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lv, ALLEGED VIOLATIONS California Health & Safety Code (H&SC) section 25292 (b)(C)(5)(A)- Mrs. Ruth Marsili/Marsili Brothers failed to monitor the 4,000 -gallon diesel LIST as required by this section. (Modified Monitoring Alternative #7 -Tank Gauging) 2. H&SC section 25292 (d). Mrs. Marsili/Marsili Brothers failed to meet the December 22, 1998 deadline for upgradelremoval of the 4,000 -gallon diesel UST as required by this section. 3. H&SC section 25298 (a) & California Code of Regulations (CCR) 2670 (f): Mrs. MarsilifThe Marsili Brothers illegally removed a 4,000 -gallon diesel UST without a Closure Permit and inspection from the EHD. 4. H&SC section 25298 (c)(4): Mrs, Marsili /Marsili Brothers have failed to complete the UST closure by not submitting closure information including: soil sample results (east end tank soil sample results are missing), tank certification, tank tracking record, or the manifest for tank rinsate. V. SITE HISTORY October 3,1989 Jaime Favila made an entry on the narrative sheet starting a farm UST file, Davila used The Farm Tank Information form completed by Mrs, Ruth Marsili on September 29, 1989 to register four tanks. The four USTs are #1 - 4,000 gallon diesel tank, #2 - 768 gallon compartmentalized with #3 - 278 gallons gasoline tank, and UST #4 - 375 gallon gasoline tank. Tank #2, #3, & #4 are considered exempt tanks (CCR 2621) as they are 'Farm Tanks' (CCR 2611: "Farm Tank' means any one tank or a combination of manifolded tanks that: 1) are located on a farm-, and 2) hold no more than 1,100 gallons of motor vehicle fuel which is used primarily for agricultural purposes and is not held for resale.] and are not required to comply with UST regulations. November 9, 1989 Letitia Briggs completed A & 8 forms to place USTs on the database. May 15, 1990 Kasey Foley phoned Mrs. Marsili to set up an UST inspection. May 17, 1990 Kasey Foley made an UST inspection with Mrs. Marsili, and wrote up an inspection report. The report instructed Mrs. Marsili to monitor the tank. #1 - 4000 gallons diesel, using Modified Monitoring Alternative #7 (tank gauging). Foley left Mrs. Marsili a list of precision testers. December 1998 Eric Trevena spoke with Eugene Marsili on two occasions prior to the December 22, 1998 tank upgradelclosure date. Trevena discussed Closure Plan requirements for the regulated UST at this site, and left a Closure Plan at the counter for Marsili to pick up. Trevena told Marsili that owners of UST's could remove USTs, but a Closure Plan would still be required to be submitted to the office identifying who would be decontaminating the UST, taking the soil samples etc., prior to UST removal. On December 23, 1998, Trevena listened to a voice mail message from Marsili that stated he took out the tank. On December 23, 1098, Trevena phoned Marsili who explained he took out the UST and it was sitting next to the location it was removed from, Mr. Marsill was asked why he didn't submit the Closure Plan to EHO before the UST was removed. Mr. Marsili explained that he did not understand he had to submit one. Mr. Trevena told Mr. tWi he was still required to submit the Closure Plan. January 22, 1,999 Letitia Briggs received a phone call from Eugene Marsili. He inquired about the tank he removed. E. Marsili admitted he did not have a permit. Briggs told him a permit was required and to submit one on the application form Trevena provided,