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A7 <br />STATE OF CAMORN1A UND G. BROWN JR., Governor <br />AIR RESOURCES BOARD®V q 1UU <br />1102 0 STREET 13 1,818 <br />P.Q. BOX 2815 n� <br />SACRAMENTO, CA 95812 Jn�V �C�I�Qtj/N <br />R <br />HEA1--rH D1 -S -O T L <br />Mr. Charles D. Shupack <br />The Learner _Company <br />Plant Manager <br />2711 Navy Drive <br />Stockton, CA 95203. <br />Dear Mr. Shupack: <br />November 9,1978 <br />CERTIFIED PAIL 17099 <br />Return Receipt Requested <br />Subject: Violation of Open Burning Rule <br />As you know, Mr. Gregory Cook of my staff met with <br />you on November 6, 1978 to discuss the problem of obnoxious <br />smoke emanating from several piles of primarily nonmetallic <br />waste resulting from your automobile shredding operation. <br />This letter is to inform you that you are in violation <br />of Section 41800 of the California Health and Safety Code and <br />Rule 415 of the San Joaquin County Air Pollution Control <br />District Rules and Regulations. <br />As Mr. Cook discussed with you, the violations may <br />be turned over to the Attorney General of the State of California. <br />Thus, you could be subject to civil penalties -up to $500 per <br />day of violation plus the cost of abating the fire or criminal <br />penalties which could result in a $500 fine per day plus a <br />jail sentence up to six months. Also, the Air Resources Board <br />will retain the option of referring the case to the Environmental <br />Protection Agency which could result in fines up to $25,000 <br />Der day. <br />I understand that the District Attorney of San Joaquin <br />County is currently in the process of preparing a case based <br />on violations of District Rule 415 that occurred on October 6, <br />10 and 11, 1978. Please be aware that any violation prior to <br />October 6, 1978 and subsequent to October 11, 1978 will be <br />considered as separate offenses. <br />Therefore, it would appear that you should abate the <br />fire more expeditiously than the 60 days you feel it will take <br />to remove the debris to the dump site leased by your company <br />near 3200 E1 Dorado Street. Furthermore, you will also be liable <br />for any violation of the aforementioned rules if the debris <br />is still smoldering and creates a violation of the open <br />burning regulations. <br />Yo <br />7 -fes <br />�' 11 <br />