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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX -2 - <br /> MR. <br /> 2 - <br /> MR. FRANK GUNITA, SHERRI GUINTA <br /> MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY <br /> FRANK'S ONE STOP <br /> SAN JOAQUIN COUNTY <br /> Mr. Ramsey from the administrative civil liability herein. However the Bankruptcy Code at <br /> 11 U.S.C. § 523(a)(7) explicitly recognizes civil penalties as a category of claims that is not <br /> dischargeable against an individual. No other information was submitted by James or <br /> Marilyn Ramsey to indicate that CAO No. R5-2003-0713 was issued to them in error. <br /> Therefore, James and Marilyn Ramsey are persons appropriately liable pursuant to this <br /> ACL Order for failure to comply with CAO No. R5-2003-0713. <br /> 5. Frank and Sherri Guinta and Guinta Enterprises were also identified as responsible parties <br /> in CAO No. R5-2003-0713. The CAO provided the basis for identifying Frank and Sherri <br /> Guinta and Guinta Enterprises as responsible parties as follows: "Frank and Sherri Guinta, <br /> dba Guinta Enterprises, operated the fueling station continuously at the site. In 1996, <br /> Frank Guinta purchased the real property at a public tax auction. Frank and Sherri Guinta <br /> currently own the real property at 2072 West Yosemite Avenue, in Manteca, San Joaquin <br /> County (Site). Frank and Sherri Guinta, and Guinta Enterprises, are subject to this Order <br /> because they operated the tank system that caused or permitted waste to be discharged <br /> to waters of the state where it has created a condition of pullution or nuisance." <br /> (CAO No. R5-2003-0713, page 1, paragraph 3.) <br /> 6. Frank Guinta did not petition CAO No. R5-2003-0713 to the State Water Board and there <br /> has been no additional information provided by Frank Guinta to indicate that the CAO was <br /> issued to him in error. Therefore, Frank Guinta is appropriately liable pursuant to this ACL <br /> Order for failure to comply with CAO No. R5-2003-0713. <br /> 7. Sherri Guinta did not petition CAO No. R5-2003-0713 to the State Water Board. However, <br /> based on evidence obtained following the issuance of the CAO and ACL Complaint No. <br /> R5-2005-0530, it appears Sherri Guinta did not own the property at 2072 West Yosemite <br /> Avenue in 2003. According to an Interspousal Grant Deed registered at the San Joaquin <br /> County Recorders Office, on 7 April 1998, Sheri Guinta quitclaimed her interest in the <br /> property to Frank Guinta. Nevertheless, Sherri did have a community property ownership <br /> interest in the property between 1996 and 1998 through her marriage to Frank Guinta. As <br /> a former owner of property on which there has been a release from a UST, Sherri was <br /> appropriately identified as a responsible party in CAO R5-2003-0713. There has been no <br /> additional information provided by Sherri Guinta to indicate that the CAO was issued to <br /> her in error. Therefore, Sherri Guinta is appropriately liable pursuant to this ACL Order for <br /> failure to comply with CAO No. R5-2003-0713. <br /> 8. Guinta Enterprises did not petition CAO No. R5-2003-0713 to the State Water Board. <br /> Frank Guinta, in a letter dated 31 January 2006 responding to ACL Complaint No. <br /> R5-2005-0530, challenged the accuracy of the finding that Guinta Enterprises is a <br /> responsible party subject to the requirements of CAO No. R5-2003-0713. Staff have <br />