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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO. R5-2005-0530 -7-
<br /> MR.
<br /> 7-
<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 /> is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a
<br /> condition of pollution or nuisance, shall upon order of the regional board, clean up the waste or
<br /> abate the effects of the waste, or, in the case of threatened pollution or nuisance, take other
<br /> necessary remedial action, including, but not limited to, overseeing cleanup and abatement efforts.. .
<br /> Upon failure of any person to comply with the cleanup or abatement order, the Attorney General, at
<br /> the request of the board, shall petition the superior court for that countyfor the issuance of an
<br /> injunction requiring the person to comply with the order. In the suit, the court shall have
<br /> jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the
<br /> facts may warrant."
<br /> 30. Existing data and information about the Site indicate that waste has been discharged or is
<br /> discharging at the Site, which is owned or operated, or was formerly owned or operated by the
<br /> Dischargers named in this Order. CWC Section 13304(c)(1)provides that: ". . . the person or
<br /> persons who discharged the waste, discharges the waste, or threatened to cause or permit the
<br /> discharge of the waste within the meaning of subdivision (a), are liable to that governmental agency
<br /> to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects of
<br /> the waste, supervising cleanup or abatement activities, or taking other remedial action."
<br /> 31. Due to the recalcitrance of the Dischargers, the Regional Board is currently conducting work
<br /> required by the Order. Section 13304(b)(1) of the CWC provides that: "The regional board may
<br /> expend available money to perform any cleanup, abatement, or remedial work required under the
<br /> circumstances set forth in subdivision (a), including, but not limited to, supervision of cleanup and
<br /> abatement activities that, in its judgment, is required by the magnitude of the endeavor or the
<br /> urgency for prompt action needed to prevent substantial pollution, nuisance, or injury to any waters
<br /> of the state. The action may be taken in default of, or in addition to, remedial work by the waste
<br /> discharger or other persons, and regardless of whether injuctive relief is being sought. "
<br /> 32. CWC Section 13267(b)(1)provides that: "In conducting an investigation specified in subdivision
<br /> (a), the regional board may require that any person who has discharged, discharges, or is suspected
<br /> of having discharged or discharging, or who proposes to discharge waste within its region, or any
<br /> citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or
<br /> is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its
<br /> region that could affect the quality of waters within its region shall furnish, under penalty of
<br /> perjury, technical or monitoring program reports which the regional board requires. The burden,
<br /> including costs, of these reports shall bear a reasonable relationship to the need for the report and
<br /> the benefits to be obtained from the reports. In requiring those reports, the regional board shall
<br /> provide the person with a written explanation with regard to the need for the reports, and shall
<br /> identify the evidence that supports requiring that person to provide the reports."
<br /> 33. CWC Section 13350 states, in part, that: "(a)Any person who (1) violates any cease and desist
<br /> order or cleanup and abatement order hereafter issued, reissued, or amended by a regional board
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