SITE INFORMATION AND CORRESPONDENCE_2004-2019

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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX _ 10 - MR. 10 - MR. FRANK GUNITA, SHERRI GUINTA MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY FRANK'S ONE STOP SAN JOAQUIN COUNTY "(e) The state board or a regional board may impose civil liability administratitvely pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 either on a daily basis or on a per gallon basis, but not both. "(1) The civil liability on a daily basis may not exceed five thousand dollars ($5,000) for each day the violation occurs... "(8)... the civil liability shall not be less than one hundred dollars ($100) for each day in n which the violation occurs." 41. As of 15 December 2005, the Dischargers have been in violation of CAO No. R5-2003-0713 for failure to implement the following Tasks: _............._..._ a. Maintenance of wellhead treatment, which is 319 days late and is currently being done by the State. (Failure to submit reports for routine sampling required for domestic water wells impacted by the groundwater plumes is included under quarterly reports) b. Submittal of the first quarter 2005 monitoring report, which is 228 days late. c. Submittal of the second quarter 2005 monitoring report, which is 136 days late. d. Submittal of the third quarter 2005 monitoring report, which is 48 days late. e. Submittal of the Additional Investigation Report, which is 682 days late. f. Submittal of the The Corrective Action Plan, which is 623 days late. 42. The total number of days of the six violations is 2,036. Based on a statutory maximum penalty of$5,000 per day per violation, the maximum liability for these 2,036 violations of CAO No. R5-2003-0713 is ten million, one hundred eighty thousand dollars ($10,180,000). Based on a statutory minimum liability amount, $100.00 per day per violation, the minimum liability for these 2,036 violations of CAO No. R5-2003-0713 is two hundered three thousand, six-hundred dollars ($203,600). 43. CWC Section 13327 states: In determining the amount of civil liability, the regional board. . . shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require."