This case was last updated from Santa Clara County Superior Courts on 05/05/2020 at 18:12:23 (UTC).

People v. Monterey Mushrooms, Inc., et al.

Case Summary

On 12/21/2018 People filed an Other - Environment lawsuit against Monterey Mushrooms, Inc . This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. The Judge overseeing this case is Kuhnle, Thomas. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ******9948

  • Filing Date:

    12/21/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Environment

  • Court:

    Santa Clara County Superior Courts

  • Courthouse:

    Downtown Superior Court

  • County, State:

    Santa Clara, California

Judge Details

Judge

Kuhnle, Thomas

 

Party Details

Plaintiff

The People of the State of California

Defendants

Kazemi, Shah

Monterey Mushrooms, Inc., a California Corporation

Not Classified By Court

Superior Court of California

Attorney/Law Firm Details

Plaintiff Attorneys

Raabe, Denise Joan

Griswold, Melanie E.

Defendant Attorneys

McCarron, John Clifton

Oliver, Derric Gregry

Sweigert, David Charles

Kreeft, Andrew Blake

Not Classified By Court Attorney

Superior Court of CA, County of Santa Clara

 

Court Documents

Stipulation

Stipulation for Preliminary Injunction: Comment: Stipulation for Preliminary Injunction

Proof of Service: Mail

Proof of Service Mail: Comment: HRG: 02/07/2019 - Notice of Rescheduled Case Management Conference

Notice

Notice of Appearance of Counsel: Comment: Notice of Appearance of Counsel

Notice

Notice CMC reset from 4-26-19 to 5-24-19: Comment: CMC reset from 4/26/19 to 5/24/19

Order: Deeming Case Complex

Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/TEK

Complaint (Unlimited) (Fee Applies)

Complaint (Unlimited) (Fee Applies):

Civil Lawsuit Notice

Civil Lawsuit Notice: Comment: 1st CMC set for 4/26/19 at 10am in D5; assigned to Hon. Thomas E. Kuhnle

Summons: Issued/Filed

Summons Issued Filed:

Civil Case Cover Sheet

Civil Case Cover Sheet:

Minute Order

Minutes Non-Criminal:

Notice

Notice CMC 10-11-19 at 10am in D5: Comment: CMC set for 10/11/19 at 10am in D5

Proof of Service

Proof of Service: Comment: HRG: 05/24/2019 Proof of Service - Joint CMC Statement

Proof of Service

Proof of Service: Comment: HRG: 05/24/2019 Proof of Service

Notice

Notice of Change of Counsel: Comment: HRG: 05/24/2019 Notice of Change of Counsel

Statement: Case Management Conference

Joint CMC Statement: Comment: HRG: 05/24/2019 Joint Complex Case Management Conference Statement

Substitution: Attorney

Substitution of Attorney (Monterey Mushrooms): Comment: Substitution of Attorney (Monterey Mushrooms)

Substitution: Attorney

Substitution of Attorney (Shah Kazemi): Comment: Substitution of Attorney (Shah Kazemi)

Order

Preliminary Injunction pursuant to Stipulation: Comment: Preliminary Injunction pursuant to Stipulation - signed/TEK

15 More Documents Available

 

Docket Entries

  • 12/19/2019
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  • DocketOrder - Order re Errata: Comment: Order re Errata to Stipulation for Entry of Final Judgment and Injunction - signed/TEK

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  • 12/16/2019
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  • DocketStipulation - Stipulation for Entry of Final Judgment and Injunction and Order: Comment: Stipulation for Entry of Final Judgment and Injunction and Order - signed/TEK

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  • 12/13/2019
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  • DocketConference: Case Management - Joint CMC Statement HRG 12-13-19: Minutes Non-Criminal: Stipulation for Entry of Final Judgment and Injunction and Order: Judicial Officer: Kuhnle, Thomas; Hearing Time: 10:00 AM; Result: Held; Comment: (2nd CMC) Discovery and responsive pleading deadline stayed, as of 1/2/19, when the case was deemed complex. Preliminary Injunction pursuant to Stipulation entered 2/6/19. Discovery will be deemed open on 7/10/19; stay on formal discovery extended to 12/16/19. Responsive pleadings due by 7/10/19; extended to 9/9/19, by stipulation & order entered 7/22/19; extended to 10/9/19, by stipulation & order entered 9/6/19; extended to 11/8/19, by stipulation & order entered 10/4/19; extended to 12/16/19, by stipulation & order entered 11/6/19.

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  • 12/13/2019
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  • DocketMinute Order - Minutes Non-Criminal:

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  • 12/09/2019
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  • DocketStatement: Case Management Conference - Joint CMC Statement HRG 12-13-19: Comment: 12/13/19 Joint CMC

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  • 11/06/2019
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  • DocketStipulation and Order - Stipulation and Order Extending Time to Respond and Stay of Discovery: Comment: to Extend Time to Respond to Coomplaint and Extend Stay of Discovery - signed/TEK

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  • 11/05/2019
  • DocketStipulation and Order - Comment: Stipulation and Order

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  • 10/04/2019
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  • DocketNotice - Notice CMC reset from 10-11-19 to 12-13-19: Comment: CMC reset from 10/11/19 to 12/13/19

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  • 10/04/2019
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  • DocketStipulation and Order - Stipulation and Order Order to Extend Time to Response to Complaint and Stay of Discovery CMC reset: Comment: Order to Extend Time to Response to Complaint and Stay of Discovery; CMC reset from 10/11/19 to 12/13/19 - signed/TEK

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  • 09/06/2019
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  • DocketStipulation and Order - Stipulation and Order to Extend Time to Respond to Complaint and Stay of Discovery: Comment: to Extend Time to Respond to Complaint and Stay of Discovery - signed/TEK

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13 More Docket Entries
  • 01/15/2019
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  • DocketProof of Service: Mail - Proof of Service Mail: Comment: HRG: 02/07/2019 - Notice of Rescheduled Case Management Conference

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  • 01/14/2019
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  • DocketNotice - Notice of Appearance of Counsel: Comment: Notice of Appearance of Counsel

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  • 01/10/2019
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  • DocketNotice - Notice CMC reset from 4-26-19 to 5-24-19: Comment: CMC reset from 4/26/19 to 5/24/19

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  • 01/07/2019
  • DocketProof of Service: Summons DLR (Civil) - Comment: HRG 04/26/19 Proof of Service of Summons

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  • 01/07/2019
  • DocketProof of Service: Summons DLR (Civil) - Comment: HRG 04/26/19 Proof of Service of Summons

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  • 01/02/2019
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  • DocketOrder: Deeming Case Complex - Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/TEK

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  • 12/21/2018
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  • DocketComplaint (Unlimited) (Fee Applies) - Complaint (Unlimited) (Fee Applies):

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  • 12/21/2018
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  • DocketCivil Lawsuit Notice - Civil Lawsuit Notice: Comment: 1st CMC set for 4/26/19 at 10am in D5; assigned to Hon. Thomas E. Kuhnle

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  • 12/21/2018
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  • DocketSummons: Issued/Filed - Summons Issued Filed:

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  • 12/21/2018
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  • DocketCivil Case Cover Sheet - Civil Case Cover Sheet:

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Complaint Information

JEFFREY F. ROSEN (SBN 163589) District Attorney, County of Santa Clara

DENISE RAABE (SBN 171949)

Deputy District Attorncy

Environmental Protection Unit

70 West Hedding Street

San Jose, California 95110

Telephone: (408) 792-2549

Facsimile: (408) 279-8742

DRaabe@dao.sccgov.org

Attorneys for Plaintiff

E-FILED

12/21/2018 6:32 PM Clerk of Court Superior Court of CA, County of Santa Clara

180V339948

|eW : R. Walker

Exempt rom ees ursuant to Government Code §6103

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.

Ne- 18CV339948

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

PLAINTIFE’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 A ttorney 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. 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.

DEFENDANTS

0. Defendant MONTEREY MUSHROOMS, Inc., is a California corporation with a current address for its principal place of business and headquarters at 260 W estgate 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. A ccording 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 D efendant Monterey Mushrooms, Inc. in 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. Atall 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 Complaintcorporate 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 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 A pril 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 A ction contained in this Complaint.

Prior Unlawful Discharge of Deleterious W astewater at Morgan Hill Facility

16. On November 20, 1985, the California Regional Water Quality Control Board, San

Francisco Bay Region, (hereafter “RWQB”) issued W aste Discharge Requirements Order No. 85- 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 (1) 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/1 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 17. On September 17, 1986, the RWQB granted Defendants’ request for an extension of time to install the Class-1II 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. RW QB records document that D efendants 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-1I surface

impoundment is the current process water holding pond, and the unlined percolation pond is the storm water pond that D efendants discharged contaminated storm water from and into waters of the state, the tributaries to Fisher Creek and Fisher Creek, in 2017.

19. OnJune 27, 2001, the RWQB issued Cleanup and A batement 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-1I 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 A pril 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 A batement Order No. 01-058 noted 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 A batement Order No. 01-058) 21. The drainage channel or tributary to Fisher Creek discussed in RWQB Cleanup and A batement Order No. 01-058, is the same tributary that D efendants 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 RW QB proceedings is included in this Complaint because 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 17200.

Contemporaneous Discharge of Deleterious W astewater at Three O ther M onterey Mushrooms, Inc., California Facilities

23. During the investigation of the unlawful discharges at the MORGAN HILL facility, W ardens 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 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.

206. 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). Itis 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)(0) 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, D efendants at the MORGAN HILL facility, have 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 W atershed 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,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 W ater Code section 13050(e).

31. A substance is deleterious when it is harmful, often in a subtle or unexpected way. (Meriam W ebster 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 Environmental Protection A gency (EPA) to be 17 mg/L for acute toxicity and 1.9 mg/L for chronic toxicity. (EPA 2013) A cute 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 W ater 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. waterused 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 whart and in the pipes between the process water pond and two holding tanks.

Environmental Protection A gency (EPA) to be 17 mg/L for acute toxicity and 1.9 mg/L for chronic toxicity. (EPA 2013) A cute 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 W ater 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. waterused 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 whart and in the pipes between the process water pond and two holding tanks. 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.

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 orabout 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 W aters 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. 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 W here 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. Onorabout 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.

FOURTH CAUSE OF ACTION

VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1 (Deposit of a Deleterious Substance into W aters of the State)

53. Plaintiff incorporates paragraphs 3 through 52 of this Complaint as though set forth in their entirety.

54. Onorabout January 19, 2016, W ardens 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 W here 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. Onorabout 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 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. Onorabout 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 D epartment 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.

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. Onorabout 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 W here 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. Onorabout January 31, 2016, Wardens observed contaminated storm water leaching from spent or used compost piles and flowing into a tributary to Fisher Creek, which 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 W aters of the State)

73. Plaintiff incorporates paragraphs 3 through 72 of this Complaint as though set forth in their entirety.

74. Onorabout 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.

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. Onorabout 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) 82. On orabout 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 D epartment 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. Onorabout 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 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 W here 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. Onorabout 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.

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 orabout 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 W aters of the State.)

97. Plaintiff incorporates paragraphs 3 through 96 of this Complaint as though set forth in their entirety.

98. Onorabout 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 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 W here 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 orabout 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 (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 W aters of the State)

105. Plaintiff incorporates paragraphs 3 through 104 of this Complaint as though set forth in their entirety.

106. On orabout 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 W here 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. 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 W aters 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. 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 W here 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 orabout 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.

TWENTY -FIRST CAUSE OF ACTION

VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1 (Deposit of a Deleterious Substance into W aters of the State)

121. Plaintiff incorporates paragraphs 3 through 120 of this Complaint as though set forth in their entirety.

122. On orabout 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 W here 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 orabout March 7, 2016, Wardens observed discharge from an overflowing process water pump and contaminated storm water from surrounding area flowing into a tributary 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 W aters of the State)

129. Plaintiff incorporates paragraphs 3 through 128 of this Complaint as though set forth in their entirety.

130. On orabout 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, 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 W here 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 orabout 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 W aters of the State)

137. Plaintiff incorporates paragraphs 3 through 136 of this Complaint as though set forth in their entirety. 138. On orabout 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 W here 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 orabout 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. 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 W aters of the State)

145. Plaintiff incorporates paragraphs 3 through 144 of this Complaint as though set forth in their entirety.

146. On orabout 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.

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 orabout 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 W aters of the State)

153. Plaintiff incorporates paragraphs 3 through 152 of this Complaint as though set forth in their entirety.

154. On orabout 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 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 orabout September 9, 2016, W ardens 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.

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 orabout 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 D epartment 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 W aters of the State)

165. Plaintiff incorporates paragraphs 3 through 164 of this Complaint as though set forth in their entirety.

166. On orabout October 16, 2016, W ardens observed the discharge of process water from a leaking storage tank flowing into a tributary to Fisher Creek near the process water storage 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,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 D epartment 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 (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,tributary to Fisher Creek. Defendants were supposed to only apply hydroseeding onto the ground or the banks of a stream,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 W here 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 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 W aters of the State)

181. Plaintiff incorporates paragraphs 3 through 180 of this Complaint as though set forth in their entirety.

182. On orabout 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. 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 W here 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 orabout January 7, 2017, W ardens 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.

THIRTY-EIGHTH CAUSE OF ACTION

VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1 (Deposit of a Deleterious Substance into W aters of the State)

189. Plaintiff incorporates paragraphs 3 through 188 of this Complaint as though set forth in their entirety.

190. On orabout 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 W here 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 orabout 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 into a stream, Fisher Creek, without prior written notification to the California D epartment 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 W aters of the State)

197. Plaintiff incorporates paragraphs 3 through 196 of this Complaint as though set forth in their entirety.

198. On orabout 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 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 W here 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 orabout 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.

FORTY-SECOND CAUSE OF ACTION

VIOLATION OF FISH AND GAME CODE SECTION 5650(a)(6)/5650.1 (Deposit of a Deleterious Substance into W aters 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.

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. Onorabout 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 W aters of the State)

215. Plaintiff incorporates paragraphs 3 through 214 of this Complaint as though set forth in their entirety.

216. Onorabout 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 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 W here 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. Onorabout 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 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 W aters of the State)

224. Plaintiff incorporates paragraphs 3 through 223 of this Complaint as though set forth in their entirety.

225. On orabout 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.

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 D epartment 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 W aters of the State)

232. Plaintiff incorporates paragraphs 3 through 231 of this Complaint as though set forth in their entirety.

233. On orabout 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 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 W here 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 orabout 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 A venue. 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 D epartment of 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 W here it Can Pass into W aters 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 turmed 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.