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ADMINISTRATIVE CIVIL LIABILITY ORDER NO. R5-2006-XXX -9 -
<br /> MR.
<br /> 9 -
<br /> MR.FRANK GUNITA, SHERRI GUINTA
<br /> MR. JAMES RAMSEY AND MRS. MARILYN RAMSEY
<br /> FRANK'S ONE STOP
<br /> SAN JOAQUIN COUNTY
<br /> board or the state board, or who has caused or permitted, causes or permits, or threatens
<br /> to cause or permit any waste to be discharged or deposited where it is, or probably will
<br /> be, discharged into the waters of the state and creates, or threatens to create, a condition
<br /> of pollution or nuisance, shall upon order of the regional board, clean up the waste or
<br /> abate the effects of the waste, or, in the case of threatened pollution or nuisance, take
<br /> other necessary remedial action, including, but not limited to, overseeing cleanup and
<br /> abatement efforts.
<br /> 38. Due to the recalcitrance of the Dischargers, the Regional Board is currently conducting
<br /> work required by the CAO No. R5-2003-0713. Section 13304(b)(1) of the CWC states:
<br /> The regional board may expend available money to perform any cleanup, abatement, or '.
<br /> remedial work required under the circumstances set forth in subdivision (a), including, but(?'
<br /> not limited to, supervision of cleanup and abatement activities that, in its judgment, is
<br /> required by the magnitude of the endeavor or the urgency for prompt action to prevent
<br /> substantial pollution, nuisance, or injury to any waters of the state. The action may be
<br /> taken in default of, or in addition to, remedial work by the waste discharger or other
<br /> persons, and regardless of whether injuctive relief is being sought.
<br /> 39. CWC Section 13304(c)(1) states, in part:
<br /> If the waste is cleaned up or the effects of the waste are abated, or, in the case of
<br /> threatened pollution or nuisance, other necessary remedial action is taken by any
<br /> governmental agency, the person or persons who discharged the waste, discharges the
<br /> waste, or threatened to cause or permit the discharge of the waste within the meaning of
<br /> subdivision (a), are liable to that governmental agency to the extent of the reasonable
<br /> costs actually incurred in cleaning up the waste, abating the effects of the waste,
<br /> supervising cleanup or abatement activities, or taking other remedial action."
<br /> 40. CWC Section 13350 states, in part:
<br /> Any person who (1) violates any cease and desist order or cleanup and abatement order
<br /> hereafter issued, reissued, or amended by a regional board or the state board, or(2) in
<br /> violation of any waste discharge requirement, waiver condition, certification, or other order
<br /> or prohibition issued, reissued or amended by a regional board or the state board,
<br /> discharges waste, or causes or permits waste to be deposited in or on any waters of the
<br /> state, or(3) causes or permits any oil or any residual product of petroleum to be
<br /> deposited in or on any of the waters of the state, except in accordance with waste
<br /> discharge requirements or other actions or provisions of this division, shall be liable civilly,
<br /> and remedies may be proposed, in accordance with subdivision (d) or(e) . . . .
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