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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> ACL ORDER NO. R5-2006-XXXX <br /> ADMINISTRATIVE CIVIL LIABILITY ORDER <br /> IN THE MATTER OF <br /> MR. FRANK GUINTA, <br /> MRS. SHERRI GUINTA, <br /> MR. JAMES RAMSEY, AND <br /> MRS. MARILYN RAMSEY <br /> FRANK'S ONE STOP <br /> SAN JOAQUIN COUNTY <br /> 0- <br /> This order for Administrative Civil Liability (hereafter ACL Order or Order) is issued to Mr. Frank q <br /> and Mrs. Sherri Guinta, and Mr. James and Mrs. Marilyn Ramsey, (hereafter collectively known <br /> as the Dischargers) based on provisions of California Water Code (CWC) Section 13350, which <br /> authorizes the imposition of an Administrative Civil Liability (ACL). <br /> The California Regional Water Quality Control Board, Central Valley Region, (Regional Board) <br /> finds, with respect to the Dischargers' acts, or failure to act, the following: <br /> Discharger Liability <br /> 1. In August, 2003, the Regional Board issued Cleanup and Abatement Order (CAO) No. <br /> R5-2003-0713 to Mr. Frank and Mrs. Sherri Guinta, Gunita Enterprises, Mr. James and <br /> Mrs. Marilyn Ramsey, which required cleanup of a release of petroleum from one or more <br /> underground stoarge tanks (USTs) at Frank's One Stop, a gasoline service station located <br /> at 2072 West Yosemite Avenue, San Joaquin County, California. <br /> 2. On 31 December 2005, the Regional Board Executive Officer issued Adminsitrative Civil <br /> Liability Complaint No. R5-2005-0530 to Mr. Frank and Mrs. Sherri Guinta, Gunita <br /> Enterprises, Mr. James and Mrs. Marilyn Ramsey for failure to comply with requirements <br /> of CAO No. R5-2003-0713. <br /> 3. James and Marilyn Ramsey were identified as responsible parties in CAO No. <br /> R5-2003-0713, which described the basis for liabilty as follows: "James and Marilyn <br /> Ramsey are subject to this (CAO) because they owned the property at the time the tank <br /> system caused or permitted waste to be discharged to waters of the state where it has <br /> created a condition of pollution or nuisance." (CAO No. R5-2003-0713, page 1, paragraph <br /> 2.) <br /> 4. James and Marilyn Ramsey did not petition CAO No. R5-2003-0713 to the State Water <br /> Resources Control Board (State Water Board). At the request of Regional Board staff on <br /> 19 Janaury 2006, James Ramsey submitted evidence of a Chapter 7 bankruptcy finalized <br /> in 1999. Previously in a phone conversation with Regional Board staff on 19 May 2003, <br /> Mr. Ramsey's attorney Richard Hastings contended that this Bankruptcy protects <br />