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STAFF REPORT F7iG 9l/G C �/L,. <br /> ADMINISTRATIVE CIVIL LIABILITY ORDER <br /> FOR <br /> MR. FRANK GUINTA, MRS. SHARI GUINTA, % �l <br /> AND MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY <br /> FRANKS ONE STOP <br /> SAN JOAQUIN COUNTY <br /> Introduction <br /> Mr. Frank Guinta, Ms. Shari Guinta, and Mr. James and Mrs. Marilyn Ramsey, (hereafter <br /> collectively known as the Dischargers) have failed to clean up and abate the discharge of <br /> petroleum hydrocarbon products at Frank's One Stop, AKA Frank's Exxon#3, located at <br /> 2072 West Yosemite Avenue in Manteca, San Joaquin County (Site), as required under the <br /> 18 August 2003 Cleanup and Abatement Order (CAO) No. R5-2003-0713. <br /> The Executive Officer issued Administrative Civil Liability Complaint (ACLC) No. R5-2005-0530 <br /> 75 days before the 16/17 March 2006 Board meeting because the Dischargers failed to: <br /> • Continue maintenance and testing of wellhead treatment systems for twelve (12) <br /> domestic water supply wells impacted by groundwater polluted with MtBE, <br /> • Continue testing of all monitoring wells, and nearby domestic and irrigation wells, as <br /> required by the Regional Board Monitoring and Reporting Program, <br /> • Submit an Additional Site Characterization Report providing information from the <br /> implementation of the approved Workplan assessing the vertical and lateral extent of <br /> the groundwater pollution in all impacted water-bearing zones, <br /> • Submit a Final Corrective Action Plan (CAP), and <br /> • Submit three quarterly monitoring reports, as required under CAO No. R5-2003-0713 to <br /> conduct monitoring of the existing wells and any additional wells in accordance with <br /> Monitoring and Reporting Program (MRP) No. 5-2003-0713. <br /> The Dischargers waived their right to a hearing by 27 March 2006 and requested additional <br /> time to compile and submit records. The extension was granted on 8 March 2006. The <br /> Dischargers have not paid the $400,000 civil liability proposed in the ACLC and therefore this <br /> matter is being brought to the Regional Board for a hearing. <br /> The routine sampling and maintenance of domestic wells is necessary to protect public health <br /> and water quality impacted by the MtBE groundwater plume. The quarterly monitoring reports <br /> and additional investigation are necessary to determine the extent of groundwater pollution <br /> that has migrated off the site. The CAP is necessary to complete the remediation and to <br /> mitigate the pollution. <br /> Regional Board Staff believe that the imposition of civil liability is necessary to ensure that the <br /> Dischargers comply with the CAO. State Emergency, Abandoned, and Recalcitrant (EAR) <br /> Account monies are now being spent for the emergency sampling and maintenance of the <br /> domestic wellhead treatment systems. In lieu of compliance by the Dischargers, additional <br />