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1 , <br /> 2 ALLEGATIONS OF SPECIFIC VIOLATIONS <br /> 3 7. Rudy Montijo d.b.a. EI Camino Tires is in violation of PRC, section 42951, <br /> 4 <br /> which makes it unlawful, on or after January 1, 1995, to engage in the transportation of <br /> 5 <br /> waste tires unless holding a valid Waste Tire Hauler Registration, unless exempted as <br /> 6 <br /> 7 specified in PRC section 42954. <br /> 8 PENALTIES <br /> 9 8. PRC section 42962 gives the CIWMB authority to assess civil penalties <br /> 10 against Rudy Montijo d.b.a. EI Camino Tires as an unregistered waste tire hauler, <br /> 11 <br /> according to the penalty schedule set forth in and the CCR Title 14, section 18464. <br /> 12 <br /> 9. Under CCR section 18464, Rudy Montijo d.b.a. EI Camino Tires is subject to a <br /> 13 <br /> 14 separate civil penalty of up to five thousand dollars ($5,000.00), for each occasion upon <br /> 15 which they hauled waste tires without a valid Waste Tire Hauler Registration. <br /> 16 10. As required under CCR section 18464, in setting an appropriate civil penalty, <br /> 17 the CIWMB has taken into consideration that these violations constitute Rudy Montijo's <br /> 18 d.b.a. EI Camino Tires first offense as an unregistered waste tire hauler. The CIWMB <br /> 19 <br /> has also taken into consideration, as required, that Rudy Montijo d.b.a. EI Camino Tires <br /> 20 <br /> 21 hauled two loads consisting of between 30-40 tires in each load. Based on the <br /> 22 aforementioned considerations, the CIWMB requests that civil penalty liability be <br /> 23 imposed upon Rudy Montijo d.b.a. EI Camino Tires in the sum of $1,000. <br /> 24 RIGHT TO A HEARING <br /> 25 11. Pursuant to PRC section 42851(b), as a party named in this administrative <br /> 26 <br /> complaint, you are entitled to a hearing to refute the allegations contained herein. If <br /> 27 <br /> 28 <br /> 3 <br />