SITE INFORMATION AND CORRESPONDENCE_2004-2019

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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX - 7 - MR. 7 - MR. FRANK GUNITA, SHERRI GUINTA MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY FRANK'S ONE STOP SAN JOAQUIN COUNTY 27. The Dischargers have failed to: • Conduct the continuous maintenance of wellhead treatment systems and submit reports for sampling required for domestic water wells impacted by the groundwater plumes, since 31 January 2005 (Tasks 1 and 2). W • Submit three quarterly monitoring reports (due 1 May 2005, 1 August 2005, and 1 November 2005) (Task 10). • Submit the Additional Site Characterization Report providing information from the approved Workplan, to assess the vertical and lateral extent of petroleum hydrocarbons, including Methyl tert-Butyl Ether (MtBE) and 1,2-Dichloroethane (1,2-DCA) pollution emanating from Underground Storage Tanks (USTs) removed from the site (ASCR, due 1 February 2004) (Task 6). • Submit a Corrective Action Plan (CAP, due 1 April 2004) (Task 7). 28. The Dischargers failed to comply with the requirements of their deadline extensions and have benefited financially from the delays. Each time an extension was requested, Regional Board staff met with Frank Guinta and verbally emphasized the potential for penalties that would be calculated back to the original dates required under CAO No. R5- 2003-0173. Additionally, all letters granting extensions from the Regional Board reiterated the potential for penalties for each incidence of non-compliance, including daily amounts per violation under California Water Code Section (CWC) 13350, calculated from the original dates due as specified in CAO No. R5-2003-0713. At each of the three meetings on 12 March 2004, 26 July 2004, and 3 December 2004 respectively, Frank Guinta indicated that he had read CAO No. R5-2003-0713 and understood the meaning of penalties for failure to complete the Tasks required under CAO No. R5-2003-0713. 29. On 16 November 2004, Regional Board staff issued a Notice of Violation (NOV) for failure to meet the last extension, and requested a meeting by 3 December 2004. During that meeting, Regional Board staff again verbally stressed that the consequences of failure to comply with the CAO No. R5-2003-0713 might include penalties. Subsequently, during the meeting, the Frank Guinta agreed to comply with the CAO. 30. On 31 January 2005, Frank Guinta submitted a letter to Regional Board staff stating that no further work would be funded by him. Regional Board staff immediately contacted and informed Frank Guinta that, as a consequence of his decision, formal enforcement action against him was imminent. 31. On 3 February 2005, Frank Guinta submitted a faxed request for a Regional Board determination of No Further Action (NFA) necessary to indicate that the service station Site was clean and to allow the Frank Guinta to sell the property. Frank Guinta also offered to reimburse the State for the cost of the cleanup after sale of the property. In a letter dated 16 May 2005, Regional Board staff replied to Frank Guinta that a NFA letter