OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SONOMA
J. MICHAEL MULLINS, DISTRICT ATTORNEY
Jeffrey W. Holtzman, Bar # 97625 ENDORSED
Deputy District Attorney FILED 2300 County Center Dr., Suite B-170
Santa Rosa, CA 95403
SEP 23, 1999 (707)565-3161Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. PETALUMA MUSHROOM FARM, INC., a California corporation, Defendant.
GENERAL CIVIL CASE CASE NO. 222564
JUDGMENT AND PERMANENT INJUNCTION (PURSUANT TO STIPULATION)By way of Stipulation, the parties, Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA, by and through J. MICHAEL MULLINS, District Attorney of the County of Sonoma, and Defendant, PETALUMA MUSHROOM FARM, INC., a California corporation (hereinafter referred to as "Defendant"), have agreed to Judgment and Permanent Injunction of this Court being entered pursuant to said Stipulation.
The parties have waived findings of fact and conclusions of law. The Permanent Injunction is being entered pursuant to §17203 of the Business and Professions Code.
On reading and filing of the Stipulation for Judgment and Permanent Injunction, and good cause appearing therefrom:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. Judgment shall be entered in the above-entitled cause in favor of Plaintiff, PEOPLE OF THE STATE OF CALIFORNIA, by and through J. MICHAEL MULLINS, District Attorney of the County of Sonoma, and against Defendant;2. Defendant shall pay civil penalties to the County of Sonoma in the amount of Fourteen Thousand Five Hundred Seventy Four Dollars ($14,574.00);
3 . Defendant shall pay costs to the San Francisco BayKeeper in the amount of Four Hundred Twenty Six Dollars ($426.00);
4. Defendant, its agents, employees, representatives, and successors, shall be, and are hereby, permanently enjoined, pursuant to Code of Civil Procedure §526, from directly or indirectly doing any of the following:
a. Violating or causing to be violated §5650 of the Fish and Game Code prohibiting the deposit into the waterways of the State of California any substance or material deleterious to fish, plant or bird life.5. The Court shall maintain continuing jurisdiction over this matter and in the event that any >arty is found to have failed to comply with any term or provision of this Judgment, the Court upon noticed motion and upon reasonable notice, shall make any orders necessary to assure the term or )rovision that has not been complied with by such party will in fact be implemented.IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED:
b. Defendant shall, within a period of one (1) year from the date of entry of Judgment, relocate its composting operations from its existing location at 782 Thompson Lane, Petaluma, to a facility located in the Two Rock area. If Defendant, having exercised due diligence and good faith to accomplish the move, fails to relocate its facilities within a one (1) year period it may petition this Court, upon noticed motion, to grant a continuance of the compliance date to a reasonable date set by the Court. If Defendant fails to relocate its composting facilities in a timely fashion and has failed to exercise due diligence and good faith to accomplish the move, the People may move this Court, upon noticed motion, to revise the terms of the Judgment by increasing the civil penalty to an amount deemed reasonable by this Court. In any action to modify the terms of the Judgment, it shall not be necessary for the People to prove the underlying violation but only that Defendant failed to relocate its composting facilities in a timely manner. In any action to modify the terms of the Judgment, it shall not be necessary fr the People to prove the underlying violation, but only that Defendant failed to relocate its composting facilities in a timely manner and failed to exercise due diligence and good faith to accomplish the move.
c. Defendant shall comply with all lawful orders and directives of the San Francisco Bay Regional Water Quality Control Board relating to the operation of its mushroom facility.
d. Defendant shall comply with all lawful orders and directives of the Sonoma County Permit and Resource Management Department relating to the operation of its mushroom facility.
6. The Permanent Injunction shall issue immediately.
7. The Clerk is ordered to enter this Judgment and Permanent Injunction.
Dated: 9/21/99