Laserfiche WebLink
1 merely because the Board does not like its terms . This Court <br /> 2 should not permit the Board to upset the binding judgment and <br /> 3 thereby unlawfully interfere with the statutory authority of DTSC <br /> 4 to enforce the Hazardous Waste Control Law. <br /> 5 STATEMENT OF FACTS <br /> 6 Defendant Sumiden, located in San Joaquin County, <br /> 7 California, manufactures seven wire products , used for <br /> 8 reinforcing prestressed concrete structures such as overpasses <br /> 9 and parking garages . The manufacturing process produces two <br /> 10 materials which were viewed by Sumiden as products and sold for <br /> 11 use in fertilizers as "Ferrorich" and "Ferrozinc, " respectively. <br /> 12 On March 2 , 1988 , the San Joaquin County Public Health <br /> 13 Services ( "PHS" ) signed a memorandum of - understanding with the <br /> 14 State pursuant to which the State agreed that PHS would <br /> 15 investigate and take appropriate actions to enforce the Hazardous <br /> 16 Waste Control Law. On August 23 , 1989 , PHS inspected Sumiden ' s <br /> 17 facilities, and thereafter, on February 26 , 1990 , PHS issued a <br /> 18 report of violations based upon PHS ' classification of Ferrozinc <br /> 19 as a hazardous waste . Sumiden objected to this classification in <br /> 20 a letter to PHS . Nonetheless, during 1990 , Sumiden notified the <br /> 21 Board of the potential classification issue in its Hazardous <br /> 22 Waste Returns (including Generator Fee Returns) , reporting no <br /> 23 generation and therefore no tax liability. <br /> 24 PHS , accompanied by repz:esentatives of DISC, inspected <br /> 25 Sumiden again in February 1991 . Thereafter, PHS issued a second <br /> 26 report of violations which classified both Ferrozinc and <br /> 27 Ferrorich as hazardous wastes . while disagreeing with the <br /> 28 <br /> 2 <br />