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1 The San Joaquin Environmental Health Department issued a Letter of Violation to the <br /> 2 Property Owner/Operator on July 6, 2006 requiring the tires to be removed by August 6, 2006; <br /> 3 and <br /> 4 The San Joaquin Environmental Health Department and CIWMB inspected this site on <br /> 5 August 16, 2006 and determined that more than 1,500 waste tires still remain on site; the San <br /> 6 Joaquin Environmental Health Department conducted a follow up inspection on September 21, <br /> 7 2006 and determined more than 1,500 tires still remain; and <br /> 8 The Operator of this site has not acquired a waste tire facility permit for this site; and <br /> 9 This site is in violation of Title 14, California Code of Regulations (CCR), section <br /> 10 18420(a)(7)(e) - Applicability, which requires every Operator of a major or minor waste tire <br /> 11 facility (WTF) that stores, stockpiles, accumulates or discards waste tires to acquire a Permit; <br /> 12 and <br /> 13 This site is in violation of Title 14, CCR, section 18423 — Filing of Application, which <br /> 14 requires every operator of a major or minor WTF to submit a completed Permit application; and <br /> 15 Since this site is deemed a "Waste Tire Facility" under the PRC section 42808, this site <br /> 16 is also subject to the same safety and security measures to which a permitted facility is <br /> 17 subject. These requirements are set forth in "Exhibit A" to this order; and <br /> 18 The CIWMB has the authority to order WTF Operators who are in violation of the <br /> 19 aforementioned law to clean up waste tire piles, abate the effects thereof, or otherwise <br /> 20 remediate a case of threatened pollution or nuisance pursuant to PRC section 42845(a); and <br /> 21 The CIWMB has the authority to seek administrative penalties of not less than five <br /> I <br /> 22 hundred dollars ($500) and up to ten thousand dollars ($10,000) for each violation of a <br /> 23 separate provision or, for continuing violations, for each day that the violation continues, <br /> 24 against any person who violates any provision of this chapter, or any permit, rule, regulation, <br /> 25 standard, or requirement issued or adopted pursuant to this chapter as provided in PRC <br /> 26 section 42850 and 42850.1(b)(2); <br /> 27 <br /> 28 <br /> -2- <br />