Laserfiche WebLink
I thereunder, relating to generators and facilities . Pursuant to a <br /> 2 stipulation between the People and the Defendants , this Court <br /> 3 entered a judgment on August 4 , 1992 (the "Judgment" ) , and <br /> 4 thereafter the Judgment became final . DTSC had concurred in the <br /> 5 terms of the stipulation including those which required the <br /> 6 Defendants to install acid regeneration equipment, to pay <br /> 7 generator fees , to reimburse the DA and DTSC for investigation <br /> 8 costs , and to pay civil penalties , in the total amount of <br /> 9 $442 , 137 . 50 . <br /> 10 On Friday , September 25 , 1992 , Sumiden was notified that <br /> 11 the Board would conduct an audit on Tuesday , September 29 , 1992 . <br /> 12 When the Board ' s representatives arrived at Sumiden , they were <br /> 13 provided with a copy of the Judgment . Sumiden was willing to <br /> 14 proceed with the audit, but advised the Board that certain issues <br /> 15 were moot because of the final Judqment. An agreement was <br /> 16 reached whereby Sumiden extended the statute of limitations <br /> 17 applicable to the Board to allow the Board an opportunity to <br /> 18 formulate a legal opinion . The Board failed to provide any legal <br /> 19 opinion or basis for the proposed audit. Rather , on January 29 , <br /> 20 1993 , the Board issued two Notices of Determination for generator <br /> 21 fees in the amounts of $72 , 193 . 69 and $2 , 977 . 25 . Sumiden timely <br /> 22 appealed; the Board has failed to set the matter for hearing or <br /> 23 otherwise to act on the appeal . Instead , the Board filed this <br /> 24 Motion to vacate the Judgment . ` <br /> 25 <br /> 26 <br /> 27 <br /> 28 2 The facts set forth on page 3 , line 7 through page 4 , <br /> line 24 are supported by the Declaration of Matthew Connolly , <br /> attached hereto as Exhibit B. <br /> 4 <br />