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Maintenance Department D JUUNI TED ST13TES AOSTAL SERVICE EP 2 6 2011 ENVIRONMENT IIEALln September 22, 2011 PERMfT/SERVICES San Joaquin County Environmental Health Department Certified Number: 7010 1060 0000 3991 0344 600 E Main Street Stockton CA 95202-3029 RE: Invoice– USPS, 3131 Arch-Airport Rd, Stockton CA AR0026478 Facility FA0015368 Invoice#IN0212370 Dear Madam or Sir: We are in receipt of your invoice under account AR0026478 for environmental and hazmat fees for the U S Postal service addressed to the acility at Arch-Airport Rd., Stockton, CA 95213. Upon review by our legal counsel, it has been recommended that the facility pay the small generator hazardous waste fee$213 plus the penalty of$213 along with the Unified Program fee of$24 and the Electronic reporting fee of$25. Although there are viable legal arguments concerning the amount of the unified fee and the electronic fee, we are willing to offer to compromise and pay the entire fee and penalty amount. We reserve the right to contest these fees if the offer is not accepted. However, the Hazmat Fee and the penalty fee for hazmat fees are not payable. Therefore, a check in the amount of$475 will be sent to you separately by the Postal Accounting Center. The U S Postal Service is an "independent establishment of the executive branch of the Government of the United States". 39 U.S.C. Section 201. As a matter of law, it is well established that the Postal Service is immune from state of local law of this type. Based upon the Supremacy Clause of the U.S. Constitution, courts have consistently held that the federal government is not subject to local regulation unless Congress specifically and unequivocally waives the immunity of the United States. See, e.g., Johnson v. State of Maryland, 254 U>S> 51 (1920) (vehicle licensing)' United States Postal Service v. City of Hollywood, FL, 974 F. Supp. 1459 (S.D. Fla. 1997) (local building code). It is well settled that the activities of the Federal government are not subject—absent its consent—to regulation, restrictin, or taxation by the state and local governments. See Mayo v. United States, 319 U.S. 441 (1943). Because of the fundamental importance of the principles shielding federal installations and activities from regulation by the States, an authorization of state regulation is found only when and to the extent there is a 'clear congressional mandate', 'specific congressional action', that make this authorization of state regulation 'clear and unambiguous'. Id. At 447-448. Sovereign immunity applies because Congress has not subjected federal entities to the federal Emergency Planning and Community Right to Know law and therefore there is no provision to allow state of local application of similar laws to the federal government. An EPA opinion from 1988 3131 ARCH AIRPORT ROAD STOCKTON CA 95213-9731 (209)938-6252 FAX:(209)983-6461