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Mar 12 09 10: 03a San i9uin C 20995?" 9 p. 2 <br /> a A?{ OFFICE OF THE <br /> DEPUTY COUNTY COUNSEL: <br /> TIERRFZ <br /> COUNTY COUNSEL GWARD R,BURROUGH <br /> EDWARD R.BURROI)GHS <br /> •�4'�•�p�R�i�P COUNTY OF SAN JOAQUIN LAWRENCE P.MEYERS <br /> COURTHOUSE,ROOM 711 SHELLEY GREEN <br /> TERRENCE R.DERMODY 222 EAST WEBER AVENUE CAROL BOARDMAN <br /> STOCKTO-2 80 91202-2� �`l n LORI S.WHITTAKER <br /> COUNTY COUNSEL TELEPHONE 468-2980(A 2 DD DEEANNE WATKINS <br /> NUCHAEL MCGREW FAX 468-0315(AREA ALEXANDRA MORGAN <br /> ASSISTANT COUNTY COUNSEL MARGARET E.CICCOLELLA <br /> DAVID WOOTENMfar 1 2 2009 STEVEN B.BASSOFF <br /> CHIEF DEPUTY <br /> ROBYN TRUITT DRIVON CHILD PROTECTIVE <br /> CHIEF DEPUTY ENVIRONMENT HEALTH SERVICES COUNSEL: <br /> PERMIT/SERVICES (209)468-1330 <br /> JANINE MOLGAARD <br /> ROBERTA C.LAGOMARSINI <br /> May 8, 2000 <br /> TO: RON BALD WIN 1 MAY 0 <br /> Director, OES SAN JOAQUIN COUNTY <br /> ^•GFICE 0:EMtRGENCY SERVICES -..l <br /> FROM: SHELLEY GREEN <br /> Deputy County Counsel <br /> RE: PAYMENT OF HAZARDOUS MATERIALS FEES <br /> BY THE UNITED STATES POSTAL SERVICE <br /> At your request, I have reviewed the information provided by the United Mates Postai <br /> Service (USPS) in support of their refusal to pay their Hazardous Materials Management <br /> Plan (HMMP) fees. Additionally, I have conducted additional research within federal and <br /> state statutes and case law. Furthermore, I have reviewed the EPA's opinion that the USPS <br /> is a federal agency designated as an independent establishment (5 USC §104), and not <br /> subject to Emergency Planning & Community Right to Know Act (EPCRA) and it is my <br /> opinion, based on the discussion below, that the USPS is subject to HMMP fees. <br /> Chapter 6.95 of the California Health and Safety Code addresses the Hazardous <br /> materials Release Response Plans and Inventory. A"business" subject to the Act's provisions <br /> is defined by section 25501(d) to mean: <br /> "...an employer, self-employed individual, trust, firm joint stock company, <br /> corporation, partnership, or association. For purposes of this chapter, 'business' includes a <br /> business organized for profit and a nonprofit business." <br /> It is further provided in section 2550i.4(a) LhaL: <br /> Notwithstanding subdivision (d) of Section 25501 (recited above), "business" also <br /> includes the federal government, to the extent authorized by federal law, or any <br /> agency, department, office, board..... <br />