SITE INFORMATION AND CORRESPONDENCE_2004-2019

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Staff Report: ACL Order for -9- Mr. Frank Guinta, Ms. Shari Guinta Mr. James Ramsey and Mrs. Marilyn Ramsey Frank's One Stop San Joaquin County Voluntary Cleanup Efforts Undertaken The ACL Order addresses failure to maintain the domestic well treatment systems and submit technical reports and, therefore, the Dischargers have voluntarily chosen not to do the work. Prior History of Violations The Dischargers received a Notice of Violation for failure to comply with CWC Section 13304 in November 2004. Degree of Culpability The Dischargers are responsible for the maintenance of the domestic well treatment systems, the investigation and remediation of the MtBE plume(s), and submittal of technical reports, and are culpable for the violations cited. Economic Savings By failing to submit quarterly reports as required by the CWC Section 13304 Order, 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 Dischargers have not maintained and tested the domestic well treatment systems, at a savings of at least $35,000 per year. The Dischargers have not conducted quarterly monitoring for three quarterly monitoring events, at least $5,000/monitoring event, for a savings of $15,000. The Dischargers have not submitted a report of additional groundwater investigation at an estimated savings of $113,000. The Dischargers have not submitted a Corrective Action Plan, at a savings of $7,000. The cost savings to the Dischargers is estimated to be more than $170,000 for FY 2005, and $25,000 for one 2005 report and four 2006 reports FY 2006. At 7% per year interest on two years for FY2005, the economic benefit would be $23,800. Other Matters as Justice May Require 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 542 hours = $48,780. Determination of Amount Water Code Section 13350 authorizes the imposition of administrative civil liability for violation of Water Code Section 13304. As of 15 December 2005, the maximum liability amount ($5,000.00 per day per violation times six violations = 2,036 days total) per Water Code Section 13350 is $10,180,000. The minimum liability amount is $100.00 per day per violation, or $203,600. Summary The failure to maintain the domestic well treatment systems and submit the technical reports has grave consequences, as the lack of action without State intervention may lead to additional degradation of the groundwater and potential threats to public health and the environment. Even if the Dischargers maintain the domestic well treatment systems and submit the required technical reports prior to the Board hearing, it is still appropriate for the Regional Board to adopt an ACL Order due to the Dischargers' failure to comply with the CWC