OFFICE OF THE DISTRICT ATTORNEY
COUNTY OF SONOMA
J. MICHAEL MULLINS, DISTRICT ATTORNEY
Jeffrey W. Holtzman, Bar # 97625
Deputy District Attorney
2300 County Center Dr., Suite B-170 ENDORSED
Santa Rosa, CA 95403
SEP 23, 1999
Attorneys 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
STIPULATION FOR ENTRY OF JUDGMENT AND PERMANENT INJUNCTION
Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA, by and through J. MICHAEL MULLINS, District Attorney of the County of Sonoma, and Defendant, PET ALUMA MUSHROOM FARM, a California corporation, (hereinafter referred to as "Defendant") do stipulate and agree as follows:
1. In this action Plaintiff alleges, upon information and belief, that Defendant is in violation of §5650(a)(6) of the Fish & Game Code and §17200 of the Business and Professions Code (Unfair Competition Act) in that Defendant has allegedly deposited into waters of the state materials deleterious to fish and wildlife, to wit, runoff from composting and mushroom processing waste.
2. Defendant denies that it has violated the California Fish & Game Code or that it has engaged in unfair competition with respect to the operation of the mushroom farm.
3 . This resolution of the disputed claim shall not be deemed as an admission by Defendant of the truth of any claim, allegation, or cause of action ascribing to Defendant's acts and resulting damages as set out in the Complaint on file in this action.
4. The purpose of the Stipulation is to avoid further litigation in this matter between Plaintiff and Defendant. The parties agree that the amicable resolution of this matter under the terms and conditions, as set out in the Stipulation, is to the respective legal and economic interests of the parties involved herein.
5. The Stipulation shall not otherwise limit or bar Plaintiff from any enforcement action, including the filing of a civil or criminal proceeding against Defendant for any acts, incidents or occurrences or violation of local or state law which may occur subsequent to the execution of the Stipulation and which would otherwise have been available to Plaintiff notwithstanding the existence of the Stipulation.
6. Defendant, its agents, employees, representatives, and successors, without admitting guilt, fault or liability, agree to the entry of Judgment in favor of Plaintiff and to a Permanent Injunction, pursuant to §526 of the Code of Civil Procedure, conforming in form and content to the document attached hereto as "Exhibit 1" and incorporated herein by this reference. The Judgment and Permanent Injunction shall contain the following terms and conditions:a. Defendant shall pay civil penalties to the County of Sonoma in the amount of Fourteen Thousand Five Hundred Seventy Four Dollars ($14,574.00);7. For purposes of this Stipulation for Entry of Judgment and Permanent Injunction, the terms "composting operations" and "composting facilities" are defined as referring to the processing of compost and compost components, including, straw, horse manure, baled straw, dried poultry waste, cottonseed hulls meal, cottonseed meal, canola, gypsum, and such other components as may be utilized to carry out the mixing, watering, fermenting, and other steps necessary to bring the compost to the point where it is ready to be moved indoors and placed in trays for pasteurization purposes.
b. Defendant shall pay costs to the San Francisco BayKeeper in the amount of Four Hundred Twenty Six Dollars ($426.00);
c. Defendant, its agents, employees, representatives, and successors, shall be permanently enjoined, pursuant to Code of Civil Procedure §526, from directly or indirectly doing any of the following:i. 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.
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED:
ii. 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 Courtr 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 for 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.
iii. 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.
iv. 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.
8. The parties hereto waive any right to request findings of fact and conclusions of law herein.
9. Each party hereto waives any right of appeal, whether directly, indirectly, or by collateral attack, which may arise from the entry of the Judgment and Permanent Injunction including, but not limited to, the right to appeal said Judgment.
10. The filing of this Stipulation may be made by the ex parte appearance of Plaintiff without further notice to Defendent,
11. The parties stipulate the Court shall maintain continuing jurisdiction over this matter.
PEOPLE OF THE STATE OF CALIFORNIA, By and Through J. MICHAEL MULLINS, Sonoma County District Attorney
Dated: September 20, 1999
JEFFREY W. HOLTZMAN Deputy District Attorney
PETALUMA MUSHROOM FARM, INC.,
a California corporation,
DAVID CERINI, President
Approved as to form and content:
Attorney for Defendant
PETALUMA MUSHROOM FARM, INC.