People v. Setton Pistachio of Terra Bella CA5

BACKGROUND

Setton is a pistachio processing facility located in Terra Bella, California. In 2017, Setton constructed a reservoir (Storage Pond) to help manage water supplies by capturing wastewater and stormwater runoff from its facility and the community. In 2018, the Storage Pond went septic. Terra Bella residents thereafter formed an environmental justice group, TBVC, for the purpose of stopping the noxious odors emanating from Setton’s Storage Pond and advocating for residents’ right to live in a healthy community. In October 2018, District started receiving complaints from TBVC about the noxious odors coming from the Storage Pond. TBVC submitted their odor complaints to District and demanded immediate correction alleging the odors impacted the well-being of the community. TBVC also collected signatures from approximately 450 residents in the community and asked state and local agencies for help. On June 27, 2019, District issued Setton a notice of violation alleging the Storage Pond odor constituted a public nuisance in violation of District rule 4102.

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