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Y <br /> CALIFORNIA DEPi-%..__NIENT OF RESOURCES RECYC-_.,G AND RECOVERY <br /> WASTE TIRE HAULER/MANIFESTING VIOLATIONS <br /> STIPULATION,DECISION,AND ORDER <br /> Complainant,the California Department of Resources Recycling and Recovery(CDRRR)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 /> CDRRR ENFORCEMENT ORDER NUMBER: 2012-000379-PEN <br /> RESPONDENT: Tire Hauler and Recyclers,Inc. <br /> 6431 East Cherokee Road <br /> Stockton, CA 95215 <br /> PUBLIC RESOURCES CODE(PRC) SECTIONS VIOLATED: §4295l(b)and §42961.5 (c)(2) <br /> TITLE 14,CALIFORNIA CODE OF REGULATIONS(CCR)VIOLATED:N/A <br /> DESCRIPTION OF VIOLATIONS: <br /> On or before March 6,2012, Tire Hauler and Recyclers,Inc.,allowed the transportation of at least one load of <br /> waste/used tires to be delivered to a location not authorized by CDRRR which is a violation of PRC 42951(b). Tire <br /> Hauler and Recyclers,Inc.also failed to complete and/or submit Comprehensive Trip Log(CTL)forms to <br /> CDRRR for deliveries of waste/used tires as required by PRC §42961.5 (c)(2). <br /> Pursuant to PRC § 42951(b),A registered waste and used tire hauler shall only transport waste or used tires to a <br /> facility that is permitted,excluded, exempted,or otherwise authorized by the board(Department),by statute,or by <br /> regulation, to accept waste and used tires, or to a facility that lawfully accepts waste or used tires for reuse or <br /> disposal. <br /> Pursuant to PRC §42961.5(cx2)Any waste and used tire hauler hauling waste or used tires for offsite handling, <br /> altering,storage, disposal,or any combination thereof, shall complete the California Uniform Waste and Used Tire <br /> Manifest as required by the board(Department). The waste and used tire hauler shall provide the manifest to the <br /> waste or used tire facility operator who receives the waste or used tires for handling, altering,storage,disposal,or <br /> any combination thereof.Each waste and used tire hauler shall submit to the board(Department),on a quarterly <br /> schedule,a legible copy of each manifest. The copy submitted to the board(Department)shall contain the <br /> signatures of the generator and the facility operator. <br /> DATE(S) OF VIOLATION: On or before March 6,2012 (2 counts) <br /> STIPULATION DUE DATE: 15 DAYS FROM THE DATE OF SERVICE <br /> TOTAL MONETARY PENALTY: $550 NUMBER OF COUNTS: 2 <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 of the 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, CDRRR has the discretion to determine that this agreement is null and void, and can <br /> prosecute this allegation as if no agreement has been executed. <br /> 1 <br />