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CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY <br />WASTE TIRE HAULER /MANIFESTING VIOLATIONS <br />STIPULATION, DECISION, AND ORDER <br />EXHIBIT 1 <br />CALRECYCLE ENFORCEMENT ORDER NUMBER: 2014 -000518 -PEN <br />RESPONDENT: Xavier Quality Tires <br />907 W Yosemite Ave <br />Manteca, CA 95337 <br />TIRE PROGRAM IDENTIFICATION NUMBER: 1553739-01 <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 />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. Despite being sent a registration reminder letter from CalRecycle in <br />October 2013 (see Attachment A), a hauler cancellation letter dated January 2, 2014 (see Attachment B), and a <br />phone call from staff on January 7, 2014 to remind them not to haul waste or used tires prior to being issued a <br />current 2014 decal and registration certificate, Xavier Quality Tires hauled at least five loads of 10 or more waste <br />or used tires between January 1, 2014 and February 6, 2014 [see Attachment C, Comprehensive Trip Log (CTL) <br />forms 5037578-C, 5037576-B, 5037574-A, C, and 5037575-B]. This hauler renewed their registration on February <br />6, 2014. Pursuant to 14 CCR §18455(c), the hauler's renewal application must be received at CalRecycle at least 45 <br />days prior to the January 1st expiration date, or November 16, 2013. <br />Upon review of the CTL forms, staff noted that the hauler had submitted CTLs to CalRecycle showing <br />errors/omissions such as: incorrect decal number, missing load type, etc. which are violations of PRC <br />§42961.5(c)(2). Since there have been no previous warnings given to the operator regarding these types of <br />violations, CalRecycle will not be seeking penalties for these errors/omissions at this time. Please be advised that <br />CalRecycle will be conducting a review of this hauler's CTL forms within six months and will seek penalties <br />for any manifesting violations observed at that time. Listed in the table below is the current violation and <br />penalty being assessed to the hauler. <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 />Comprehensive <br />Violation <br />Passenger <br />Violation Date <br />Penalty <br />Trip Log <br />Tire <br />Assessed <br />Equivalents <br />5037578-C <br />Unregistered Tire Hauling, more than 100 waste or <br />165 <br />January 10, 2014 <br />$500 <br />used tires <br />5037576-B <br />Unregistered Tire Hauling, between 41-100 waste or <br />56 <br />January 10, 2014 <br />S350 <br />used tires <br />5037574-A <br />Unregistered Tire Hauling, more than 100 waste or <br />135 <br />January 16, 2014 <br />$500 <br />used tires <br />5037574-C <br />Unregistered Tire Hauling, between 41-100 waste or <br />67 <br />January 17, 2014 <br />$350 <br />used tires <br />