fisher Creek, without prior written notification to the California Department of
Fish and Wildlife. See photograph attached as Exhibit 24. Test Results: TSS 128 mg/L; TAN 8.7
mg/L.
213. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
214. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FORTY-FOURTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
215. Plaintiff incorporates paragraphs 3 through 214 of this Complaint as though set
forth in their entirety.
216. On or about January 8, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of Fisher Creek; this is a discharge or deposit of a deleterious substance
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
directly into the waters of the state, Fisher Creek. See photograph attached as Exhibit 24. Test
Results: TSS 128 mg/L; TAN 8.7 mg/L.
217. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
218. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
219. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FORTY-FIFTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
220. Plaintiff incorporates paragraphs 3 through 219 of this Complaint as though set
forth in their entirety.
221. On or about January 8, 2017, Wardens observed contaminated storm water from
where spent or used compost piles were historically stored flowing into a tributary to Fisher
Creek, which then entered a stream, Fisher Creek; this is a discharge or disposal of a waste
directly into a stream, the tributary to Fisher Creek and Fisher Creek, without prior written
notification to the California Department of Fish and Wildlife. Photograph available. Test
Results: TSS 172 mg/L.
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
222. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
223. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FORTY-SIXTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
224. Plaintiff incorporates paragraphs 3 through 223 of this Complaint as though set
forth in their entirety.
225. On or about January 8, 2017, Wardens observed contaminated storm water leaching
from where spent or used compost piles were historically stored and flowing into a tributary to
Fisher Creek, which then entered a stream, Fisher Creek; this is a discharge or deposit of a
deleterious substance directly into the waters of the state, the tributary to Fisher Creek and Fisher
Creek. Photograph available. Test Results: TSS 172 mg/L.
226. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
227. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of
violation.
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
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San Jose, CA 95110
FORTY-SEVENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
228. Plaintiff incorporates paragraphs 3 through 227 of this Complaint as though set
forth in their entirety.
229. On or about January 20, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of a stream, Fisher Creek; this is a discharge or disposal of a waste directly
into a stream, Fisher Creek, without prior written notification to the California Department of
Fish and Wildlife. Test Results: TSS 92 mg/L; TAN 90 mg/L; TDS 3,200 mg/L.
230. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
231. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FORTY-EIGHTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
232. Plaintiff incorporates paragraphs 3 through 231 of this Complaint as though set
forth in their entirety.
233. On or about January 20, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of Fisher Creek; this is a discharge or deposit of a deleterious substance
directly into the waters of the state, Fisher Creek. Test Results: TSS 92 mg/L; TAN 90 mg/L;
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50
COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
TDS 3,200 mg/L.
234. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
235. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
236. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FORTY-NINTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Deposit of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
237. Plaintiff incorporates paragraphs 3 through 236 of this Complaint as though set
forth in their entirety.
238. On or about February 7, 2017, Wardens observed an intentional discharge from a
blue pipe of either process water or contaminated storm water into the field along Hale Avenue.
The field was flooded with contaminated storm water or process water and the contaminated
water flowed through a culvert under Hale Avenue, and through tributaries to Fisher Creek and
then into Fisher Creek; this is a deposit of a waste where it may pass into a stream, the tributary to
Fisher Creek and Fisher Creek, without prior written notification to the California Department of
Fish and Wildlife. Defendant MONTEREY MUSHROOMS’ employee turned off the discharge
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
from the blue pipe when the Fish and Wildlife Warden was observed at the MORGAN HILL
facility. See attached photograph as Exhibit 25. Video available.
239. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
240. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FIFTIETH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Placement of Deleterious Substance Where it Can Pass into Waters of the State)
241. Plaintiff incorporates paragraphs 3 through 240 of this Complaint as though set
forth in their entirety.
242. On or about February 7, 2017, Wardens observed an intentional discharge from a
blue pipe of either process water or contaminated storm water into the field along Hale Avenue.
The field was flooded with contaminated storm water or process water and the contaminated
water flowed through a culvert under Hale Avenue., and through tributaries to Fisher Creek and
then into Fisher Creek; this is the placement of a deleterious substance where it can pass into the
waters of the state, the tributary to Fisher Creek and Fisher Creek. Defendant MONTEREY
MUSHROOMS’ employee turned off the discharge from the blue pipe when the Fish and
Wildlife Warden was observed at the MORGAN HILL facility. See attached photograph as
Exhibit 25. Video available.
243. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
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52
COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
storm water into Fisher Creek is 345,600 gallons.
244. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
245. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FIFTY-FIRST CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Deposit of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
246. Plaintiff incorporates paragraphs 3 through 245 of this Complaint as though set
forth in their entirety.
247. On or about February 8, 2017, Wardens observed the field along Hale Avenue
flooded with contaminated storm water or process water and the contaminated water flowed
through a culvert under Hale Avenue, and through tributaries to Fisher Creek and then into Fisher
Creek; this is a deposit of a waste where it may pass into a stream, the tributary to Fisher Creek
and Fisher Creek, without prior written notification to the California Department of Fish and
Wildlife. Photo and video available. Test Results: TAN 26 mg/L; TDS 1,000 mg/L.
248. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
249. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
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53
COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FIFTY-SECOND OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Placement of Deleterious Substance Where it Can Pass into Waters of the State)
250. Plaintiff incorporates paragraphs 3 through 249 of this Complaint as though set
forth in their entirety.
251. On or about February 8, 2017, Wardens observed the field along Hale Avenue
flooded with contaminated storm water or process water and the contaminated water flowed
through a culvert under Hale Avenue, and through tributaries to Fisher Creek and then into Fisher
Creek; this is the placement of a deleterious substance where it can pass into the waters of the
state, the tributary to Fisher Creek and Fisher Creek. Photo and video available. Test Results:
TAN 26 mg/L; TDS 1,000 mg/L.
252. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
253. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
254. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
//
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
FIFTY-THIRD CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Deposit of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
255. Plaintiff incorporates paragraphs 3 through 254 of this Complaint as though set
forth in their entirety.
256. On or about February 19, 2017, Wardens observed an intentional discharge of
either process water or contaminated storm water from a blue pipe into the field along Hale
Avenue. The field was flooded with contaminated storm water or process water and the
contaminated water flowed through a culvert under Hale Avenue, and through tributaries to
Fisher Creek and into Fisher Creek; this is a deposit of a waste where it may pass into a stream,
the tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See photographs attached as Exhibit 26 and 27. Video
available.
257. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
258. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FIFTY-FOURTH OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Placement of Deleterious Substance Where it Can Pass into Waters of the State)
259. Plaintiff incorporates paragraphs 3 through 258 of this Complaint as though set
forth in their entirety.
260. On or about February 19, 2017, Wardens observed an intentional discharge of
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55
COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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2
3
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
either process water or contaminated storm water from a blue pipe into the field along Hale
Avenue. The field was flooded with contaminated storm water or process water and the
contaminated water flowed through a culvert under Hale Avenue, and through tributaries to
Fisher Creek and into Fisher Creek; this is the placement of a deleterious substance where it can
pass into the waters of the state, the tributary to Fisher Creek and Fisher Creek. See photographs
attached as Exhibit 26 and 27. Video available.
261. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
262. Unless enjoined and restrained by order of this court, Defendants, will continue to
engage in the course of conduct as alleged.
263. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FIFTY-FIFTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
264. Plaintiff incorporates paragraphs 3 through 263 of this Complaint as though set
forth in their entirety.
265. On or about February 19, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
pipe set in the bank of a stream, Fisher Creek; this is a discharge or disposal of a waste directly
into a stream, Fisher Creek, without prior written notification to the California Department of
Fish and Wildlife. See photograph attached as Exhibit 28. Video available. The storm water pond
was tested on January 4, 2017, TSS 70 mg/L; TAN 56 mg/L, and again on April 14, 2017 TSS
112 mg/L; TAN 94 mg/L; TDS 3,300 mg/L. The storm water pond was not emptied between
these two dates, and therefore any discharge from the storm water pond between these dates is
contaminated and deleterious.
266. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
267. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FIFTY-SIXTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
268. Plaintiff incorporates paragraphs 3 through 267 of this Complaint as though set
forth in their entirety.
269. On or about February 19, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of Fisher Creek; this is a discharge or deposit of a deleterious substance
directly into the waters of the state, Fisher Creek. See photograph attached as Exhibit 28. Video
available. The storm water pond was tested on January 4, 2017, TSS 70 mg/L; TAN 56 mg/L,
and again on April 14, 2017 TSS 112 mg/L; TAN 94 mg/L; TDS 3,300 mg/L. The storm water
pond was not emptied between these two dates, and therefore any discharge from the storm water
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
pond between these dates is contaminated and deleterious.
270. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
271. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
272. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FIFTY-SEVENTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Dispose of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
273. Plaintiff incorporates paragraphs 3 through 272 of this Complaint as though set
forth in their entirety.
274. On or about February 20, 2017, Wardens observed a voluminous discharge of
contaminated storm water, which was stored in the storm water holding pond, from a four-inch
pipe set in the bank of a stream, Fisher Creek; this is a discharge or disposal of a waste directly
into a stream, Fisher Creek, without prior written notification to the California Department of
Fish and Wildlife. See photograph attached as Exhibit 29. Video available. The storm water pond
was tested on January 4, 2017, TSS 70 mg/L; TAN 56 mg/L, and again on April 14, 2017 TSS
112 mg/L; TAN 94 mg/L; TDS 3,300 mg/L. The storm water pond was not emptied between
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
these two dates, and therefore any discharge from the storm water pond between these dates is
contaminated and deleterious.
275. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
276. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
FIFTY-EIGHTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Deposit of a Deleterious Substance into Waters of the State)
277. Plaintiff incorporates paragraphs 3 through 276 of this Complaint as though set
forth in their entirety.
278. On or about February 20, 2017, Wardens observed a voluminous discharge of
contaminated storm water from a four-inch pipe, which was stored in the storm water holding
pond, set in the bank of Fisher Creek; this is a discharge or deposit of a deleterious substance
directly into the waters of the state, Fisher Creek. See photograph attached as Exhibit 29. Video
available. The storm water pond was tested on January 4, 2017, TSS 70 mg/L; TAN 56 mg/L,
and again on April 14, 2017 TSS 112 mg/L; TAN 94 mg/L; TDS 3,300 mg/L. The storm water
pond was not emptied between these two dates, and therefore any discharge from the storm water
pond between these dates is contaminated and deleterious.
279. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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25 Jeffrey F. Rosen
District Attorney
County of Santa Clara
San Jose, CA 95110
280. Unless enjoined and restrained by order of this court, Defendants, will continue to
engage in the course of conduct as alleged.
281. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
FIFTY-NINTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Deposit of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
282. Plaintiff incorporates paragraphs 3 through 281 of this Complaint as though set
forth in their entirety.
283. On or about February 20, 2017, Wardens observed an intentional discharge of
either process water or contaminated storm water from a blue pipe into the field along Hale
Avenue. The field was flooded with contaminated storm water or process water and the
contaminated water flowed through a culvert under Hale Avenue, and through tributaries to
Fisher Creek and into Fisher Creek; this is a deposit of a waste where it may pass into a stream,
the tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. See photographs attached as Exhibit 30. Video available.
284. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
285. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
County of Santa Clara
San Jose, CA 95110
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
SIXTIETH OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Placement of Deleterious Substance Where it Can Pass into Waters of the State)
286. Plaintiff incorporates paragraphs 3 through 285 of this Complaint as though set
forth in their entirety.
287. On or about February 20, 2017, Wardens observed an intentional discharge of
either process water or contaminated storm water from a blue pipe into the field along Hale
Avenue. The field was flooded with contaminated storm water or process water and the
contaminated water flowed through a culvert under Hale Avenue, and through tributaries to
Fisher Creek and into Fisher Creek; this is the placement of a deleterious substance where it can
pass into the waters of the state, the tributary to Fisher Creek and Fisher Creek. See photographs
attached as Exhibit 30. Video available.
288. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
289. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
290. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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San Jose, CA 95110
SIXTY-FIRST CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Deposit of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
291. Plaintiff incorporates paragraphs 3 through 290 of this Complaint as though set
forth in their entirety.
292. On or about February 21, 2017, Wardens observed an intentional discharge of
either process water or contaminated storm water from a blue pipe into the field along Hale
Avenue. The field was flooded with contaminated storm water or process water and the
contaminated water flowed through a culvert under Hale Avenue, and through tributaries to
Fisher Creek and into Fisher Creek; this is a deposit of a waste where it may pass into a stream,
the tributary to Fisher Creek and Fisher Creek, without prior written notification to the California
Department of Fish and Wildlife. Test Results: TSS 326 mg/L; TAN 8.9 mg/L; TDS 550 mg/L.
293. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
294. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
SIXTY-SECOND CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Placement of Deleterious Substance Where it Can Pass into Waters of the State)
295. Plaintiff incorporates paragraphs 3 through 294 of this Complaint as though set
forth in their entirety.
296. On or about February 21, 2017, Wardens observed an intentional discharge of
either process water or contaminated storm water from a blue pipe into the field along Hale
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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Avenue. The field was flooded with contaminated storm water or process water and the
contaminated water flowed through a culvert under Hale Avenue, and through tributaries to
Fisher Creek and into Fisher Creek; this is the placement of a deleterious substance where it can
pass into the waters of the state, the tributary to Fisher Creek and Fisher Creek. Test Results:
TSS 326 mg/L; TAN 8.9 mg/L; TDS 550 mg/L.
297. The People on information and belief allege a pipe size of at least four inches,
using a low-pressure pump will have an estimated flow rate of two hundred forty (240) gallons
per minute for a twenty-four-hour period; total estimated volume of discharged contaminated
storm water into Fisher Creek is 345,600 gallons.
298. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
299. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), (b) and (i) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
SIXTY-THIRD CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Deposit of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
300. Plaintiff incorporates paragraphs 3 through 299 of this Complaint as though set
forth in their entirety.
301. Since before 2012, but for purposes of this complaint, on or about, and on each day
between, January 6, 2012, and November 15, 2016, Defendants stored their spent compost in
large piles on the bare ground in the northeast field at the MORGAN HILL facility. This is
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San Jose, CA 95110
documented by Google earth images and direct observations from residents in the area. As
described in the Sixty-Two Causes of Action above, the leachate or runoff from spent compost,
also known as spent mushroom substrate, is deleterious; it is also a pollutant under the Clean
Water Act due to its high ammonia, phosphates, nitrate and nitrite levels, dissolved solids and
high turbidity. The continuous placement of the spent compost piles where the leachate or runoff
flows into the tributary to Fisher Creek, and then into Fisher Creek is a deposit of a waste where it
may pass into a stream, the tributary to Fisher Creek and Fisher Creek, without prior written
notification to the California Department of Fish and Wildlife. The California Department of Fish
and Wildlife defines the rain season in California as being between October 1 through April 30,
which is two hundred and twelve (212) days each year. For each day during the rain season that
the spent compost is placed where the leachate may pass into the tributary to Fisher Creek is a
separate violation. Therefore, there is a total of one thousand and nine (1,009) days of violation
between January 6, 2012, and November 15, 2016. See photograph attached as Exhibit 31.
302. As a result of the Tolling Agreement described in paragraph 5, the tolling period
from January 5, 2016, to the date this Complaint is filed, is not included in the statute of
limitation applicable to this Cause of Action.
303. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
304. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
//
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COMPLAINT FOR INJUNCTION, CIVIL PENALTIES, AND OTHER EQUITABLE RELIEF
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District Attorney
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San Jose, CA 95110
SIXTY-FOURTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Placement of Deleterious Substance Where it Can Pass into Waters of the State)
305. Plaintiff incorporates paragraphs 3 through 304 of this Complaint as though set
forth in their entirety.
306. Since before 2012, but for purposes of this complaint, on or about, and on each day
between, January 6, 2012, and November 15, 2016, Defendants stored their spent compost in
large piles on the bare ground in the northeast field at the MORGAN HILL facility. This is
documented by Google earth images and direct observations from residents in the area. As
described in the Sixty-Two Causes of Action above, the leachate or runoff from spent compost,
also known as spent mushroom substrate, is deleterious; it is also a pollutant under the Clean
Water Act due to its high ammonia, phosphates, nitrate and nitrite levels, dissolved solids and
high turbidity. The continuous placement of the spent compost piles where the leachate or runoff
flows into the tributary to Fisher Creek, and then into Fisher Creek is the placement of a
deleterious substance where it can pass into the waters of the state, the tributary to Fisher Creek
and Fisher Creek. The California Department of Fish and Wildlife defines the rain season in
California as being between October 1 through April 30, which is two hundred and twelve (212)
days each year. For each day during the rain season that the spent compost is placed where the
leachate may pass into the tributary to Fisher Creek is a separate violation. Therefore, there is a
total of one thousand and nine (1,009) days of violation between January 6, 2012, and November
15, 2016. See photograph attached as Exhibit 31.
307. As a result of the Tolling Agreement described in paragraph 5, the tolling period
from January 5, 2016, to the date this Complaint is filed, is not included in the statute of
limitation applicable to this Cause of Action.
308. Unless enjoined and restrained by order of this court, Defendants will continue to
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engage in the course of conduct as alleged.
309. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), and (b) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
SIXTY-FIFTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 1602/1615
(Deposit of a Waste Where it May Pass into a Stream Without Notification to the
Department of Fish and Wildlife)
310. Plaintiff incorporates paragraphs 3 through 309 of this Complaint as though set
forth in their entirety.
311. Since before 2012, but for purposes of this complaint, on or about, and on each day
between, October 1, 2015, and April 30, 2016, Defendants prepared their compost in the substrate
processing area in the southwest corner of the MORGAN HILL facility. On January 5, 2016, the
piles of compost, called ricks, were within fifty (50) feet of Fisher Creek, and the Wardens
observed leachate or runoff from the compost piles entering Fisher Creek through breaks in the
cement curb at the bridge. See photograph attached as Exhibit 32 and 33.
312. The compost is made from, among other things, used hay from horse stables, clean
hay, and poultry manure and is watered down daily with process water. Process water has the
same components as spent compost leachate but usually in much higher concentrations. (Test
results: January 4, 2017, TSS 214 mg/L; TAN 110 mg/L). The continuous placement of compost
piles where the leachate and process water, which is deleterious, may flow into Fisher Creek
during the rain season, is a deposit of a waste where it may pass into a stream, Fisher Creek,
without prior written notification to the California Department of Fish and Wildlife. The
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San Jose, CA 95110
California Department of Fish and Wildlife defines the rain season in California as being between
October 1 through April 30, which is two hundred and twelve (212) days each year. For each day
during the rain season between October 1, 2015, and April 30, 2016, that the compost is placed
where the leachate and process water may pass into Fisher Creek is a separate violation.
Therefore, there is a total of two hundred and twelve (212) days of violation.
313. As a result of the Tolling Agreement described in paragraph 5, the tolling period
from January 5, 2016, to the date this Complaint is filed, is not included in the statute of
limitation applicable to this Cause of Action.
314. Unless enjoined and restrained by order of this Court, Defendants will continue to
engage in the course of conduct as alleged.
315. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 1602 and 1615, subdivision
(e)(1) and (2), and civil penalties under Fish and Game Code sections 1602 and 1615, subdivision
(a) and (b), as set forth in Plaintiff’s prayer for relief, for each day of violation.
SIXTY-SIXTH CAUSE OF ACTION
VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1
(Placement of Deleterious Substance Where it Can Pass into Waters of the State)
316. Plaintiff incorporates paragraphs 3 through 315 of this Complaint as though set
forth in their entirety.
317. Since before 2012, but for purposes of this complaint, on or about, and on each day
between, October 1, 2015, and April 30, 2016, Defendants prepared their compost in the substrate
processing area in the southwest corner of the MORGAN HILL facility. On January 5, 2016, the
piles of compost, called ricks, were within fifty (50) feet of Fisher Creek, and the Wardens
observed leachate or runoff from the compost piles entering Fisher Creek through breaks in the
cement curb at the bridge. See photograph attached as Exhibit 32 and 33.
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San Jose, CA 95110
318. The compost is made from, among other things, used hay from horse stables, clean
hay, and poultry manure and is watered down daily with process water. Process water has the
same components as spent compost leachate but usually in much higher concentrations. (Test
results: January 4, 2017, TSS 214 mg/L; TAN 110 mg/L). The continuous placement of compost
piles where the leachate and process water, which is deleterious, may flow into Fisher Creek
during the rain season, is the placement of a deleterious substance where it can pass into the
waters of the state, Fisher Creek. The California Department of Fish and Wildlife defines the rain
season in California as being between October 1 through April 30, which is two hundred and
twelve (212) days each year. For each day during the rain season between October 1, 2015, and
April 30, 2016, that the compost is placed where the leachate and process water may pass into
Fisher Creek is a separate violation. Therefore, there is a total of two hundred and twelve (212)
days of violation.
319. As a result of the Tolling Agreement described in paragraph 5, the tolling period
from January 5, 2016, to the date this Complaint is filed, is not included in the statute of
limitation applicable to this Cause of Action.
320. Unless enjoined and restrained by order of this court, Defendants will continue to
engage in the course of conduct as alleged.
321. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Fish and Game Code sections 5650(a)(6) and 5650.1,
subdivision (e) and (f), and civil penalties under Fish and Game Code sections 5650(a)(6) and
5650.1, subdivision (a), and (b) as set forth in Plaintiff’s prayer for relief, for each day of
violation.
//
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District Attorney
County of Santa Clara
San Jose, CA 95110
SIXTY-SEVENTH CAUSE OF ACTION
BUSINESS AND PROFESSIONS CODE SECTION 17200 et seq.
(Violation of Unfair Competition Laws)
322. Plaintiff incorporates paragraphs 3 through 321 of this Complaint as though set
forth in their entirety.
323. On or about, and on each day between January 6, 2012 to the present, Defendants,
and each of them, have engaged in, and continue to engage in, unlawful acts, omissions, and
practices that constitute unfair competition within the meaning of Business and Professions Code
sections 17200 through 17208, including but not limited to, the acts and omissions and practices
alleged in paragraphs 3 through 322, inclusive, and in the First through Sixty-Sixth Causes of
Action, above, and incorporated herein by reference, and unless enjoined by order of the Court,
Defendants, and each of them, may or will continue in the course of conduct as alleged herein.
324. The acts of unfair competition as alleged herein, occurred during and as a
consequence of Defendants’ business acts and practices of growing, processing, and shipping
mushrooms, and each violation of the California Fish and Game Code are unlawful acts and/or
unfair business practices. Any unlawful business act or practice, which includes violations of the
California Fish and Game Code, is unfair competition and is a separate and distinct violation of
California Business and Professions Code Section 17200 et seq.
325. As a result of the Tolling Agreement described in paragraph 5, the tolling period
from January 5, 2016, to the date this Complaint is filed, is not included in the applicable statute
of limitation applicable to this Cause of Action.
326. Plaintiff requests temporary, preliminary and permanent injunctive relief against
Defendants, and each of them, under Business and Professions Code section 17203 and any
orders the Court deems necessary to prevent unfair competition, including appointment of a
receiver and civil penalties pursuant to Section 17206, as set forth in Plaintiff’s prayer for relief,
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San Jose, CA 95110
for each and every separate act of unfair competition as alleged herein.
SIXTY-EIGHTH CAUSE OF ACTION
DAMAGES - FISH AND GAME CODE SECTION 12016
327. Plaintiff incorporates paragraphs 3 through 326 of this Complaint as though set
forth in their entirety.
328. Defendants, and each of them, intentionally discharged large volumes of
deleterious contaminated storm water and process water at the MORGAN HILL facility. Fish
and Game Code section 12016 specifies an additional civil liability for all actual damages to fish,
plant, bird, or animal life or, their habitat. California Department of Fish and Wildlife
Environmental Scientists have prepared a report titled, ‘Natural Resource Damage Assessment:
Monterey Mushrooms Waste Discharges, Monterey and Santa Clara Counties’ which estimates
the damage to the natural resources at Fisher Creek. The People on information and belief allege
the environmental damage to Fisher Creek and Coyote Creek as $335,068.00.
PRAYER FOR RELIEF
WHEREFORE, the People request the following relief as to each defendant:
1. Temporary, preliminary and permanent injunctive relief against Defendants, and
each of them, under Fish and Game Code sections 5650(a)(6), 5650.1, subdivision (e) and (f),
1602 and 1615, subdivision (e)(1) and (2), prohibiting any and all discharges, releases, leaks, or
runoff of deleterious process water, contaminated storm water or any other contaminant from the
production and distribution of mushrooms at the MORGAN HILL facility, from entering Fisher
Creek or any tributary to Fisher Creek, this includes the discharge of contaminated water onto or
into, any field, dirt, cement, or asphalt that allows contaminated water to flow into Fisher Creek;
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2. Temporary, preliminary and permanent injunctive relief against Defendants, and
each of them, under Fish and Game Code sections 5650(a)(6), 5650.1, subdivision (e) and (f),
1602 and 1615, subdivision (e)(1) and (2), prohibiting Defendants, and each of them, from any
discharge of process water or contaminated storm water without first notifying the People twenty-
four hours in advance of any discharge, release, or dumping of process water or contaminated
storm water at the MORGAN HILL facility that will enter Fisher Creek or any tributary to Fisher
Creek, and conducting all required testing pursuant to the California Regional Water Quality
Control Board, San Francisco Bay Regions, Waste Discharge Requirements (WDR) for the
MORGAN HILL facility, and providing the results of the testing to the People within forty-eight
hours of the discharge;
3. Temporary, preliminary and permanent injunctive relief against Defendants, and
each of them, under Fish and Game Code sections 5650(a)(6), 5650.1, subdivision (e) and (f),
1602 and 1615, subdivision (e)(1) and (2), prohibiting the continued operation of the MORGAN
HILL facility without the full and permanent containment and lawful disposal of all process
water, contaminated storm water and storm water generated, used or stored at Defendants’
MORGAN HILL facility;
4. A permanent injunction, issued pursuant to Business and Professions Code sections
17203 and 17204, prohibiting Defendants, and each of them, including MONTEREY
MUSHROOMS’ officers, directors, employees, agents, successors, assignees and representatives,
and all natural persons, partnerships, corporations, subsidiaries or other entities acting for, under,
by, through or on behalf of Defendant MONTEREY MUSHROOMS, from engaging in activity
that violates the provisions of California Fish and Game Code sections 1602 and 5650, including,
but not limited to, the unlawful business acts alleged in the Sixty-Seven Causes of Action in this
Complaint, which thereby constitute unfair competition within the meaning of Business and
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Professions Code section 17200;
5. Civil penalties of Twenty-Five Thousand Dollars ($25,000.00) against Defendants,
and each of them, for each and every violation of California Fish and Game Code sections
1602/1615, according to proof, in an amount not less than Twenty-Six Million One Hundred
Seventy-Five Thousand Dollars ($26,175,000.00);
6. Civil penalties of Twenty-Five Thousand Dollars ($25,000.00) against Defendants,
and each of them, for each and every violation of California Fish and Game Code sections
5650/5650.1(a) and (b), according to proof, in an amount not less than Twenty-Five Million Nine
Hundred Thousand Dollars ($25,900,000.00);
7. Civil penalties of Ten Dollars ($10.00) against Defendants, and each of them, for
each and every gallon of deleterious waste discharged to the waters of the state, pursuant to
California Fish and Game Code sections 5650/5650.1(i), according to proof, in an amount not less
than Thirty-Four Million Five Hundred Sixty Thousand Dollars ($34,560,000.00);
8. Civil penalties of Two Thousand Five Hundred Dollars ($2,500.00) against
Defendants, and each of them, for each and every violation of Business and Professions Code
section 17200, according to proof, as alleged in the Sixty-Seven Causes of Action in this
Complaint, a civil penalty of no less than Six Million Two Hundred Sixty-Two Thousand Five
Hundred Dollars ($6,262,500.00);
9. Damages against Defendants, and each of them, pursuant to California Fish and
Game Code section 12016, according to proof, of no less than Three Hundred Thirty-Five
Thousand Sixty-Eight Dollars ($335,068.00);
10. Defendants, and each of them, make full cy pres restitution to all victims of
Defendants’ acts of unfair competition.
11. Recovery of all costs of suit, including investigation, discovery and prosecution.
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1 12. Such other and further relief as the nature of the case may' require and the Court
2 deems appropriate to dissipate the effect of the unlawful acts complained of herein.
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25 Jeffrey F. Rosen
District Attorney County of Santa Clara San Jose, CA 95 110
Dated: JEFFREY F. ROSEN I I District Attorney, County of Santa Clara
By:
Denise J . Raabe
Deputy District Attorney
SEE CODE OF CIVIL PROCEDURE SECTION 446 REGARDING VERIFICATION OF THE ANSWER.
72 COMPLAINT FOR INJUNCTION, CIVIL PENAL TIES, AND OTHER EQUITABLE RELI EF
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EXHIBIT 1
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Exhibit 1: 1/5/16 – Process water and compost leachate entering Fisher Creek at compost processing area.
Fisher Creek
Compost Pile
Leachate
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EXHIBIT 2
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Exhibit 2: 1/19/16 – Process water and compost leachate entering Fisher Creek at compost processing area.
Compost Pile
Compost Leachate
Fisher Creek
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EXHIBIT 3
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Exhibit 3: 1/19/16 – Process water and compost leachate entering Fisher Creek at compost processing area.
Compost Leachate
Compost Leachate
Compost Leachate Fisher Creek
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EXHIBIT 4
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Exhibit 4: 1/27/16 – Production waste discharge from basket cleaning area into Fisher Creek.
Fisher Creek Culvert-Production waste
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EXHIBIT 5
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Exhibit 5: 1/31/16 – Hand dug ditch discharging waste from used hay bales into Fisher Creek.
Used Hay Bales
Hand Dug Ditch
Waste
Hand Dug Ditch
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EXHIBIT 6
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Exhibit 6: 1/31/16 – Tributary to Fisher Creek containing leachate from spent compost piles entering Fisher Creek.
Tributary entering Fisher Creek
Fisher Creek
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EXHIBIT 7
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Exhibit 7: 2/25/16 – Disturbed soil in tributary to Fisher Creek near process water storage tanks.
Fisher Creek
Tributary
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EXHIBIT 8
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Exhibit 8: 2/25/16 – Bank of tributary to Fisher Creek along Miramonte Avenue flattened or levelled.
Levelled Bank
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EXHIBIT 9
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Exhibit 9: 3/3/16 – Dirt and rock piles in tributary to Fisher Creek near process water storage tanks.
Dirt & Rocks
Tributary
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EXHIBIT 10
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Exhibit 10: 3/5/16 – Discharge of production waste into Fisher Creek.
Fisher Creek
Production Waste
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EXHIBIT 11
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Exhibit 11: 3/6/16 – Leachate from spent compost piles flowing across field and entering tributary to Fisher Creek along Miramonte Avenue.
Leachate
Tributary
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EXHIBIT 12
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Exhibit 12: 3/6/16 – Tributary to Fisher Creek along Miramonte Avenue with leachate from spent compost entering Fisher Creek.
Tributary
Leachate
Fisher Creek
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EXHIBIT 13
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Exhibit 13: 3/6/16 – Overflowing process water pump discharging into tributary to Fisher Creek near process water tanks.
Process water from pump
Flow to Tributary
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EXHIBIT 14
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Exhibit 14: 3/6/16 – Process water and contaminated storm water flowing in tributary to Fisher Creek near process water storage tanks. Fisher Creek upper right corner.
Contaminated water
Fisher Creek
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EXHIBIT 15
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Exhibit 15: 3/7/16 – Leachate from spent compost piles flowing through field and entering tributary to Fisher Creek.
Spent Compost Piles
Leachate
Tributary
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EXHIBIT 16
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Exhibit 16: 3/7/16 – Culvert discharging process water and contaminated storm water into tributary to Fisher Creek near process water storage tanks.
Culvert
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EXHIBIT 17
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Exhibit 17: 10/16/16 – Process water storage tank leaking; discharging process water into tributary to Fisher Creek.
Leak
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EXHIBIT 18
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Exhibit 18: 11/1/16 – Hydroseeding (green) in bed of Fisher Creek.
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EXHIBIT 19
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Exhibit 19: 1/4/17 – Contaminated storm water where spent or used compost piles were historically stored.
Contaminated Water
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EXHIBIT 20
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Exhibit 20: 1/4/17 – Contaminated storm water from where spent or used compost piles were historically stored flowing into tributary to Fisher Creek.
Tributary
![Page 113: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/113.jpg)
EXHIBIT 21
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Exhibit 21: 1/7/17 – Contaminated storm water from where spent or used compost piles historically were stored entering Fisher Creek. Dark brown is contaminated storm water.
Fisher Creek
Contaminated Water Tributary
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EXHIBIT 22
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Exhibit 22: 1/7/17 – Four-inch pipe from storm water pond discharging contaminated storm water into Fisher Creek.
Fisher Creek
Pipe
![Page 117: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/117.jpg)
EXHIBIT 23
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Exhibit 23: 1/8/17 – Discharge of either process water or contaminated storm water into field next to Fisher Creek; contaminated water entered Fisher Creek.
Discharge
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EXHIBIT 24
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Exhibit 24: 1/8/17 – Four-inch pipe from storm water pond discharging contaminated storm water into Fisher Creek.
Fisher Creek
Pipe
![Page 121: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/121.jpg)
EXHIBIT 25
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Exhibit 25: 2/7/17 – Discharge of either process water or contaminated storm water into the field along Hale Avenue. Contaminated storm water flows through culvert, into tributaries to Fisher Creek, and then into Fisher Creek.
Discharge
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EXHIBIT 26
![Page 124: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/124.jpg)
Exhibit 26: 2/19/17 – Discharge of either process water or contaminated storm water into the field along Hale Avenue. Contaminated storm water flows through culvert, into tributaries to Fisher Creek, and then into Fisher Creek.
Discharge
![Page 125: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/125.jpg)
EXHIBIT 27
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Exhibit 27: 2/19/17 – Close up of discharge from blue pipe.
![Page 127: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/127.jpg)
EXHIBIT 28
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Exhibit 28: 2/19/17 – Four-inch pipe from storm water pond discharging contaminated storm water into Fisher Creek.
Fisher Creek
Pipe
![Page 129: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/129.jpg)
EXHIBIT 29
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Exhibit 29: 2/20/17 – Four-inch pipe from storm water pond discharging contaminated storm water into Fisher Creek.
Pipe
Fisher Creek
![Page 131: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/131.jpg)
EXHIBIT 30
![Page 132: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/132.jpg)
Exhibit 30: 2/20/17 – Discharge of either process water or contaminated storm water into the field along Hale Avenue. Contaminated storm water flows through culvert, into tributaries to Fisher Creek, and then into Fisher Creek.
Discharge
![Page 133: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/133.jpg)
EXHIBIT 31
![Page 134: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/134.jpg)
Exhibit 31: 1/27/16 – Spent compost piles at top of photograph, tributary to Fisher Creek in the middle. Culvert heads to Fisher Creek.
Tributary
Culvert
Compost Piles
![Page 135: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/135.jpg)
EXHIBIT 32
![Page 136: 18CV339948 - The Mercury News · 12/21/2018 · Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters](https://reader033.fdocuments.in/reader033/viewer/2022060410/5f105a117e708231d448aee5/html5/thumbnails/136.jpg)
Exhibit 32: 1/5/16 – Piles of compost at the compost processing area. Leachate and process water enter Fisher Creek which is on the left.
Compost Piles
Fisher Creek
Leachate/Process Water
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EXHIBIT 33
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Exhibit 33: 1/19/16 – Close up of leachate/process water at compost processing area.
Leachate/Process Water