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STATL OF CALIFORNIA—HEALTH AND WELFARE AGENCY GEORGE DEUKMEJIAN, Go. , <br /> DEPARTMENT OF HEALTH SERVICES <br /> TOXI'Z SUBSTANCES CONTROL PROGRAM <br /> REGION 1 <br /> 10151 CROYDON WAY <br /> SACRAMENTO,CA 95827-2106 <br /> (916)855-7700 <br /> January 8, 1990 <br /> -itlitJ�C'�iV l�ii= vI f tii_ HrAL TN <br /> Joe Creel, Colonel, U.S. Army <br /> Commander, Defense Depot Tracy <br /> 25600 Chrisman Road <br /> Tracy, CA 95367-5000 <br /> Dear Colonel Creel: <br /> IMPACT OF CALIFORNIA ACTIVITY FEE PROGRAM ON FEDEi L <br /> FACILITIES <br /> Effective July 1, 1989, Chapter 269 , Statutes of 1989 (SB 475) <br /> was signed into law establishing a new fee-for-service program <br /> for the Department of Health Services' (Department) oversight <br /> of hazardous waste site cleanups. The Department is awre <br /> that your facility may soon be entering into a Memorandum of <br /> Understanding (MOU) , and be covered under a propo ed <br /> Department of Defense State Memorandum of Agreement (DSM A) <br /> for reimbursement to the State for oversight costs. Howev r, <br /> until such a binding agreement exists, State law requires he <br /> Department to collect the fees mandated by Chapter 269. ny <br /> fees assessed and paid prior to entering into a site-speci is <br /> MOU and DSMOA will be credited towards the State' s oversight <br /> cost. <br /> The new law sets out specific fees for each phase of activity <br /> associated with characterizing and mitigating hazardous <br /> substance release sites based on the Department' s estimate of <br /> the size of each site. Enclosed are the various definiti ns <br /> of site, activity sizes, and the fee schedule as defined by <br /> this law. The Department is allowed to make adjustments to <br /> initial site size determinations and fees for subsequ nt <br /> phases of activity based on additional data. However, the law <br /> does not allow for retroactive application of such <br /> adjustments. <br /> Another feature of the new law is the proration of fees for <br /> phases of investigation and mitigation activity that were <br /> underway when it took effect on July 1, 1989 . Basically, he <br /> law says that any identified costs borne by the Department or <br /> oversight of an activity which occurred prior to July 1, 19 9 , <br /> will be cost recovered and that the Department must pror to <br /> the fee to be assessed for the current phase. <br />