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I Ir,i 1". MVV 11 JJ I .VJ 1 14. RESPONDENT is in violation of under PRC section'section 42956 (a), which 2 provides that a used and waste tire hauler shall display a decal in the lower right hand corner 3 of the windshield of the vehicle. 4 15. RESPONDENT is in violation of PRC section 42961.5, which provides that a tire 5 dealer or waste tire generator shall complete, retain a copy, and forward the original Manifest 6 Form to the CIWMB. PENALTIES 8 16. The CIWMB's authority to assess administrative penalties against RODE 9 MONJTIJO, d.b.a. EL CAMINO TIRE as a waste tire hauler, is set forth in PRC Section 10 42962(b), which states in part, 11 "In addition to the civil penalty which may be imposed pursuant to subdivision 12 (a), the board may impose civil penalties administratively in an amount not to exceed five thousand dollars ($5,000.00) for each separate violation of a '13 separate provision or for continuing violations for each day that violation continues, for any person who intentionally or negligently violated any permit, 14 rule, regulation, standard, or requirement issued adopted pursuant to this 15 chapter. . . ." !16 17. Under this section, RESPONDENT is subject to a separate administrative 17 penalty of up to $5,000.00, for each occasion upon which they have hauled waste tires without 18 a valid Waste Tire Hauler Registration. 14 CCR section 18464 allows the imposition of 19 penalties ranging from $500.00 to$750.00 for the first time offense for hauling 21-40 0 waste/used tires per load as an unregistered waste tire hauler; $750.00 to$1,25000 for the 21 second offense; and $1,250.00 to $2,000.00 for the third offense. In addition, RESPONDENT 22 is subject penalties of$100-$500 for each occasion they failed to manifest waste tires and 23 $100 - $500 for each occasion they failed to place a decal on the vehicle. 24 18. In setting appropriate administrative penalties, the CIWMB has taken into 25 consideration the nature, extent and gravity of the violations, and the complete disregard of 26 applicable statute and regulation by RESPONDENT. The CIWMB now requests that 27 administrative penalty liability be imposed on RESPONDENT in the sum of Three Thousand 2$ Dollars ($3,000.00). -4- i