Laserfiche WebLink
ATTORNEY GENERAL 'S OFF TEL : 1-916-324-2960 Sep 17 93 14 :50 No .015 P .05 <br /> I be exempted from the Act, on a prospective basis, only if a <br /> 2 variance is requested and granted. This is a far cry from this <br /> 3 section being authority for retroactive relief from paying fees <br /> 4 for disposal of waste which does not quality for a variance under <br /> 5 this section. Certainly, Sumiden makes no showing or even <br /> 6 argument that the waste involved in•this case would have <br /> 7 qualified for a variance if Sumiden had applied for a variance. <br /> 8 Clearly, section 25143 does not grant DTSC the authority to <br /> 9 determine if Sumiden properly paid its fees for the -disposal of <br /> 10 hazardous waste which already occurred. <br /> 11 1z <br /> 12 THE BOARD OF EQUALIZATION WAS NOT CONTACTED <br /> REGARDING THE STIPULATED JUDGMENT <br /> 13 <br /> 1:4' i Sumiden makes several factual allegations regarding the <br /> 15 amount of information provided to the Board prior to the <br /> 16 settlement. . However, as indicated in the Declaration of Lou <br /> 17 Feletto, attached hereto as Exhibit 1, the information received <br /> 18 by the Board is not as explicit as Sumiden suggests. <br /> 19 Sumiden claims to have notified the Board of a <br /> 20 classification issue on its returns. (Opposition, page 2, lines <br /> 21 20-23. ) In fact, the returns only indicated that Sumiden was no <br /> 22 longer producing hazardous waste and was instead producing by- <br /> 23 products, that Sumiden was working with the county on the issue, <br /> 24 and that no fee was owed. The returns filed in May of 1990 <br /> 25 included the above notification. (Declaration 'of Lou Feletto. ) <br /> 26 This was after the County Public Health Service had issued a <br /> 27 report of violati.on 'to Sumiden in February 26, 1990. <br /> 4. <br />