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CALIFORNIA REGIONAL WATER QUALITY CONTROL BO <br /> CENTRAL VALLEY REGION <br /> CLEANUP AND ABATEMENT ORDER NO. 89-705 <br /> CARL TR I NKLE AOND GEORGE BOYS EW\; 1 SE�v�c <br /> TRINKLE AND BOYS <br /> SAN JOAQUIN COUNTY <br /> 1 . Carl Trinkle and George Boys (also known as Trinkle and Boys) own <br /> Assessor' s Parcel No. 2555-110-92 in San Joaquin County. The owners' <br /> address and the property address are the same: 31244 S. Highway 33, Tracy <br /> (hereafter, "the facility" ) . <br /> 2. Prior to December 1982. Carl Trinkle and George Boys operated a nes+icicle <br /> application business, Trinkle and Boys, Inc. (also known as Trinkle and <br /> Boys Ag Flying Service) , at the facility location. In December 1982, <br /> ownership of the business was transferred to Eric Trinkle and Dwayne Boys. <br /> 3. Ground water at the site is polluted with pesticides, and sampling has <br /> identified DDT as being present at ' hazardous' levels in waste disposal <br /> area soils at the facility. Thus, waste disposal practices at this <br /> location have probably caused and continue to threaten to cause a condition <br /> of pollution. <br /> 4. On 27 October 1987, Cleanup and Abatement Order No. 87-734 was issued to <br /> Trinkle and Boys Ag Flying Service, Inc. <br /> 5. As representatives of Trinkle and Boys Ag Flying Service, Eric Trinkle and <br /> Dwayne Boys complied with Activity 1 in Order No. 87-734, although not in <br /> a timely manner. The work plan was received in final form on 22 August <br /> 1988. <br /> 6. On 12 and 21 September 1988, Eric Trinkle informed staff that Trinkle and <br /> Boys Ag Flying Service would not comply with Activities 2, 3, or 4 in Order <br /> No. 87-734. <br /> 7. In "larch 1989, Trinkle and Boys Ag Flying Service, Inc. was referred to <br /> the Attorney General for failure to comply with Order No. 87-734. <br /> 8. As owners of the property where the business is located, Carl Trinkle and <br /> George Boys have control over the activities that occur on the property. <br /> 9. Section 13304(a) of the California Water Code provides that, "Any person <br /> who has discharged or discharges waste into the waters of this state in <br /> violation of any waste discharge requirements or other order or prohibition <br /> issued by a regional board or the state board, or who has caused or <br /> permitted, causes or permits, or threatens to cause or permit any waste <br /> to be discharged or deposited where it is, or probably will be, discharged <br /> into the waters of the state and creates , or threatens to create, a <br /> condition of pollution or nuisance, shall upon order of the regional board <br /> clean up such waste or abate the effects thereof or, in the case of <br />