SITE INFORMATION AND CORRESPONDENCE_2004-2019

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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX - 6 - MR. 6 - MR. FRANK GUNITA, SHERRI GUINTA MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY FRANK'S ONE STOP SAN JOAQUIN COUNTY 19. Emergency private wellhead treatment systems maintenance, sampling, and analyses (Tasks 1 and 2) are currently conducted at the State's expense and compensated by State funds from the State Water Resources Control Board's Emergency, Abandoned and Recalcitrant (EAR) Account under Regional Board staff oversight of contractors and laboratory contracts. Currently $100,000 has been allocated for emergency funds through June 2006. Regional Board staff hours for contractor oversight and contracting are not compensated by the EAR Account, and exceeded 100 hours in 2005. 20. The SVE/AS treatment system (Task 3) was restarted by the Discharger's consultant in May 2003 and ran continuously until low soil gas pollution levels justified treatment system shutdown in December 2003. ' 21. The IER and Workplan (Tasks 4 and 5) were submitted and approved by Regional Board staff in 2003, although the Workplan was never implemented. 22. Frank Guinta requested and received three extensions to the ASCR and CAP (Tasks 6 and 7) in 2004, citing lack of funds, and stated that they were in the process of obtaining a loan on the property to continue the work. To date, the ASCR and the CAP have not been submitted to the Regional Board. 23. Tasks 8 and 9, which are contingent upon completion of the CAP (Task 7), have not been accomplished due to failure to submit the CAP. 24. Quarterly Monitoring (Task 10) continued until the First Quarter of 2005, when all work stopped on 31 January 2005. 25. The Dischargers have failed to comply with CAO No. R5-2003-0713, in that they have not cleaned up and abated the effects of the discharge. Over the next two years, $400,000 has been allocated from the State Emergency, Abandoned and Recalcitrant (EAR) Account to monitor and maintain well head treatment on the impacted private water supply wells, conduct quarterly monitoring of wells per MRP No. R5-2003-0713 or any revised MRP, and submit the ASCR and CAP. Additionally, Regional Board and State Board staff time will be required to oversee work funded by the EAR Account. VIOLATIONS 26. To date, the Dischargers have not complied with the CAO. By failure to maintain and test the domestic wellhead treatment systems, the Dischargers have created a need for State intervention on behalf of the domestic well users. State emergency funds are currently being expended to mitigate the effects of the Discharger's refusal to maintain and test the domestic wellhead treatment systems. Additionally, not all CAO-required reports have been submitted.