SITE INFORMATION AND CORRESPONDENCE_2004-2019

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Staff Report: ACL Order for -8- Mr. Frank Guinta, Ms. Shari Guinta Mr. James Ramsey and Mrs. Marilyn Ramsey Frank's One Stop San Joaquin County magnitude of the threat to human health, the environment and beneficial uses of local groundwater. The circumstances are such that the Dischargers were aware of the necessity to provide the required domestic well treatment systems maintenance and technical reports, but failed to do so. Extent The extent of the violation is that the Dischargers were required, pursuant CAO Order No. R5-2003-0713, to maintain the domestic well treatment systems and submit the required technical reports. The domestic wells treatment system maintenance was not conducted by the Dischargers in 2005, and technical reports have not been submitted to date. As of 15 December 2005, the total number of days of violation for the lack of domestic well treatment systems maintenance and submittal of reports is 2036. Gravity The gravity of the violation is that the Dischargers failure to maintain the domestic well treatment systems, complete the site investigation and submit the reports has prevented Regional Board staff from assessing the threat that the hydrocarbon release and the wastes in soils pose to the waters of the State of California. State funds are currently being used to maintain the domestic well treatment systems. Without State intervention, the public health of the domestic well users would have been endangered. Failure to maintain wellhead treatment systems threatens to allow the use, including consumption, of polluted groundwater by nearby residences. Susceptibility of the discharge to cleanup MtBE is highly soluble, diffuses readily in groundwater, and tends to travel farther than the majority of petroleum hydrocarbon constituents in groundwater, potentially causing larger groundwater plumes. Even so, there are many technologies available to treat MtBE effectively. Toxicity The current California Primary and Secondary (Taste and Odor) MCLs for MtBE are 13 pg/L and 5 pg/L, respectively. The most recent (second quarter 2006) MtBE concentrations from domestic wells within the groundwater plume range from 3.6 pg/L in one untreated well (owner declined treatment) to 29 pg/L influent (pre-treatment) in treated wells, with a maximum one-well annual influent concentration of 35 pg/L in February 2006. Ability to Pay/Continue in Business In a memo dated 1 August 2006, State Water Resources Control Board's staff economist states that, after evaluating the financial information received from Frank Guinta and from Shari Guinta, that, with respect to these violators, it has not been demonstrated that there is an inability to pay or to continue in business. To date, James and Marylin Ramsey have not submitted financial information to demonstrate their inability to pay.