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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />On March 16, 2015, CALRECYCLE issued an ADMINISTRATIVE COMPLAINT FOR <br />WASTE TIRE HAULER ADMINISTRATIVE PENALTIES (hereafter, "Administrative <br />Complaint") to RESPONDENT, which included penalties in the amount of $5,500.00. Effective <br />service of the Administrative Complaint was completed on March 27, 2015. RESPONDENT <br />was provided with 15 days from the date of receipt of the Administrative Complaint to request a <br />hearing and file a "Notice of Defense/Request for Hearing" with CALRECYCLE to refute the <br />allegations contained therein. RESPONDENT requested a hearing on April 13, 2015. A <br />hearing was scheduled for July 14, 2015, in Sacramento, California. <br />Pursuant to the Stipulation, and good cause appearing therefore, the following <br />Stipulated Factual Findings and Legal Conclusions of Law are made, and the following Order <br />is issued: <br />STIPULATED FACTUAL FINDINGS <br />1. A "Used or Waste Tire Hauler" or "Hauler" is defined as, "any person engaged in <br />the transportation of used or waste tires, or tire casings, including haulers that the Department <br />[CALRECYCLE] approved as exempt from registration pursuant to PRC section 42954." (Title <br />1 14 CCR section 18450(a)(37).) <br />2. The '`California Uniform Waste and Used Tire Manifest" is a form developed by <br />the Department [CALRECYCLE] pursuant to PRC section 42961.5 and is also referred to as <br />the "Comprehensive Trip Log" or "CTL." The CTL form is incorporated in the regulations by 14 <br />CCR section 18450(a)(11), and must be filled out completely and accurately, including <br />providing the Tire Program Identification (TPID) number for the location of delivery or pick-up <br />of each load of waste tires. <br />3. Pursuant to PRC section 42961.5(c)(2): <br />Any waste and used tire hauler hauling waste or used tires for <br />offsite handling, altering, storage, disposal, or any combination thereof, <br />shall complete the California Uniform Waste and Used Tire Manifest as <br />required by the board [CALRECYCLE]. The waste and used tire hauler <br />shall provide the manifest to the waste or used tire facility operator who <br />receives the waste or used tires for handling, altering, storage, disposal, <br />-z- <br />Decision — Valley Tire Distribution <br />