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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT ORDER NO. R5-2005-0530 -8 - <br /> MR. <br /> 8 - <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 /> or the state board, or (2) in violation of any waste discharge requirement, waiver condition, <br /> certification, or other order or prohibition issued, reissued or amended by a regional board or the <br /> state board, discharges waste, or causes or permits waste to be deposited in or on any waters of the <br /> state, or (3) causes or permits any oil or any residual product ofpetroleum to be deposited in or on <br /> any of the waters of the state, except in accordance with waste discharge requirements or other <br /> actions or provisions of this division, shall be liable civilly, and remedies may be proposed, in <br /> accordance with subdivision (d) or (e) . . . " <br /> "(e) The state board or a regional board may impose civil liability administratitvely pursuant to <br /> Article 2.5 (commencing with Section 13323) of Chapter S either on a daily basis or on a per gallon <br /> basis, but not both. " <br /> "(1) The civil liability on a daily basis may not exceed five thousand dollars ($5,000)for each day <br /> the violation occurs... " <br /> "(B) The civil liability shall not be less than one hundred dollars ($100)for each day in which the <br /> violation occurs. " <br /> 34. As of 15 December 2005, the Dischargers have been in violation of the CAO for failure to <br /> implement the following Tasks: <br /> a. Maintenance of wellhead treatment, which is 319 days late and is currently being done by the <br /> State. Submittal of reports for routine sampling required for domestic water wells impacted by <br /> the groundwater plumes is included under quarterly reports (Tasks a. and b.). <br /> b. Submittal of the first quarter 2005 monitoring report, which is 228 days late. <br /> c. Submittal of the second quarter 2005 monitoring report, which is 136 days late. <br /> d. Submittal of the third quarter 2005 monitoring report, which is 48 days late. <br /> e. Submittal of the Additional Investigation Report, which is 682 days late. <br /> f. Submittal of the Corrective Action Plan, which is 623 days late. <br /> 35. The total number of days of the six violations is 2,036. The maximum liability for the non-submittal <br /> of these technical reports and failure to maintain the domestic wellhead treatment systems is ten <br /> million, one hundred eighty thousand dollars ($10,180,000), based upon 2,036 days late. The <br /> minimum liability amount, $100.00 per day per violation, is two hundered three thousand, six- <br /> hundred dollars ($203,600). <br /> 36. CWC Section 13327 states: "In determining the amount of civil liability, the regional board. . . <br /> shall take into consideration the nature, circumstance, extent, and gravity of the violation or <br /> violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the <br /> discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in <br />