SITE INFORMATION AND CORRESPONDENCE_2004-2019

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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX - MR. FRANK GUNITA, SHERRI GUINTA MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY FRANK'S ONE STOP SAN JOAQUIN COUNTY 44. With respect to the Dischargers violations of CAO No. R5-2003-0713, the Regional Board has determined the following with respect to the factors in CWC Section 13327: The nature of the violation is the failure to maintain the wellhead treatment systems and routinely sample domestic wells, submit five technical reports (an additional site characterization report, a corrective action plan, and three quarterly monitoring reports) in violation of a Cleanup and Abatement Order issued pursuant to CWC Section 13304. The circumstances of the violation are such that the Dischargers were aware of the E) requirements to sample and maintain domestic wellhead treatment systems, submit quarterly reports, conduct additional investigations to define the vertical and lateral extent of pollution, and submit a corrective action plan, in order to assess the impact of the UST release to groundwater and mitigate all threats to public health and the environment. Frank Guinta is aware of the requirements of CAO No. R5-2003-0713 and has stated his understanding of the CAO and the consequences for failure to comply with the CAO in meetings with Regional Board staff on 12 March 2004, 26 July 2004, and 2 December 2004 but has failed to comply. The extent of the violation is that the Dischargers were required, pursuant to a CWC Section 13304 Cleanup and Abatement Order, to conduct wellhead treatment systems maintenance, routinely sample domestic wells, complete the additional site investigation, submit a corrective action plan and submit those five technical reports described above. These reports have not been submitted to date. The gravity of the violation is that the Dischargers failed to maintain domestic well treatment systems, submit quarterly reports, conduct additional investigations to define the vertical and lateral extent of pollution, and submit a corrective action plan, in order to assess the impact of the UST release to groundwater and mitigate all threats to public health and the environment. As a consequence of the Dischargers actions, the Dischargers have created a need for State intervention on behalf of the domestic well users and Regional Board staff have assumed active participation through the Emergency, Abandoned and Recalcitrant Account to direct the work needed to mitigate the threat that the hydrocarbon release poses to the neighbors on domestic well water and the waters of the State of California. State funds are being spent (estimated to be at least $500,000 for the next 3 years) to mitigate adverse actions caused by the Dischargers. Without expenditure of State funds to maintain the treatment systems, economically disadvantaged residents of the neighborhood on domestic wells near the Site could be at risk for exposure to levels of MtBE greater than the highest water quality objective (California Maximum Contaminant Levels, or MCLs). With respect to the violator, it has not been demonstrated that there is an inability to pay or to continue in business. The Dischargers were notified of the opportunity to provide such information when the ACL Complaint was issued. As of 5 June 2006, only Frank Guinta has submitted his financial information, which is currently under review.