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I II",I 1" GVV I 11 JJ I VJ <br /> 1 14. RESPONDENT is in violation of under PRC section zection 42956 (a), which <br /> 2 provides that a used and waste tire hauler shall display a decal In the lower right hand corner <br /> 3 of the windshield of the vehicle. <br /> 4 15. RESPONDENT is in violation of PRC section 42961.5, which provides that a tire <br /> 5 dealer or waste tire generator shall complete, retain a copy, and forward the original Manifest <br /> 6 Form to the CIWMB. <br /> 7 PENALTIES <br /> 8 16. The CIWMI3's authority to assess administrative penalties against RODE <br /> 9 MONJTIJO, d.b.a. EL CAMINO TIRE as a waste tire hauler, is set forth in PRC Section <br /> 10 42962(b), which states in part, <br /> 11 "In addition to the civil penalty which may be imposed pursuant to subdivision <br /> i 2 (a), the board may impose civil penalties administratively in an amount not to <br /> exceed five thousand dollars ($5,000.00) for each separate violation of a <br /> 13 separate provision or for continuing violations for each day that violation <br /> continues, for any person who intentionally or negligently violated any permit, <br /> 14 rule, regulation, standard, or requirement issued adopted pursuant to this <br /> '15 chapter. . . ." <br /> 16 17. Under this section, RESPONDENT is subject to a separate administrative <br /> 17 penalty of up to $5,000.00, for each occasion upon which they have hauled waste tires without <br /> 18 a valid Waste Tire Hauler Registration. 14 CCR section 18464 allows the imposition of <br /> 19 penalties ranging from$500.00 to$750.00 for the first time offense for hauling 21-40 <br /> 20 waste/used tires per load as an unregistered waste tire hauler; $750.00 to $1,25000 for the <br /> 21 second offense; and $1,250.00 to $2,000.00 for the third offense. In addition, RESPONDENT <br /> 22 is subject penalties of$100 -$500 for each occasion they failed to manifest waste tires and <br /> 23 $100 - $500 for each occasion they failed to place a decal on the vehicle. <br /> 24 18. In setting appropriate administrative penalties, the CIWMB has taken into <br /> 25 consideration the nature, extent and gravity of the violations, and the complete disregard of <br /> 26 applicable statute and regulation by RESPONDENT. The CIWMB now requests that <br /> 27 administrative penalty liability be imposed on RESPONDENT in the sum of Three Thousand <br /> ?$ Dollars ($3,000.00). <br /> ti <br /> -4- <br /> 1 <br />