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COMPLIANCE INFO_PRE 2019
Environmental Health - Public
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EHD Program Facility Records by Street Name
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2200 - Hazardous Waste Program
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PR0220094
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COMPLIANCE INFO_PRE 2019
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Entry Properties
Last modified
6/3/2019 4:37:31 PM
Creation date
4/18/2019 10:56:17 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2200 - Hazardous Waste Program
File Section
COMPLIANCE INFO
FileName_PostFix
PRE 2019
RECORD_ID
PR0220094
PE
2247
FACILITY_ID
FA0001479
FACILITY_NAME
SUMIDEN WIRE PRODUCTS CORPORATION
STREET_NUMBER
1412
STREET_NAME
EL PINAL
STREET_TYPE
DR
City
STOCKTON
Zip
95205
APN
117-360-40
CURRENT_STATUS
01
SITE_LOCATION
1412 EL PINAL DR
P_LOCATION
01
P_DISTRICT
002
QC Status
Approved
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KBlackwell
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EHD - Public
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1 Applying the principles of Hy-Lond to this case, the <br /> 2 Judgment would be improper only if it limited the statutory <br /> 3 powers or rights of a State agency other than DTSC, e.g. , the <br /> 4 Board or other counties, without legal authority. <br /> 5 Clearly, as explained above, the Judgment does not <br /> 6 interfere at all with any of the lawful powers or rights of the <br /> 7 Board or of other counties , except as expressly authorized by <br /> 8 statute. All of the determinations made in the Judgment were <br /> 9 reserved to DTSC. The Board retained the only right that it had <br /> 1.0 previously, i . e. , to collect the taxes and fees imposed under the <br /> 11 Hazardous Waste Control Law based on determinations as to the <br /> 12 nature and quantity of materials made by DTSC. The Judgment also <br /> 13 did not limit the rights of any other counties , because in <br /> 14 contrast to the facts in Hy-Lond, Sumiden operates in only the <br /> 15 one county over which the DA has jurisdiction. <br /> 16 Since the DA was authorized to bring this action on <br /> 17 behalf of the People, and the Judgment was within the bounds of <br /> 18 the DA' s authority, the Judgment is binding against the People <br /> 19 and against the State itself . This Motion must be denied because <br /> 20 this action has been resolved by DTSC, the agency responsible for <br /> 21 enforcing the Hazardous Waste Control Law, fully and finally in <br /> 22 favor of the People . 5 <br /> 23 <br /> 24 <br /> 5 County of Sacramento v. Central Pacific Railroad Co, 61 <br /> 25 Cal . 250 (1862) , cited by the Board, stands for the proposition <br /> that a district attorney may not enter into a settlement which <br /> 26 improperly limits the rights of the state agency with authority <br /> over the subject matter of the suit . In contrast to the facts <br /> 27 herein, in that case it was clear that the district attorney <br /> did not have authority to settle on the terms that it did. The <br /> 28 decision also was based upon the supervisory power of the <br /> attorney general and the improper form of the judgment , <br /> elements which are not present here . <br /> 1.0 <br />
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