Preview
» Hed
Superior Court of California,
Sacramento
DIANE KIYOTA, Senior Attorney, SBN 198480 08/27/2023
—
California Air Resources Board baldwil
P.O. Box 2815
WON
Sacramento, California 95812-2815 By ss(Cs: De pity
Telephone: (916) 322-2654
ND
Attorney for Plaintiff 23CVO0T257
WA SP
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
5 ) Case number:
CO.
CALIFORNIA AIR RESOURCES BOARD, )
Plaintiff
oOo
)
Vv. ) CERTIFICATION OF CITATION
JULIO ARTURO CRUZ VILLA DBA OSOS '
TRANSPORT,
mm
Defendant )
pe
1. I, Alex Wang, am employed as a hearing officer in the Hearing Office for the
California Air Resources Board. In that capacity, I conduct hearings requested by owners of heavy-
pee
duty motor vehicles who have received citations for operation of a vehicle in violation of Health
and Safety Code section 44011.6 and California Code of Regulations, Title 13, section 2180, et seq.
eee
These Hearings are conducted in accordance with the provisions of Health and Safety Code section
44011.6, subdivision (1), and California Code of Regulations, Title 17, section 60075.1, et seq.
2. At the time of citation number S01040621004CXCSDAP, Health and Safety Code
section 44011.6, subdivision (1), provided that any cited owner could request an administrative
Be
hearing within 45 days allowing either personal service or certified mail receipt of the citation.
3. Citation number S01040621004CXCSDAP, a true and correct copy of which is
attached, was sent by certified mail to the defendant. The Hearing Office of the California Air
Resources Board did not receive a request by the defendant for a hearing by May 1, 2021, the last
BR
day after service of the citation to make such request. Therefore, pursuant to Health & Safety Code
section 4401 1.6 (I) et seq., the citation is deemed to be a final order and not subject to review by any
Ree
court or agency.
I certify under penalty of perjury that the foregoing is true and correct.
Be
27 DATED: May 31, 2023 Abn Wamg-
ALEX WANG ©
HEARING OFFICER
CERTIFICATION OF CITATION
CALIFORN ED~ 063 (REV
IA
— 1/18) -O1S
a LAIR TREES. es
e TIME 11:1-t 1 am
bike 04 ; 06 ; 2021
_ CITATIO (Month) Bay
N Notice of Viol ni eeteek (Year}
ation - CONTACT INFO
oe - RMATION
(916) 322-8275
Sacramento
s 2000 Kenworth RAILER (
VEHICLE VIN | 701 L
a
[TRUCK & TRAILER
cI
F=9 Trainee vin
IX KA es ti
Teer A
DR OX1YR838045
; LICENS
9D99754
E PATE NuwiaEa
(LI So
USsbOoT TRU EQUIPMENT SERIAL NO.
TCA Ai
3066010 | 9099754
lux _
i" ,
58107 bi
ENGINE: [Truck Ll Tru TC]=| OFF-Ro
ab Equipme
1999 Detroit Dies
el
REGISTERED Ow
ner / Company.
CoMpany NAME
First Name
Julio | Osos Transport
Address
° Middle initial
Last Name ST
-
: A i___Cruz Villa
9938 Via De La Am
sity istad | BUSINESS PHONE
Cell Phone FAX
San Diego |_ (619) 930- -0437 Tee
RUCRS 1 Post al Code
CA
160377 |
iTRUCRS 2 ’ i Country
{TRUCRS 3 92154 I
{DOORS 1
{DOORS 2 United States
“JOrcRatoR Moto
r Carrier SHIPPER
IDOORS 3
7pPrvers Lic
License Number C]
Cargo Tracking or Contai [UJreceiver [ ]Broxer INFORMATIO
ner No. N Oo EES
ST Name BCNO21 1637 nee Sa ee
es ——
Julio Per
ame
a State ee
ee
DRESS Mx
ener A Cruz Villa
eo S e
a
ee ee
ee
tyName
“aa 7 ~ | |
‘oun
Fe
et
- I Entity MC Number
es
Bape rare,
[enn entre
SI IE
nt en vite
lalate
ere Sn
ements
-below has been
documented | for
the ‘above-refer
ae MIVIOLATION ,
SR SESCRIPTION.
S01 Exceeds Smoke i : — iow Der — 3
O
-Months (HDVIP)
1 cf acknowledge
receipt of this Ci
STOR {Signature) tation/NOy”
SIGNATURE (Owner za
or Operator)
pe Nigra) 4/6/2021 [ Re-nspection
BUTION: WHITE: OFFics Fite
eT INSPECTOR {Print Nam
e)
Copy
CANARY: DRivER's Copy
PINK: REGISTERED
Qumn'a o
AIR RESOURCES BOARD
How to Clear Your Gitation
owner/driver/motor carrier of the véhicle/equipment ‘cited will receive notification by mail with
The registered
clear the
information on the penalty amount for each. violation as authorized by applicable law, and how to
time you have to clear the Citation/NOV _ before
Citation/Notice of Violation (NOV), including the period of
or civil actions are taken by the Air Resources Board. If you wish: to receive more information
- administrative
number.on upper
regarding the issuance of this citation please cantact the Enforcement Division at the telephone
of this citation. «0.0.00 We ~s
right corner on the front ee nera es is a en
> ATCM & OTHER VIOLATIONS (INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING REGULATIONS)
Air Toxic CONTROL MEASURE : .
e 2025 TRUCK & BUS © 2477 TRANSPORTATION REFRIGERANT UNIT © 2027 DRAYAGE TRUCK
VEHICLE
@ 2449 OFF-ROAD EQUIPMENT © 2485 COMMERCIAL VEHICLE IDLING @ 2021.2 SOLID WASTE COLLECTION
@ 95300-12 HEAVY DUTY VEHICLE GREEN House GAS @ 2022.1 PuBLic AGENCY & UTILITIES
do the following:
To Clear an ATCM Citation: You must, within 30 calendar days from the date of this citation
e Pay the penalty stated in the citation notification letter that you will receive in the mail, and
that was violated.
e Provide proof, if required, that the vehicle or fleet has been brought into compliance with regulation
submit your appeal to the ARB
Citation Review: If you feel that your citation was issued incorrectly and you wish to have it reviewed,
30 days from receiving this citation,
Enforcement Division Har, Citation Review, P.O. Box 2815, Sacramento, CA 95812 in writing within
was personally delivered (when the citation was handed to the vehicle operator) or by mail. Include your citation
either at the time the citation
supporting documentatio n. If this matter is not resolved, civil or
number, contact information, reason for appealing the citation, and any
administrative action may be taken by the ARB to enforce this citation. .
> HDVIP
Heavy-Duty VEHICLE INSPECTION PROGRAM
® 2183 EMISSIONS CONTROL LABEL © 2183 TAMPERING © 2184 REFUSE INSPECTION
@ 2182 EXCESSIVE SMOKE
(when the citation was handed to the
To Clear a Citation: You must, within 45 calendar days from the date that you were personally served
vehicle operator) or mailed, whichever occurred earlier, do one of the following:
e Pay the civil penalty as set forth in 13 CCR 2180-2189 and provide proof of correction as follows:
label has been installed.
- For ECL, provide a copy of the invoice from the engine dealer that clearly shows that the
provide a passing opacity test or documentation showing transfer of vehicle ownership if the vehicle has been
- For Excessive Smoke,
sold or documentation showing that the vehicle is non-operational if it has been junked.
- For Tampering, a‘copy of a valid repair order showing which parts were replaced.
a total penalty of $800.
e If corrective action is not taken within the 45 day period you must pay an additional penalty of $500 for
a judge, you must notify the
To Request a Hearing: |f you feel that your citation was issued incorrectly and you wish to request a hearing before
CA 95812 in writing within 45 days
ARB’s Administrative Hearing Office at ARB Administrative Hearing Office, P.O. Box 2815, Sacramento, or by mail.
either at the time you were personally served (when the citation was handed to the vehicle operator)
from receiving this citation,
at www.arb.ca.gov/enfedforms/req_hearing.pdf or
e You may, but are not required to, use the ARB’s “Request for Hearing” form available on-line
request from the ARB's Administrative Hearing Office at (916) 322-2884. The information listed below must be provided:
upon
- Acopy of the citation and the date and method the citation was served (personal or by mail)
- Yourname, address, and telephone number
- Reason(s) you are contesting the citation and any supporting facts and contentions
attomey, at your own expense; and if
© You have the right to represent yourself or to retain a representative, who is not required to be an
days of receipt of this citation, the citation shall be
necessary, you have the right to an interpreter. If you do not request a hearing within 45 j
please refer to the administrative hearing process
deemed a final order and not subject to review by any court or agency. For more information,
from the ARB Administrative Hearing Office.
procedures in Title 17, California Code of Regulations §60075.1, et seq. Copies are available
a
be taken by the ARB to enforce this Citation/NOV, in
Delinquent Citations/ NOVs: If this matter is not re solved, civil or administrative action may
addition to the following actions noted below.
the ARB to request the Department of Motor
1° Department of Motor Vehicle Registration Refusal: California Vehicle Code §4755 authorizes
vehicles that have outstanding violations.
3 Vehicles to refuse registration, renewal, or transfer of registration for any commercial motor
Court of Sacramento County for the unpaid civil
4 e Judgment in Amount of Civil Penalty: The ARB can obtain a judgment from the Superior
judgment includes the civil penalty and additional court
penalty for HDVIP violations. As authorized by Health and Safety Code §44011.6 (m), the
g fees.
civil penalty in a timely manner, the ARB may
4 Vehicle Removed from Service: If you fail to take the required corrective action and/or pay a
service and order the vehicle stored until
request the California Highway Patrol under California Vehicle Code §27159 to remove the vehicle from :
by the ARB.
payment of civil penalty is received:
Detailed information, including California Air Pollution Laws and Regulations, can be viewed at: www.arb.ca.qov
and exposure to air contaminants through the fair,
The Enforcement Division seeks to protect public health and the environment by maximizing reductions in emissions of air contaminants
ARB jurisdiction, and by providing training and comphance assistance.
consistent and comprehensive enforcement of statutory and regulatory requirements for sources of air pollution under == osp 13 129772
Preview
» Hed Superior Court of California, Sacramento DIANE KIYOTA, Senior Attorney, SBN 198480 08/27/2023 — California Air Resources Board baldwil P.O. Box 2815 WON Sacramento, California 95812-2815 By ss(Cs: De pity Telephone: (916) 322-2654 ND Attorney for Plaintiff 23CVO0T257 WA SP SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO 5 ) Case number: CO. CALIFORNIA AIR RESOURCES BOARD, ) Plaintiff oOo ) Vv. ) CERTIFICATION OF CITATION JULIO ARTURO CRUZ VILLA DBA OSOS ' TRANSPORT, mm Defendant ) pe 1. I, Alex Wang, am employed as a hearing officer in the Hearing Office for the California Air Resources Board. In that capacity, I conduct hearings requested by owners of heavy- pee duty motor vehicles who have received citations for operation of a vehicle in violation of Health and Safety Code section 44011.6 and California Code of Regulations, Title 13, section 2180, et seq. eee These Hearings are conducted in accordance with the provisions of Health and Safety Code section 44011.6, subdivision (1), and California Code of Regulations, Title 17, section 60075.1, et seq. 2. At the time of citation number S01040621004CXCSDAP, Health and Safety Code section 44011.6, subdivision (1), provided that any cited owner could request an administrative Be hearing within 45 days allowing either personal service or certified mail receipt of the citation. 3. Citation number S01040621004CXCSDAP, a true and correct copy of which is attached, was sent by certified mail to the defendant. The Hearing Office of the California Air Resources Board did not receive a request by the defendant for a hearing by May 1, 2021, the last BR day after service of the citation to make such request. Therefore, pursuant to Health & Safety Code section 4401 1.6 (I) et seq., the citation is deemed to be a final order and not subject to review by any Ree court or agency. I certify under penalty of perjury that the foregoing is true and correct. Be 27 DATED: May 31, 2023 Abn Wamg- ALEX WANG © HEARING OFFICER CERTIFICATION OF CITATION CALIFORN ED~ 063 (REV IA — 1/18) -O1S a LAIR TREES. es e TIME 11:1-t 1 am bike 04 ; 06 ; 2021 _ CITATIO (Month) Bay N Notice of Viol ni eeteek (Year} ation - CONTACT INFO oe - RMATION (916) 322-8275 Sacramento s 2000 Kenworth RAILER ( VEHICLE VIN | 701 L a [TRUCK & TRAILER cI F=9 Trainee vin IX KA es ti Teer A DR OX1YR838045 ; LICENS 9D99754 E PATE NuwiaEa (LI So USsbOoT TRU EQUIPMENT SERIAL NO. TCA Ai 3066010 | 9099754 lux _ i" , 58107 bi ENGINE: [Truck Ll Tru TC]=| OFF-Ro ab Equipme 1999 Detroit Dies el REGISTERED Ow ner / Company. CoMpany NAME First Name Julio | Osos Transport Address ° Middle initial Last Name ST - : A i___Cruz Villa 9938 Via De La Am sity istad | BUSINESS PHONE Cell Phone FAX San Diego |_ (619) 930- -0437 Tee RUCRS 1 Post al Code CA 160377 | iTRUCRS 2 ’ i Country {TRUCRS 3 92154 I {DOORS 1 {DOORS 2 United States “JOrcRatoR Moto r Carrier SHIPPER IDOORS 3 7pPrvers Lic License Number C] Cargo Tracking or Contai [UJreceiver [ ]Broxer INFORMATIO ner No. N Oo EES ST Name BCNO21 1637 nee Sa ee es —— Julio Per ame a State ee ee DRESS Mx ener A Cruz Villa eo S e a ee ee ee tyName “aa 7 ~ | | ‘oun Fe et - I Entity MC Number es Bape rare, [enn entre SI IE nt en vite lalate ere Sn ements -below has been documented | for the ‘above-refer ae MIVIOLATION , SR SESCRIPTION. S01 Exceeds Smoke i : — iow Der — 3 O -Months (HDVIP) 1 cf acknowledge receipt of this Ci STOR {Signature) tation/NOy” SIGNATURE (Owner za or Operator) pe Nigra) 4/6/2021 [ Re-nspection BUTION: WHITE: OFFics Fite eT INSPECTOR {Print Nam e) Copy CANARY: DRivER's Copy PINK: REGISTERED Qumn'a o AIR RESOURCES BOARD How to Clear Your Gitation owner/driver/motor carrier of the véhicle/equipment ‘cited will receive notification by mail with The registered clear the information on the penalty amount for each. violation as authorized by applicable law, and how to time you have to clear the Citation/NOV _ before Citation/Notice of Violation (NOV), including the period of or civil actions are taken by the Air Resources Board. If you wish: to receive more information - administrative number.on upper regarding the issuance of this citation please cantact the Enforcement Division at the telephone of this citation. «0.0.00 We ~s right corner on the front ee nera es is a en > ATCM & OTHER VIOLATIONS (INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING REGULATIONS) Air Toxic CONTROL MEASURE : . e 2025 TRUCK & BUS © 2477 TRANSPORTATION REFRIGERANT UNIT © 2027 DRAYAGE TRUCK VEHICLE @ 2449 OFF-ROAD EQUIPMENT © 2485 COMMERCIAL VEHICLE IDLING @ 2021.2 SOLID WASTE COLLECTION @ 95300-12 HEAVY DUTY VEHICLE GREEN House GAS @ 2022.1 PuBLic AGENCY & UTILITIES do the following: To Clear an ATCM Citation: You must, within 30 calendar days from the date of this citation e Pay the penalty stated in the citation notification letter that you will receive in the mail, and that was violated. e Provide proof, if required, that the vehicle or fleet has been brought into compliance with regulation submit your appeal to the ARB Citation Review: If you feel that your citation was issued incorrectly and you wish to have it reviewed, 30 days from receiving this citation, Enforcement Division Har, Citation Review, P.O. Box 2815, Sacramento, CA 95812 in writing within was personally delivered (when the citation was handed to the vehicle operator) or by mail. Include your citation either at the time the citation supporting documentatio n. If this matter is not resolved, civil or number, contact information, reason for appealing the citation, and any administrative action may be taken by the ARB to enforce this citation. . > HDVIP Heavy-Duty VEHICLE INSPECTION PROGRAM ® 2183 EMISSIONS CONTROL LABEL © 2183 TAMPERING © 2184 REFUSE INSPECTION @ 2182 EXCESSIVE SMOKE (when the citation was handed to the To Clear a Citation: You must, within 45 calendar days from the date that you were personally served vehicle operator) or mailed, whichever occurred earlier, do one of the following: e Pay the civil penalty as set forth in 13 CCR 2180-2189 and provide proof of correction as follows: label has been installed. - For ECL, provide a copy of the invoice from the engine dealer that clearly shows that the provide a passing opacity test or documentation showing transfer of vehicle ownership if the vehicle has been - For Excessive Smoke, sold or documentation showing that the vehicle is non-operational if it has been junked. - For Tampering, a‘copy of a valid repair order showing which parts were replaced. a total penalty of $800. e If corrective action is not taken within the 45 day period you must pay an additional penalty of $500 for a judge, you must notify the To Request a Hearing: |f you feel that your citation was issued incorrectly and you wish to request a hearing before CA 95812 in writing within 45 days ARB’s Administrative Hearing Office at ARB Administrative Hearing Office, P.O. Box 2815, Sacramento, or by mail. either at the time you were personally served (when the citation was handed to the vehicle operator) from receiving this citation, at www.arb.ca.gov/enfedforms/req_hearing.pdf or e You may, but are not required to, use the ARB’s “Request for Hearing” form available on-line request from the ARB's Administrative Hearing Office at (916) 322-2884. The information listed below must be provided: upon - Acopy of the citation and the date and method the citation was served (personal or by mail) - Yourname, address, and telephone number - Reason(s) you are contesting the citation and any supporting facts and contentions attomey, at your own expense; and if © You have the right to represent yourself or to retain a representative, who is not required to be an days of receipt of this citation, the citation shall be necessary, you have the right to an interpreter. If you do not request a hearing within 45 j please refer to the administrative hearing process deemed a final order and not subject to review by any court or agency. For more information, from the ARB Administrative Hearing Office. procedures in Title 17, California Code of Regulations §60075.1, et seq. Copies are available a be taken by the ARB to enforce this Citation/NOV, in Delinquent Citations/ NOVs: If this matter is not re solved, civil or administrative action may addition to the following actions noted below. the ARB to request the Department of Motor 1° Department of Motor Vehicle Registration Refusal: California Vehicle Code §4755 authorizes vehicles that have outstanding violations. 3 Vehicles to refuse registration, renewal, or transfer of registration for any commercial motor Court of Sacramento County for the unpaid civil 4 e Judgment in Amount of Civil Penalty: The ARB can obtain a judgment from the Superior judgment includes the civil penalty and additional court penalty for HDVIP violations. As authorized by Health and Safety Code §44011.6 (m), the g fees. civil penalty in a timely manner, the ARB may 4 Vehicle Removed from Service: If you fail to take the required corrective action and/or pay a service and order the vehicle stored until request the California Highway Patrol under California Vehicle Code §27159 to remove the vehicle from : by the ARB. payment of civil penalty is received: Detailed information, including California Air Pollution Laws and Regulations, can be viewed at: www.arb.ca.qov and exposure to air contaminants through the fair, The Enforcement Division seeks to protect public health and the environment by maximizing reductions in emissions of air contaminants ARB jurisdiction, and by providing training and comphance assistance. consistent and comprehensive enforcement of statutory and regulatory requirements for sources of air pollution under == osp 13 129772