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JOHN 1 Office of the District Attorney <br /> PHILLIPS Ell <br /> San Joaquin County Courthouse,Rm. 202 <br /> 222 E Weber Ave. Stockton,California 95202 <br /> DISTRICT ATTORNEY P.O.Box 990,Stockton,California 95201 <br /> San Joaquin County Telephone:(209)468-2400 <br /> March 8, 1993 <br /> Matt Connolly <br /> P.O. Box 451 Rr. <br /> Tracy, CA 95378-0451 MAIC <br /> Re: People v Sumiden Wire Products Corp- ENVIRONMENTAL HEALTH <br /> San Joaquin County Superior Court No. 247285 PERMIT/SERVICES <br /> Dear Mr. Connolly: <br /> I have discussed with Eric Walberg of the Board of Equalization <br /> the factual basis for two Notices of Determination dated January <br /> 29 , 1992 . (SIC, actually issued in 1993) . <br /> The notice requiring payment of $2 , 977 . 25 for 7/01/89 to 3/31/90 <br /> is based upon the disposal fees due for the illegal disposal of <br /> the drawing sludge in the county landfill. This was the subject <br /> of the criminal case, not the civil case. Therefore, this does <br /> not affect nor is it affected by the Stipulated Judgment entered <br /> in case No. 247285 . <br /> The notice requiring payment of generator fees of $72 , 193 . 69 for <br /> the time period 1/01/89 to 12/31/89 is based upon the same facts <br /> as stated in the civil complaint i.e. the zinc phosphate filter <br /> cake and the sulfuric acid/pickle liquor. This appears to <br /> conflict with the terms of the Stipulated Judgment which required <br /> payment of $72 , 137 . 50 in generator fees and states that "This <br /> judgment shall constitute a full and final adjucation of all <br /> matters relating to any disposal fee, penalty, tax, claim for <br /> reimbursement or any other claim of, or against [defendants] for <br /> the disposal of the materials alleged in the complaint" . <br /> As I am sure you recall, we went to great lengths to determine <br /> the exact fees due at the time the Stipulated Judgment was <br /> signed. We agreed that no disposal fees were owing as to the <br /> zinc filtercake and sulfuric acid as these had not been disposed <br /> of. We determined, after consultation with DTSC and the county <br /> health department, .what generator fees were due for 1988 to 1991. <br /> We determined, based upon figures given to us by DTSC and the <br /> county, that $72 , 137 . 50 was due for 1988-1990 (1991 fees had been <br /> paid) . <br /> As explained to me by Mr. Walberg, BOE's basis for imposing <br /> additional generator fees for 1989 appears to be based upon two <br /> premises: <br /> 1) That they are not bound by the terms of the Stipulation as <br /> 1 <br />