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44an Joaquin County so DIRECTOR <br /> Environmental Health Department Donna Hera RENS <br /> �o._�• .co p ASSISTANT DIRECTOR <br /> 600 East Main Street Laurie Cotulla,REHS <br /> Stockton, California 95202-3029 PROGRAM COORDINATORS <br /> • liiL7 - Carl Borgman, REHS <br /> �! Mike Huggins, REHS, RDI <br /> cq i F oRcWebsite: www.sjgov.org/ehd Margaret Lagorio, RENS <br /> Phone: (209)468-3420 Robert McClellon,REHS <br /> Fax: (209) 464-0138 .teff Carruesco,REHS, RDI <br /> Kasey Foley,REHS <br /> NOTICE TO ABATE IMMEDIATELY <br /> September 8, 2008 SEP 0 9 2008 <br /> Mary Jane Bragato TR <br /> 55 E. 20th Ave#212 <—CW>> C�S <br /> San Mateo, CA 94403 <br /> Douglas S. Srulowitz G—� - <br /> Law Offices of Douglas S. Srulowitz <br /> 1746 Grand Canal Blvd. <br /> Stockton, CA95207 <br /> Re: Waste Tires (San Joaquin County Solid Waste Ordinance Code, Sections 5-2400, 5- <br /> 2402, and 5-2403). <br /> On August 15, 2008, at the address of 3132 Farmington Rd., Stockton, California, a <br /> routine waste tire inspection was performed. It was noted at that time that there <br /> approximately 420 waste tires stored in a semi truck trailer. It was also noted that there <br /> were at least 100 tires that were stacked in various places on the property. At the time of <br /> the inspection with Mr. Bywater's attorney, Douglas S. Srulowitz the stacked tires were <br /> classified as "used" tires and were not included in the waste tire count. The California <br /> Public Resources Code defines a"used tire" as follows: <br /> PRC section 42806.5. "Used tire"means a tire that meets all of the following requirements: (a)The tire is no longer <br /> mounted on a vehicle but is still suitable for use as a vehicle tire. (b) The tire meets the applicable requirements of the <br /> Vehicle Code and Title 13 of the California Code of Regulations. (c)(]) The used tire is ready for resale, is stored by <br /> size in a rack or a stack not more than two rows wide, but not in a pile, and is stored in accordance with local fire and <br /> vector control requirements and with state minimum standards. (2)A used tire stored pursuant to this section shall be <br /> stored in a manner to allow the inspection of each individual tire. <br /> Additionally, the California Code of Regulations defines a "used tire dealer" as follows: <br /> CCR Title 14 Section 17225.820. "Used Tire Dealer"means a business, operating under the terms and conditions of a <br /> local use permit, business license or other required local approval, which is storing used tires in accordance with PRC <br /> section 42806.5, and for which its primary purpose is to sell used tires for profit. <br /> Page 1 of 2 <br />