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MACHADO v. STATE WATER RESOURCES CONTROL

No. C032572.

109 Cal.Rptr.2d 116 (2001)

90 Cal.App.4th 720

Robert A. MACHADO et al., Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants and Respondents.

Court of Appeals of California, Third District.

As Modified July 12, 2001.

Attorney(s) appearing for the Case

Curtis & Arata, Edgar H. Hay den, Jr., Modesto, and Matthew R. Berrien for Plaintiffs and Appellants Manuel Borges, Jeanette Borges, Frank V. Borba and Manjean Holsteins.

Damrell, Nelson, Schrimp, Pallios & Ladine, Fred A. Silva, Modesto, and Lisa W. Chao, Long Beach, for Plaintiffs and Appellants Robert Machado, David Machado, Frank Machado, Mabel Machado and Machado & Machado Dairy.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, and Tracy L. Winsor, Deputy Attorney General, for Defendants and Respondents.

Certified for Partial Publication.*

HULL, J.

In this appeal, plaintiffs Robert A. Machado, David A. Machado, Frank R. Machado, Mabel G. Machado, and Machado & Machado Dairy (collectively referred to as the Dairy) challenge the issuance of a cleanup and abatement order. The Regional Water Quality Control Board (RWQCB) issued this order because the Dairy was discharging manure and wastewater into a ditch that flowed into a drainage...

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