SITE INFORMATION AND CORRESPONDENCE_2004-2019

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Staff Report: ACL Order for -7- Mr. Frank Guinta, Ms. Shari Guinta Mr. James Ramsey and Mrs. Marilyn Ramsey Frank's One Stop San Joaquin County On 16 November 2004, the UST Program Manager issued a Notice of Violation to the Dischargers for failure to submit reports per CAO Order No. R5-2003-0713, and requested a meeting with Frank Guinta by 3 December 2004. During the meeting on 3 December 2004 with Frank and John Guinta, and his consultant AquaScience Engineers, Inc., Frank Guinta agreed to comply with the CAO and schedule the additional site characterization fieldwork for January 2005. Frank Guinta also stated that the reported nine percent interest rate for the new loan to conduct the work was higher than his current loan interest rate; therefore he decided to not secure the new loan. On 31 January 2005, Frank Guinta notified Regional Board staff in writing that no further work would be funded by him until the property was sold. As a result of the Dischargers failure to continue the work required under CAO Order No. R5-2003-0713 and to protect human health, Regional Board staff, with Executive Officer approval, has contracted at the State's expense through the State Water Resources Control Board Emergency Abandoned and Recalcitrant Account program, to maintain and sample the domestic well treatment systems as necessary, and continue sampling domestic wells near the MtBE plume. Recent Violations To date, the Dischargers have not conducted maintenance of the treatment systems and have not submitted technical reports, an additional investigation report, and a corrective action plan as required by CAO Order No. R5-2003-0713. Administrative Civil Liability Complaint The Dischargers have violated CAO Order No. R5-2003-0713 by not maintaining the treatment systems and not submitting the required technical reports, and are subject to civil liability. In determining the amount of any civil liability pursuant to CWC Section 13350, the Regional Board must take into account the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and other matters as justice may require. These factors were considered as follows: Nature and Circumstances The nature of the violation is that the Dischargers were required, pursuant to CAO Order No. R5-2003-0713, to maintain the domestic well treatment systems, conduct quarterly monitoring, submit technical reports, an additional investigation report, and a corrective action plan. The domestic well treatment systems are necessary to protect the health of the residents. The reports are necessary to determine the effectiveness of the domestic well treatment systems, delineate the extent of wastes in soil and groundwater beneath this site and determine the