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CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY WASTE TIRE HAULER/MANIFESTING VIOLATIONS STIPULATION,DECISION,AND ORDER EXHIBIT 1 CALRECYCLE ENFORCEMENT ORDER NUMBER: 2014-000518-PEN RESPONDENT: Xavier Quality Tires 907 W Yosemite Ave Manteca, CA 95337 TIRE PROGRAM IDENTIFICATION NUMBER: 1553739-01 PUBLIC RESOURCES CODE (PRC) SECTION VIOLATED: §42951(a) TITLE 14,CALIFORNIA CODE OF REGULATIONS (CCR) VIOLATED: N/A DESCRIPTION OF VIOLATIONS: Between January 1, 2014 and February 6, 2014,Xavier Quality Tires either transported or allowed the transportation of at least five loads of 10 or more waste or used tires while not holding a valid 2014 Waste Tire Hauler Registration issued by CalRecycle. Despite being sent a registration reminder letter from CalRecycle in October 2013 (see Attachment A),a hauler cancellation letter dated January 2, 2014 (see Attachment B), and a phone call from staff on January 7,2014 to remind them not to haul waste or used tires prior to being issued a current 2014 decal and registration certificate, Xavier Quality Tires hauled at least five loads of 10 or more waste or used tires between January 1, 2014 and February 6, 2014 [see Attachment C, Comprehensive Trip Log(CTL) forms 5037578-C, 5037576-B, 5037574-A,C,and 5037575-B]. This hauler renewed their registration on February 6,2014. Pursuant to 14 CCR §18455(c),the hauler's renewal application must be received at CalRecycle at least 45 days prior to the January 151 expiration date, or November 16,2013. Upon review of the CTL forms, staff noted that the hauler had submitted CTLs to CalRecycle showing errors/omissions such as: incorrect decal number, missing load type, etc. which are violations of PRC §42961.5(c)(2). Since there have been no previous warnings given to the operator regarding these types of violations, CalRecycle will not be seeking penalties for these errors/omissions at this time. Please be advised that CalRecycle will be conducting a review of this hauler's CTL forms within six months and will seek penalties for any manifesting violations observed at that time. Listed in the table below is the current violation and penalty being assessed to the hauler. Pursuant to PRC §42951(a), every person who engages in the transportation of waste or used tires shall hold a valid waste and used tire hauler registration, unless exempt as specified in Section 42954. Comprehensive Violation Passenger Violation Date Penalty Trip Log Tire Assessed Equivalents 5037578-C Unregistered Tire Hauling,more than 100 waste or 165 January 10,2014 $500 used tires 5037576-B Unregistered Tire Hauling,between 41-100 waste or 56 January 10,2014 5350 used tires 5037574-A Unregistered Tire Hauling,more than 100 waste or 135 January 16,2014 $500 used tires 5037574-C Unregistered Tire Hauling,between 41-100 waste or 67 January 17,2014 S350 used tires 5