SITE INFORMATION AND CORRESPONDENCE_2004-2019

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Staff Report: ACL Order for -6- Mr. Frank Guinta, Ms. Shari Guinta Mr. James Ramsey and Mrs. Marilyn Ramsey Frank's One Stop San Joaquin County Subsequently, in a meeting on 9 April 2003 with Regional Board and SJCEHD staff, Frank Guinta's representatives John Guinta (his son) and Don Thompson (his environmental manager), and Frank Guinta's consultant AquaScience Engineers Inc., agreed to restart the SVE system and reevaluate the need for the pump/treat system. Groundwater monitoring resumed on 3 May 2003 and the SVE/S system was restarted on 13 May 2003. John Guinta and Don Thompsen also stated that Mr. James and Ms. Marilyn Ramsey should be included in the CAO as former owners of the Site at the time of the unauthorized release. The second draft CAO was reissued on 30 April 2003 and included the Ramseys as Dischargers. However, James and Marilyn Ramsey's current address was not available, as the Post Office forwarding order had expired. Consequently, the second draft CAO package was returned unopened. When Regional Board staff contacted SJCEHD for a current address, they provided the name and phone number of the Ramsey's' 1999 bankruptcy attorney. In a phone conversation with Regional Board staff on 19 May 2003, attorney Mr. Richard Hastings verbally acknowledged knowing the Ramseys whereabouts and stated that he was representing them, and that he would look up their address for the draft CAO. Regional Board staff verbally offered to provide copies of the draft and final CAO to Mr. Hastings, and Mr. Hastings verbally accepted the offer. On 22 May 2003 a copy of the draft CAO was sent to Mr. Hastings. The cover letter for the draft CAO reiterated Regional Board staffs' understanding of Mr. Hastings verbal statements on 19 May 2003 that he was their legal representative and requested that Mr. Hastings forward the copy to his clients, Mr. James and Ms. Marilyn Ramsey. Regional Board staff did not receive a written response to the second draft CAO or the correct address for the Ramsey's, from the Ramsey's or their attorney Mr. Hastings. Events Subsequent To The Cleanup And Abatement Order On 18 August 2003, the Regional Board Executive Officer issued CAO Order No. R5-2003-0713 to Frank Guinta, and to James and Marylin Ramsey at their old address. A copy of CAO R5-2003-0713 was also sent to the Ramsey's attorney Mr. Hastings for his review. Again, there was no response to CAO Order No. R5-2003-0713 from the Ramsey's or their attorney Mr. Hastings. The SVE/AS system operated until declining soil gas concentrations justified treatment shutdown in December 2003. Compliance with CAO Order No. R5-2003-0713 continued until 1 February 2004, when the Dischargers failed to meet the Regional Board staff deadline to submit an additional Site Characterization Report for the MtBE groundwater plume. At that time the Dischargers began requesting a series of extensions to CAO Order No. R5-2003-0713, to allow Mr. Guinta time to secure a loan to fund the cleanup. In 2004 and 2005, Mr. Guinta repeatedly asked staff, verbally and in writing, for site closure. The rational given for each request was to facilitate the sale of the property. Staff denied the closure request, stating that to do so would relieve the Dischargers from the responsibility for the cleanup.