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DEPARTMENT OF THE ARMY <br /> SHARPE ARMY DEPOT s y £ <br /> t� e, <br /> LATHROP CALIFORNIA 95331 �Y � 0, <br /> 0 1 1033 <br /> REPLY TO � "� '�� <br /> ATTENTION OF <br /> ENVIRONMENTAL HL:AILi'114 OF <br /> Legal Office PERMIT/SERVICES <br /> Jogi Khanna, M.D. , Health Officer <br /> San Joaquin Local Health District <br /> ATTN: Ron Valinoti <br /> P. 0. Box 2009 <br /> Stockton, California 9520>1 <br /> Dear Mr. Valinoti: <br /> Due to the recent proposed closure of 38 underground <br /> storage SHAD and Mr. Ron Valinoti regarding outstanding permit <br /> fees for the years 1986, 87 and 88. Pursuant to these <br /> discussions and following previous guidelines Depot Services <br /> Command and Army Material Command were contacted concerning <br /> payment of fees for services rendered by the San Joaquin <br /> Public Health Services <br /> Confirmation has been received authorizing payment of the <br /> charges for services rendered in 1988 based upon <br /> representations by Mr. Valinoti that the fees did not violate <br /> constitutional prohibitions. The representations were that no <br /> state surcharge would be charged SHAD, all state agencies were <br /> paying for services since 1988 and the billing would be based <br /> upon written statements supported by time records showing <br /> actual time allocated to SHAD at the prevailing hourly rate. <br /> Fees charged for the years 1986 and 1987 were not payable <br /> due to prior determinations that they constituted presumptive <br /> and actual discrimination in violation of the constitutional ' <br /> test. This interpretation had been previously communicated to <br /> the County Health Officer (SHAD letter of May 24, 1988) . The <br /> objections expressed in that letter appear to have been <br /> resolved in 1988 by the California legislature and by the <br /> recent determination concerning the state surcharge. <br /> Therefore the current billing of $1,072.75 will be paid <br /> shortly. Future billings concerning remaining underground <br /> storage tanks may be paid in accordance with the guidelines <br /> established in the second paragraphabove`. <br /> It is understood that the fees for services rendered are <br /> in lieu of permit fees, surcharges or other flat-rate charges <br /> that are constitutionally prohibited as previously stated. <br /> Please confirm this understanding and advise SHAD of <br /> procedures to avoid billing confusion in the future. <br />