SITE INFORMATION AND CORRESPONDENCE_2004-2019

Home Browse Search

ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO. R5-2005-0530 - 5 - MR. 5 - MR. FRANK AND MRS. SHERRI GUINTA, AND MR. JAMES AND MRS. MARILYN RAMSEY GUINTA ENTERPRISES FRANKS ONE STOP SAN JOAQUIN COUNTY well head treatment on the impacted private water supply wells. Additionally, Regional Board and State Board staff time will be required to oversee work funded by the EAR Account. VIOLATIONS 21. To date, the Dischargers have not complied with the CAO. By failure to maintain and test the domestic wellhead treatment systems,the dischargers have created a Public Health Emergency for the domestic well users. State emergency funds are currently being expended to mitigate the effects of the Discharger's refusal to maintain and test the domestic wellhead treatment systems. Additionally, not all CAO-required reports have been submitted. 22. The Dischargers have failed to: • Conduct the continuous maintenance of wellhead treatment systems and submit reports for sampling required for domestic water wells impacted by the groundwater plumes, since 31 January 2005. • Submit three quarterly monitoring reports (due 1 May 2005, 1 August 2005, and 1 November 2005). • Submit the Additional Site Characterization Report providing information from the approved Workplan, to assess the vertical and lateral extent of petroleum hydrocarbons, including Methyl tert-Butyl Ether (MtBE) and 1,2-Dichloroethane (1,2-DCA)pollution emanating from Underground Storage Tanks (USTs) removed from the site (due 1 February 2004). • Submit a Corrective Action Plan (CAP, due 1 April 2004). 23. The Dischargers failed to comply with the requirements of their deadline extensions and have benefited financially from the delays. Each time an extension was requested, Regional Board staff met with the Dischargers and emphasized the potential for penalties that would be calculated back to the original dates required under CAO No. R5-2003-0173. Additionally, all letters granting extensions from the Regional Board reiterated the potential for penalties for each incidence of non- compliance, including daily amounts per violation under California Water Code Section (CWC) 13350, calculated from the original dates due as specified in CAO No. R5-2003-0713. At each of the three meetings on 12 March 2004, 26 July 2004, and 3 December 2004 respectively, the Dischargers indicated that they had read CAO No. R5-2003-0713 and understood the meaning of penalties for failure to complete the Tasks required under CAO No. R5-2003-0713. 24. On 16 November 2004, Regional Board staff issued a Notice of Violation(NOV) for failure to meet the last extension, and requested a meeting by 3 December 2004. During that meeting, Regional Board staff again stressed that the consequences of failure to comply with the CAO No. R5-2003-0713 might include penalties. Subsequently, during the meeting, the Dischargers agreed to comply with the CAO.