Factual Background1.
The Certified United Program Agency (CUPA) for San Luis Obispo County (County) is the county agency responsible for enforcing five hazardous waste and hazardous materials regulatory programs, including the underground storage tank (UST) program discussed herein. Aaron LaBarre is the Supervising Environmental Health Specialist with the CUPA. Linnea Faulkner is an Environmental Health Specialist III with San Luis Obispo County Environmental Health Services (EHS), and works in the CUPA program to ensure compliance with state, federal, and local regulations as they apply to (among other things) UST.
Beginning in 2006, EHS employees observed a series of violations at facilities (the Facilities) owned by Plaintiff Bay Area/Diablo Petroleum Company dba Golden Gate Petroleum (Golden Gate). On August 8, 2011, Golden Gate entered into a Consent Decree with several California counties imposing fines for violations at its Facilities, including four facilities in San Luis Obisp