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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO. R5-2005-0530 -6 - <br /> MR. <br /> 6 - <br /> MR. FRANK AND MRS. SHERRI GUINTA,AND MR. JAMES AND MRS. MARILYN RAMSEY <br /> GUINTA ENTERPRISES <br /> FRANKS ONE STOP <br /> SAN JOAQUIN COUNTY <br /> 25. On 31 January 2005, the Dischargers submitted a letter to Regional Board staff stating that no <br /> further work would be funded by the Dischargers. Regional Board staff immediately contacted and <br /> informed the Dischargers that, as a consequence of their decision, formal enforcement action against <br /> them was imminent. <br /> 26. On 3 February 2005, the Dischargers submitted a faxed request for a Regional Board determination <br /> of No Further Action (NFA) necessary to indicate that the service station Site is now clean and to <br /> allow the Dischargers to sell the property. The Dischargers also offered to reimburse the State for <br /> the cost of the cleanup after sale of the property. In a letter dated 16 May 2005, Regional Board staff <br /> replied that a NFA letter would release the Dischargers from further responsibility for the <br /> unauthorized release, that the Dischargers are continuing to violate CAO R5-2003-0713, and that <br /> failure to comply with the CAO R5-2003-0713 subjects the Dischargers to civil liabilities (penalties) <br /> for each day of violation. <br /> 27. State EAR Account funds have been, and are continuing to be, spent to maintain and sample <br /> domestic wellhead treatment systems impacted by the Dischargers' groundwater plume. Since then, <br /> Regional Board staff has expended significant staff-hours in contracting engineering services for, <br /> and conducting oversight of, the wellhead treatment systems, including maintenance, sampling, and <br /> reporting to property owners and residents of the neighborhood. In addition to the domestic <br /> wellhead treatment systems maintenance, the reports as specified in the CAO are necessary to <br /> determine the extent and migration pathways of groundwater pollution beneath the site. <br /> 28. In violation of the CAO, the Dischargers have failed to and continue to fail to maintain and sample <br /> the domestic wellhead treatment systems, characterize the lateral and vertical extent of petroleum <br /> hydrocarbon impacts to groundwater, and implement corrective action measures. As stated in <br /> Finding 25, the Dischargers refused to maintain the domestic wellhead treatment systems, <br /> characterize the lateral and vertical extent of petroleum hydrocarbon impacts to groundwater, and <br /> implement corrective action measures due to lack of funding. The letter also requested that the State <br /> implement the requirements (conduct the work) of the CAO expeditiously under the EAR account, <br /> and said the State would be reimbursed for EAR Account expenses of the cleanup after the sale of <br /> the property. <br /> REGULATORY CONSIDERATIONS <br /> 29. By the acts and omissions cited above, the Dischargers have violated the Regional Board's CWC <br /> Section 13304 Order. CWC Section 13304(a) provides that: "Any person who has discharged or <br /> discharges waste into waters of this state in violation of any waste discharge requirement or other <br /> order or prohibition issued by a regional board or the state board, or who has caused or permitted, <br /> causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it <br />