SITE INFORMATION AND CORRESPONDENCE_2004-2019

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