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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX - 12 - <br /> MR. <br /> 12 - <br /> MR. FRANK GUNITA, S14ERRI GUINTA <br /> MR, JAMES RAMSEY AND MRS. MARILYN RAMSEY <br /> FRANK'S ONE STOP <br /> SAN JOAQUIN COUNTY <br /> With respect to voluntary cleanup efforts, the Dischargers have not initiated any voluntary <br /> cleanup. <br /> With respect to degree of culpability, the Dischargers had exclusive control of the gasoline <br /> station operations. The Dischargers were aware of the requirements to conduct wellhead - <br /> treatment systems maintenance, routinely sample domestic wells, complete the additional <br /> site investigation, submit a corrective action plan and submit those five technical reports <br /> and chose not to comply. The Dischargers are fully culpable for the violations. <br /> B failing to comply with CAO R5-2003-0713 the Dischargers realized an economic benefit <br /> Y 9 PY <br /> by avoiding the expenditure of funds necessary to fully assess the impacts on water <br /> quality from this unauthorized discharge of waste. The Cleanup Fund would then <br /> reimburse all legitimate costs. The Dischargers must still submit the technical reports and <br /> are delaying the site investigation, so the economic benefit is the interest it has saved on <br /> any loans. This is estimated to be no more than $23,800. <br /> Staff costs including oversight to the State EAR Account and hours since the original due <br /> dates in 2004 under the Order, in generation of the ACL Complaint and preparation of the <br /> agenda material for the Regional Board presentation are $90 X 674 hours = $60,660. <br /> 45. A $400,000 Administrative Civil Liability is appropriate based upon the determinations in <br /> Findings 41 and 42 and a review of the factors in Finding 44. <br /> 46. Issuance of this Order is exempt from the provisions of the California Environmental <br /> Quality Act (Public Resources Code Section 21000, et. seq.), in accordance with <br /> Section 15321 (a)(2), Title 14, of the California Code of Regulations. <br /> 47 Any person affected by this action of the Regional Board may petition the State Water <br /> Resources Control Board (State Board) to review the action in accordance with Section <br /> 2050 through 2068, Title 23, California Code of regulations. The petition must be received <br /> by the State Board within 30 days of the date of this Order. Copies of the law and <br /> regulations applicable to filing petitions are available at <br /> http://www.waterboards.ca.qov/wgpetition instr.html and will also be provided upon <br /> request. <br />