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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION F)I----) r W <br /> I1,EC� :LESFEE=0 <br /> ACL COMPLAINT NO. R5-2005-0530 <br /> vl. . <br /> £i ! r n <br /> �r4l(i�o <br /> ADMINISTRATIVE CIVIL LIABILITY ENVihCii'; d;Ni IEALTII <br /> IN THE MATTER OF PERrvl!i/S iFiVlCES <br /> MR. FRANK AND MRS. SHERRI GUINTA, GUINTA ENTERPRISES <br /> MR. JAMES AND MRS. MARILYN RAMSEY <br /> FRANK'S ONE STOP <br /> 2072 W. YOSEMITE AVENUE, MANTECA <br /> SAN JOAQUIN COUNTY <br /> This Administrative Civil Liability Complaint (hereafter Complaint) is issued to Mr. Frank Guinta and <br /> Mrs. Sherri Guinta, doing business as (DBA) Guinta Enterprises and operators of Frank's One Stop (a full <br /> service fueling station, convenience store, and restaurant located at 2072 W. Yosemite Avenue in <br /> Manteca; referred to as the "Site"hereafter)when the release occurred and as current owners; and James <br /> and Marilyn Ramsey, former owners of the property when the release occurred (hereafter collectively <br /> referred to as the "Dischargers")based on findings of violations of Cleanup and Abatement Order (CAO) <br /> No. R5-2003-0713 and provisions of California Water Code Section 13350, which authorizes the <br /> imposition of an Administrative Civil Liability. <br /> The Executive Officer of the California Regional Water Quality Control Board, Central Valley Region, <br /> (Regional Board) finds, with respect to the Dischargers' acts, or failure to act, the following: <br /> 1. James and Marilyn Ramsey are subject to this Complaint because they owned the property (from <br /> 1988 to 1996) at the time the tank system caused or permitted waste to be discharged to waters of <br /> the state where it has created a condition of pollution and nuisance (an Unauthorized Release Form <br /> was issued by San Joaquin County Environmental Health Department on 2 May 1992). The CAO <br /> also names James and Marilyn Ramsey as Dischargers. <br /> ?. Frank and Sherri Guinta are subject to this Complaint because, according to San Joaquin County <br /> Environmental Health Department records, they operated the tank system from 1988 to 1998 that <br /> caused or permitted waste to be discharged to waters of the state where it has created a condition of <br /> pollution and nuisance. The CAO also names Frank and Sherri Guinta as Dischargers. Frank <br /> Guinta purchased the station on his behalf from James and Maiylin Ramsey in 1996. <br /> 3. Guinta Enterprises is named as a Discharger and subject to this Complaint, because it is the current <br /> owner of the property, knew of the discharge, and had the ability to control it. Frank Guinta <br /> incorporated as Guinta Enterprises in the State of California on 6 January 2003, prior to issuance of <br /> CAO No. R5-2003-0713 and, is the registered agent for service of process under the Secretary of <br /> State website for Guinta Enterprises. The registered agent is responsible for receiving important <br /> legal and tax documents including: notice of litigation (service of process), franchise tax forms and <br /> annual report forms for the property. The CAO also names Guinta Enterprises as a Discharger. <br />