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Unified Program Bulletin 0607-01 <br /> June 6, 2007 <br /> Page 2 <br /> CUPA Evaluation Issue <br /> Cal/EPA is required to periodically evaluate each CUPA's ability to implement and <br /> manage all aspects of the programs under the Unified Program. During this evaluation <br /> process, some CUPAs have been found deficient for failing to take enforcement action <br /> to collect state surcharge fees owned by the federal government. <br /> Resolution <br /> Cal/EPA has examined the amount of the General Oversight surcharge that supports <br /> each of the programs covered. In state fiscal year 2005/06, the General Oversight <br /> surcharge was $24.00 per regulated business. Of that amount, a total of$4.32 <br /> supported the Fire Code, Above Ground Tank and Business Plan programs. <br /> In consideration of all of the relevant circumstances, including the small amount of the <br /> state surcharge in dispute and the high costs to CUPAs of litigation, while this bulletin is <br /> in effect Cal/EPA will not find a CUPA deficient in program implementation for failure to <br /> collect the portion of the General Oversight surcharge from federal facilities for the <br /> disputed program areas of Fire Code, Above Ground Tank and Business Plan <br /> programs. However, to aid Cal/EPA in determining the extent of the dispute, federal <br /> refusal to pay must be reported to the Ca/EPA Unified Program. <br /> This is not a waiver of the right to enforce the surcharge. Cal/ EPA is not discouraging <br /> any CUPA from taking appropriate action to enforce collection of the General Oversight <br /> surcharge should'it choose to do so. CUPAs must continue to enforce all programs <br /> under the Unified Program at federal facilities and to take appropriate action to collect <br /> surcharge in the non-disputed programs (UST, Hazardous Waste Management and <br /> Cal/ARP). <br />