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a a <br /> CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY <br /> WASTE TIRE HAULER/MANIFESTING VIOLATIONS <br /> STIPULATION,DECISION,AND ORDER <br /> (YOU MUST SIGN THE 0T11F_R SIDE OF THIS P4 GE 1F YOV.4 CCEPT THIS STIPULATIOeV) <br /> Complainant,the California Department of Resources Recycling and Recovery(CalRecycle)and <br /> Respondent(s)hereby agree that the stipulation will be a final resolution of the violations alleged below.The parties <br /> stipulate to the following facts and violations of law: <br /> CALRECYCLE ENFORCEMENT ORDER NUMBER: 2014-000518-PEN <br /> RESPONDENT: Xavier Quality Tires <br /> 907 W Yosemite Ave <br /> Manteca,CA 95337 <br /> PUBLIC RESOURCES CODE(PRC)SECTION VIOLATED: §42951(a) <br /> TITLE 14,CALIFORNIA CODE OF REGULATIONS(CCR)VIOLATED:N/A <br /> DESCRIPTION OF VIOLATIONS: <br /> Between January 1,2014 and February 6,2014,Xavier Quality Tires either transported or allowed the <br /> transportation of at least five loads of 10 or more waste or used tires while not holding a valid 2014 Waste Tire <br /> Hauler Registration issued by CalRecycle which is a violation of PRC§42951(a). <br /> Pursuant to PRC §42951(a),every person who engages in the transportation of waste or used tires shall hold a valid <br /> waste and used tire hauler registration,unless exempt as specified in Section 42954. <br /> DATE(S)OF VIOLATION:January 10,(2 counts), 16, 17,and 24,2014 <br /> STIPULATION DUE DATE: 15 DAYS FROM THE DATE OF SERVICE <br /> TOTAL MONETARY PENALTY: $2,050 NUMBER OF COUNTS: 5 <br /> STATEMENT BY RESPONDENT(S): <br /> I acknowledge that the violation(s)of the Public Resources Code and/or Title 14,California Code of <br /> Regulations(CCR)described above and on Exhibit 1 attached,have occurred and request that the California <br /> Department of Resources Recycling and Recovery resolve this matter by imposition of the monetary penalty <br /> specified above.I acknowledge receipt of the Statement of Respondent's Rights at the bottom of this form and <br /> voluntarily waive any and all procedural rights to contest this matter in an Administrative Hearing. I have enclosed <br /> a check or money order made payable to the California Department of Resources Recycling and Recovery in the <br /> amount of the penalty described above. I understand that if there are not sufficient funds in my bank account when <br /> the check is deposited,CalRecycle has the discretion to determine that this agreement is null and void,and can <br /> prosecute this allegation as if no agreement has been executed. <br /> RESPONDENT has freely and voluntarily entered into this Stipulation,Decision,and Order(hereinafter <br /> "Stipulation"),and has been afforded the opportunity to consult with counsel prior to entering into this Stipulation. <br /> It is expressly understood and agreed that no representations or promises of any kind,other than as contained <br /> herein,have been made by any party to induce any other party to enter into this Stipulation,and that said <br /> Stipulation may not be altered,amended,modified,or otherwise changed except by a writing executed by each of <br /> the parties hereto. <br /> This Stipulation constitutes the entire understanding of the parties concerning the settlement of this <br /> proceeding. There are no restrictions,promises,warranties,covenants,undertakings,or representations other than <br /> those expressly set forth herein or contained in separate written documents delivered or to be delivered pursuant <br /> 1 <br />