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CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY <br />WASTE TIRE IIAULER/MANIFESTING VIOLATIONS <br />STIPULATION, DECISION, AND ORDER <br />(YOU MUST SlGiV THE OTHER SIDE OF THLS PACE IF YOU ACCEPT THIS STIPULATION <br />Complainant, the California Department of Resources Recycling and Recovery (CalRecycle) and <br />Respondent(s) hereby agree that the stipulation will be a final resolution of the violations alleged below. The parties <br />stipulate to the following facts and violations of law: <br />CALRECYCLE ENFORCEMENT ORDER NUMBER: 2014 -000518 -PEN <br />RESPONDENT: Xavier Quality Tires <br />907 W Yosemite Ave <br />Manteca, CA 95337 <br />PUBLIC RESOURCES CODE (PRC) SECTION VIOLATED: §42951(a) <br />TITLE 14, CALIFORNIA CODE OF REGULATIONS (CCR) VIOLATED: N/A <br />DESCRIPTION OF VIOLATIONS: <br />C;E3 VEI) <br />JUN - a 2014 <br />BY RCCoUNT1NG <br />Between January 1, 2014 and February 6, 2014, Xavier Quality Tires either transported or allowed the <br />transportation of at least five loads of 10 or more waste or used tires while not holding a valid 2014 Waste Tire <br />Hauler Registration issued by CalRecycle which is a violation of PRC §42951(a). <br />Pursuant to PRC §42951(a), every person who engages in the transportation of waste or used tires shall hold a valid <br />waste and used tire hauler registration, unless exempt as specified in Section 42954. <br />DATE(S) OF VIOLATION: January 10, (2 counts), 16, 17, and 24, 2014 <br />STIPULATION DUE DATE: 15 DAYS FROM THE DATE OF SERVICE <br />TOTAL MONETARY PENALTY: $2,050 NUMBER OF COUNTS: 5 <br />STATEMENT BY RESPONDENT(S): <br />I acknowledge that the violation(s) of the Public Resources Code and/or Title 14, California Code of <br />Regulations (CCR) described above and on Exhibit 1 attached, have occurred and request that the California <br />Department of Resources Recycling and Recovery resolve this matter by imposition of the monetary penalty <br />specified above. I acknowledge receipt ofthe Statement of Respondent's Rights at the bottom of this form and <br />voluntarily waive any and all procedural rights to contest this matter in an Administrative Hearing. I have enclosed <br />a check or money order made payable to the California Department of Resources Recycling and Recovery in the <br />amount of the penalty described above. I understand that if there are not sufficient funds in my bank account when <br />the check is deposited, CalRecycle has the discretion to detennine that this agreement is null and void, and can <br />prosecute this allegation as if no agreement has been executed. <br />RESPONDENT has freely and voluntarily entered into this Stipulation, Decision, and Order (hereinafter <br />"Stipulation"), and has been afforded the opportunity to consult with counsel prior to entering into this Stipulation. <br />It is expressly understood and agreed that no representations or promises of any kind, other than as contained <br />herein, have been made by any party to induce any other party to enter into this Stipulation, and that said <br />Stipulation may not be altered, amended, modified, or otherwise changed except by a writing executed by each of <br />the parties hereto. <br />This Stipulation constitutes the entire understanding of the parties concerning the settlement of this <br />proceeding. There arc no restrictions, promises, warranties, covenants, undertakings, or representations other than <br />those expressly set forth herein or contained in separate written documents delivered or to be delivered pursuant <br />