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b. SJCEHD should understand that Tuff Boy sells 95% plus to one customer and has <br /> no retail facility or plans for retail facility. <br /> Further comments based on discussion held on October 19, 2010. <br /> a. SJCEHD confirmed that Tuff Boy qualifies as both a new and a used tire dealer. <br /> SJCEHD further confirmed that as a used tire dealer, Tuff Boy can hold an unlimited <br /> quantity of good used tires as well as 1500 waste tires at any one time. SJCEHD <br /> further stated that this inventory can be made in combination of Tuff Boy owned and <br /> outside serviced customer owned tires while stored and under the management and <br /> control of Tuff Boy. SJCEHD also acknowledged that the majority of tires stored at <br /> the Tuff Boy facility were owned by serviced customers and would not be made <br /> available for sale. <br /> 10.Tuff Boy question submitted to SJCEHD on August 11, 2010. <br /> Will a change in how SJCEHD views Tuff Boy's business type, resulting from an <br /> additional categorical change as a tire dealer, create a situation that might cause <br /> additional use permit requirements or any other additional permit requirements to be <br /> mandated to Tuff Boy? <br /> SJCEHD response to Tuff Boy on August 19, 2010. <br /> A "tire dealer" is a classification that exempts a facility from obtaining a Waste Tire <br /> Facility Permit. Under this classification, a facility is allowed up to 1,500 waste tires on- <br /> site. However, if a facility has more than 1,500 waste tires on-site, the facility will be <br /> given a violation and a compliance deadline to either bring the number of waste tires <br /> down to under 1,500 or obtain a Waste Tire Facility Permit. <br /> Additional comments/questions by Tuff Boy submitted to SJCEHD on <br /> October 01, 2010: <br /> a. The SJCEHD does not address the important question of use permit or other <br /> permits needed or that will be required. The question presented is simply not <br /> answered or even responded to! <br /> Further comments based on discussion held on October 19, 2010. <br /> a. SJCEHD acknowledged that the property was being used as <br /> permitted and stated that they were not aware of any additional use permit <br /> requirements needed as a result of adding the tire dealer classifications to the waste <br /> tire permit. <br /> 11. Tuff Boy question submitted to SJCEHD on August 11, 2010. <br /> Should Tuff Boy be concerned about the potential to double or triple count the actual <br /> number of documented tires that are hauled between facilities, with the affect of skewing <br /> the total number of waste tires handled? <br /> SJCEHD response to Tuff Boy on August 19, 2010. <br /> The number documented tires that are hauled between facilities will not be double or <br /> triple counted. Only waste tires on-site will be counted. The waste tire manifesting <br /> system is for tracking the movement of waste tires and does not affect the counting of <br /> tires onsite. It will allow Cal Recycle and the EHD staff to determine tire movements and <br /> final deposition of tires coming and going from the site. <br /> Additional comments/questions by Tuff Boy submitted to SJCEHD on <br /> October 01, 2010: <br /> a. None <br /> Further comments based on discussion held on October 19, 2010. <br /> a. SJCEHD and Tuff Boy had no further discussion. <br /> 7 <br />