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STATEMENT OF FACTS <br /> 2 1. The CIWMB has authority to regulate and conduct enforcement actions regarding <br /> 3 Waste Tire Haulers within the State of California under PRC section 42950 et seq. and <br /> 4 attendant regulations contained in Title 14 of the California Code of Regulatfons (CCR). <br /> 5 2. RESPONDENT, the Operator of four tire stores in San Joaquin County, d/b/a EL <br /> 6 CAMINO TIRE, is responsible for the transportation of waste or used tires by a person not <br /> 7 holding a valid CIWMB Waste and Used Tire Hauler Registration. <br /> 8 3. On or about January 15, 2004, and February 5. 2004, inspectors for the San <br /> 9 Joaquin County Department of Environmental Health (DEN), inspected the EL CAMINO TIRE <br /> 10 store and the property located at 48 E. Charter Way in Stockton. On each of these dates, EL <br /> 11 CAMINO TIRE failed to produce CA Uniform Waste and Used Tire Manifests when asked for <br /> 12 them; and failed to complete and maintain copies of manifests violating Public Resources <br /> 13 Code section PRC section 42961.5, and failed to use a registered waste tire hauler to transport <br /> 14 more than nine used or waste tires violating Public Resources Code section 42961.5. <br /> 15 5. On April 2, 2004, the San Joaquin Environmental Health Department conducted <br /> ..16 an office hearing to discuss the violations and to allow RESPONDENT to show cause why <br /> 17 further legal action against him should not be commenced. During the hearing, <br /> ;18 RESPONDENT agreed to haul less than 10 (ten) tires at a time or use a registered hauler. <br /> 19 6. On July 12. 2004, and August 16, 2004, DEH inspectors inspected the EL <br /> 20 CAMINO TIRE store and the property located at 400 E. Lodi Avenue in the City of Lodi. On <br /> 21 each of these dates, EL CAMINO TIRE failed to produce manifests when asked for them, <br /> 22 failed to complete and maintain copies of manifests, and failed to use a registered waste tire <br /> 23 hauler to transport more than nine used or waste tires violating Public Resources Code section <br /> ,24 42961.5. <br /> 25 7. RESPONDENT illegally transported waste tires without CIWMB waste tire hauler <br /> ;26 registration in violation of PRC section 42954, on at least four occasions: <br /> .27 <br /> 28 <br />