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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: 2014-000546-PEN <br /> RESPONDENT: MLTR <br /> 2513 Stern PI <br /> Stockton,CA 95206 <br /> TIRE PROGRAM IDENTIFICATION NUMBER: 1771973-01 <br /> PUBLIC RESOURCES CODE(PRC)SECTION VIOLATED: 42951(b) <br /> TITLE 14,CALIFORNIA CODE OF REGULATIONS(CCR)VIOLATED: N/A <br /> DESCRIPTION OF VIOLATIONS: <br /> Between August 13,2014 and October 6,2014,MLTR Company transported or allowed the transportation of four <br /> Ioads of waste tires to be delivered to a location not authorized by CalRecycle which is a violation of PRC <br /> 42951(b).The location is Used Tire Wholesale(UTW)located at 3650 Enterprise Avenue,Hayward,CA [Tire <br /> Program Identification(TPID)number 1781454].This site did not have a waste tire facility permit and was not <br /> authorized to accept and store more than 499 waste tires. <br /> On August 13,2014,MLTR Company transported or allowed the transportation of one load of 518 waste tires to <br /> be delivered to UTW(see Attachment A,CTL 5251806-C).On October 1,2014,MLTR Company transported or <br /> allowed the transportation of one load of.527 waste tires to UTW(see Attachment B,CTL 5307805-C). Lastly,on <br /> October 6,2014,MLTR Company transported or allowed the transportation of two loads of waste tires: 665 waste <br /> tires and 529 waste tires to UTW(see Attachment C, CTL 5307816-B&5307820-A, respectively). <br /> At the time of initial registration and subsequent yearly renewals,the waste tire hauler is provided with a copy of <br /> Title 14,California Code of Regulation(CCR)relating to the transportation and manifesting of waste/used tires. In <br /> these regulations, it clearly states that the hauler shall not deliver waste tires to a location not legally authorized to <br /> accept waste tires [14 CCR§18460.2(f)].Authorized locations are permitted major/minor waste tire facilities <br /> (WTF),permitted solid waste facilities,port locations,approved collection sites as defined by Title 14,California <br /> Code of Regulations,section 18450(ax8), or locations that have less than 500 waste tires. Listed in the table below <br /> are the violations and penalties being assessed to the hauler. The hauler had been penalized in 2012 (see <br /> Attachment D,SPL 2012-000340-PEN),therefore these will be second level penalties. <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, by statute,or by regulation,to <br /> accept waste and used tires,or to a facility that lawfully accepts waste or used tires for reuse or disposal. <br /> CTL Form Passenger <br /> Number Violation Load <br /> liate t Tire Penalty Assessed <br /> 5251806-C Trans ortin waste tires to an unauthorized location Aus13,2014 E uivalents <br /> 5307805-C Trans ortin waste tires to an unauthorized location October 1,2014 518 $1,000* <br /> 15307816-B Trans ortin waste tires to an unauthorized location October 6,2014 527 $1,000* <br /> 5307820-A Trans ortin waste tires to an unauthorized location October 6,2014 665 $1,000* <br /> "Second Level Penalties 529 $1,000 <br /> TOTAL MONETARY PENALTY: $4,000 NUMBER OF COUNTS: 4 <br /> Attachments enclosed. <br /> 5 <br />