Northern California Record

Thursday, November 14, 2019

G&G Market allegedly failed to bring abandoned storage tank into compliance


By Noddy A. Fernandez | Jul 11, 2018

General court 10

FRESNO – A Fresno County business is alleged to have failed to comply with an order regarding an abandoned underground storage tank.

The People of the State of California filed a complaint on June 5 in the Fresno County Superior Court against Jose A. Garcia and Frances S. Garcia, individually and doing business as G&G Market, alleging unfair business competition

According to the complaint, on Nov. 22, 2013, the California State Water Board and the U.S. Environmental Protection Agency issued the defendants a notice of non-compliance and directive to take corrective action concerning the abandoned underground storage tank in Huron. The suit states as of May 2014, the defendants are still not in compliance.

The plaintiffs hold the defendants responsible because the defendants allegedly violated health and safety codes by abandoning or closing an underground storage tank and by not properly closing it.

The plaintiffs seek judgment of civil penalty of $500 to $5,000 for each day of violation, permanent injunction, order to pay costs of investigation, costs of suit, attorneys' fees, and such other and further relief as the nature of the case may require and as the court deems appropriate. They are represented by Lisa A. Smittcamp, district attorney in Fresno.

Fresno County Superior Court case number 18CECG01984

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