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I classification , Sumiden agreed to handle the materials as <br /> 2 hazardous wastes pending a final determination . <br /> 3 On May 3 , 1991 , Sumiden received a letter from PHS <br /> 4 requesting payment of $24 , 007 . 50 in unpaid generator fees for <br /> 5 1989 , and $23 , 880 . 00 for 1990 . A copy of that letter was sent to <br /> 6 the Board, however the Board took no action . 1 <br /> 7 In June 1991 , Sumiden requested that DTSC reconsider the <br /> ° hazardous waste classification . After inquiry , DTSC referred the <br /> 9 case to the DA for enforcement. During June and July 1991 , <br /> -10 Sumiden and the DA held extensive meetings . In addition , later <br /> 11 that summer, representatives of DTSC and Sumiden met to discuss <br /> 12 Sumiden ' s manufacturing process and issues of classification and <br /> 13 quantity of Ferrorich and Ferrozinc. Simplot , the fertilizer <br /> 14 manufacturer, provided documents detailing the exact quantity of <br /> 15 materials received from Sumiden . Sumiden provided original <br /> 16 documents and summaries showing the amounts and types of <br /> 17 materials shipped. The DA conducted inspections of Sumiden and <br /> 1° of Simplot. When contacted by the DA concerning the amount of <br /> 19 generator fees paid , and any amounts under protest , the Board <br /> 20 responded by transmitting a payment history and account balances <br /> 21 but took no other action . <br /> 22 In August 1992 , the parties reached a settlement . <br /> 23 Thereupon , as requested by DTSC , the DA filed the complaint <br /> 24 initiating this action . The complaint alleged violations of <br /> 25 Chapter 6 . 5 of Division 20 of the H&S Code ( commonly known as the <br /> 26 "Hazardous waste Control Law" ) and regulations promulgated <br /> 27 <br /> 28 1 The facts set forth on page 2 , line 6 through page 3 , <br /> line 6 are supported by the Declaration of P,obert Olson , <br /> attached hereto as Exhibit A. <br /> 3 <br />