COMPLIANCE INFO_1986-1989 - Laserfiche WebLink

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-2- The fees you wish to assess against Sharpe Army Depot are authorized by Section 25287 of the California Health and Safety Code. That Section specifies the purposes to which the fees may be applied: "The governing body of the county. . .shall establish the amount of the fees at a level sufficient to pay the necessary and reasonable costs incurred by the local agency in administering this chapter, including, but not limited to, permitting and inspection responsibilites. 11 The Section further provides for a surcharge, to be determined by the Legislature, sufficient to pay, upon appropriation, the costs of the State Water Resources Control Board incarrying out its responsibilities under the chapter on underground tanks. The Section also allows for the waiver of fees when a state or local government agency is the permittee. Lastly, the Section allows waiver of the fee for certain agricultural uses if its imposition would result in undue economic hardship. It appears that the above described court test is answered in the negative. The statute clearly is not applied in a non-discriminatory fashion. State and local agencies and agricultural uses are e eligible for exemption from paying the "fe 1" It therefore appears that the Underground Tank Facility fee is in reality a tax which the Depot cannot pay . I re-ret that I cannot Provide You with a more positive 0 response. The law, both as written by the Legislature and interpreted by the courts, does not allow any other conclusion. If, however, you believe we have misinterpreted the state's statute or that we are unaware of significant factual information, we would be pleased to review any material you might wish to provide and reconsider our decision. Sincerely, John Michael Chessnoe Colonel, Ordnance Corps Commanding Officer