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they were not "represented" in the action (See R&T Code § 43051-43053, 43445 and 43501) , and 2) Sumiden is only entitled to a credit for generator fees paid on time to the County (based upon R&T Code § 43152 . 7 (c) . Therefore, if a generator is late in payment, they should pay both the County and the BOE. Mr. Walberg also stated that additional bills for generator fees for 1990 and 1991 will probably be sent out at a future date. What remains to be resolved is what, if any, impact BOE's actions has on Sumiden's obligation to pay in accordance with the terms of the Stipulated Judgment. We have previously granted an extension of the January 1993 deadline for payment. Under the terms of the Stipulated Judgment, Sumiden owes $47 , 887 . 50 to Public Health Services (the County Health Department) and $24 , 250 to the Board of Equalization. If the Board's position is correct, that neither the DA nor DTSC had the authority to negotiate for generator fees, then there was not a "meeting of the minds" and Sumiden is being denied a rather important benefit of the bargained negotiation. This would appear to void at least the one section of the agreement. However, the District Attorneys Office does not want to see the County Health Department lose $47, 887. 50 which it is clearly owed. My suggestion is that we continue the extension granted in my letter of January 11, 1993 for an indefinite period of time until Sumiden's petition for redetermination has been heard and decided. This approach preserves the rights of both parties and does not interfere with Sumiden's appeal of the additional taxes sought to be imposed by BOE. Sincerely, OFFIC OF 7,;1STRICT ATTORNEY LI F. BROWN D p ty District Attorney E ironmental Prosecutions Unit LFB/ew cc: Board of Equalization Department of Toxic Substances Control Public Health Services 2