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9 <br /> He asked, "What do you want from us?"Mr. Brannon continued"You can't keep doing <br /> this to us!" and"Your interpretation of the law is wrong."And"Have you even read <br /> this?"Mr. Brannon specifically mentioned the Department's "interpretation of the <br /> container laws,"and tried to hand a copy of the regulations that was obtained from the <br /> CIWMB to Jenni Frase. Jenni Frase did not take the offered copy of the law, and then <br /> explained that the container laws had been specifically addressed in previous inspection <br /> reports. Robert McClellon contacted Terry Smith of the CIWMB in order to clarify <br /> container law definitions. Those events had been documented in previous inspection <br /> reports. At that point, Ms. Frase suggested that Mr. Brannon pull out his copies of <br /> previous inspection reports in order to obtain a clear perception of the big picture. <br /> Mr. Brannon said something to the effect that EHD could not include the count of waste <br /> tires inside the Tri-C trailers, according to Mr. Brannon's interpretation of the law. <br /> Michael Kith then confirmed with Jenni Frase and informed Mr. Brannon that the tires <br /> inside the Tri-C trailers were not counted. Michael Kith added that in order for the tires <br /> not to be counted, the tires must be in road-worthy trailers and in the process of being <br /> transported, tires could not be stored there forever. Mr. Brannon claimed that the tire <br /> count was wrong after looking at the attachment A,which was submitted to EHD by <br /> Jaime Alvarez. Mr. Brannon claimed that"there's no such a thing as 27-foot trailers <br /> (referring to Attachment A); they don't exist." Mr. Brannon then asked Ms. Frase if she <br /> counted each tire inside of the trailers. Jenni Frase replied that the amount of tires inside <br /> of the trailers was estimated and that Jaime Alvarez was present at the time that <br /> estimations were made and the inspection reports reflected that the amounts had been <br /> estimated. Mr. Brannon insisted that the tire count was wrong, the information on <br /> attachment A was wrong and that the 27-foot trailer did not exist. Michael Kith informed <br /> Mr. Brannon that the amount of tires inside each trailer was provided by Jaime at the time <br /> of inspection, and the attachment A was submitted to EHD by Jaime Alvarez. Mr. <br /> Brannon used the walkie-talkie part of his phone to contact his manager, Jaime Alvarez. <br /> The conversation was on speaker-phone. Jaime Alvarez had just returned from <br /> Sacramento. Mr. Brannon explained to Mr. Alvarez that Jenni Frase and Michael Kith <br /> were in Mr. Brannon's office with inspection reports and asked Jaime to come to the <br /> office. Then Mr. Brannon asked what was the issue? Michael Kith responded that there <br /> were more that 500 tires on the flea market site during the initial inspection. On second <br /> inspection,those tires disappeared, and there was no written record of what happened to <br /> those tires. Mr. Brannon claimed that those tires were moved to the retread side less than <br /> 9 at a time, manifest was not required for that. Michael Kith asked what happened to <br /> those tires after they got to the retread side? Mr. Brannon responded, "They were <br /> recapped and sold." Michael Kith asked if Mr. Brannon had any document to support <br /> that. Mr. Brannon responded, "The law says we can haul 9 or less without the manifest, <br /> is this a local rule?" Michael Kith explained that it was not,but since the site had <br /> violation before the tires movement needed to be tracked. Michael Kith added, "I'm just <br /> using this as an example; I am not saying that you are doing this. If it sounds as if I am <br /> accusing you,I apologize, okay?"Michael Kith then continued to explain that in the <br /> event a trailer full of tires was illegally dumped on the side of the road, and the trailer in <br /> question matched the description of one of the trailers at this facility; it could be <br />