Laserfiche WebLink
ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX - 8 - <br /> MR. FRANK GUNITA, SHERRI GUINTA <br /> MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY <br /> FRANK'S ONE STOP <br /> SAN JOAQUIN COUNTY <br /> would release the Dischargers from further responsibility for the unauthorized release, that <br /> the Dischargers are continuing to violate CAO R5-2003-0713, and that failure to comply <br /> with CAO R5-2003-0713 subjects the Dischargers to civil liabilities (penalties) for each day <br /> of violation. <br /> 32. State EAR Account funds have been, and are continuing to be, spent to maintain and <br /> sample domestic wellhead treatment systems impacted by the Dischargers' groundwater <br /> plume. Since 31 January 2005, Regional Board staff has expended significant staff-hours <br /> in contracting engineering services for, and conducting oversight of, the wellhead <br /> treatment systems, including maintenance, sampling, and reporting to property owners <br /> and residents of the neighborhood. In addition to the domestic wellhead treatment <br /> systems maintenance, the reports as specified in the CAO are necessary to determine the <br /> extent and migration pathways of groundwater pollution beneath the site. <br /> 33. In violation of CAO R5-2003-0713, the Dischargers have failed to and continue to fail to <br /> maintain and sample the domestic wellhead treatment systems, characterize the lateral <br /> and vertical extent of petroleum hydrocarbon impacts to groundwater, and implement <br /> corrective action measures. As stated in Finding 30, the Dischargers refused to maintain <br /> the domestic wellhead treatment systems, submit quarterly monitoring reports, <br /> characterize the lateral and vertical extent of petroleum hydrocarbon impacts to <br /> groundwater, and implement corrective action measures due to lack of funding. <br /> The 31 January 2005 letter from Frank Guinta to Regional Board staff also requested that <br /> the State implement the requirements (conduct the work) of the CAO expeditiously under <br /> the EAR account, and said the State would be reimbursed for EAR Account expenses of <br /> the cleanup after the sale of the property. <br /> 34. On 31 December 2005, the Executive Officer issued Administrative Civil Liability (ACL) <br /> Complaint No. R5-2005-0530 to the Dischargers for violation of CAO No. R5-2003-0713. <br /> 35, ACL Complaint No. R5-2005-0530 was not paid or settled. <br /> 36. As of the date of this Order, the Dischargers have failed to comply with CAO No. <br /> R5-2003-0713. <br /> REGULATORY CONSIDERATIONS <br /> 37. By the acts and omissions cited above, the Dischargers have violated the Regional <br /> Board's CAO No. R5-2003-0713 Order, which was issued pursuant to CWC Section <br /> 13304. CWC Section 13304(a) states, in part: <br /> Any person who has discharged or discharges waste into waters of this state in violation <br /> of any waste discharge requirement or other order or prohibition issued by a regional <br />