310 CMR, § 4.03

Current through Register 1533, October 25, 2024

Section 4.03 - Annual Compliance Assurance Fee

(1)General.

(a) Annual compliance assurance fees shall be payable by all permittees in the categories identified in 310 CMR 4.03(2), in the amounts set forth in 310 CMR 4.03(2). Agencies of the Commonwealth shall be exempt from annual compliance assurance fees. For the purpose of M.G.L. c. 21E, § 3B, permittee shall also refer to persons, excluding agencies of the Commonwealth, who are performing response actions at sites, or have been issued a final order to perform, or have been assessed a penalty for failure to perform, such response actions.

(b) A permittee with more than one permit shall pay the fee indicated for each such permit, except as otherwise provided in 310 CMR 4.03(2). Such fees shall be payable in each commonwealth fiscal year for each such permit. For permits issued after January 1, 1991, other than permit renewals, modifications or amendments, or other changes in permit status or categories, no annual compliance assurance fee shall be assessed for that permit in the fiscal year in which the permit is issued, except as otherwise provided in 310 CMR 4.03(2), or unless the fee is established pursuant to 310 CMR 4.05. For fiscal year 1991, the category to which each permit belongs shall be determined based on the formal status as shown by Department records of the permit as of December 1, 1990, except as provided in 310 CMR 4.03(8)(c). In subsequent fiscal years, the category to which each permit belongs shall be determined based on the formal status in Department records of the permit as of the beginning of that fiscal year on July 1^st, except as provided in 310 CMR 4.03(8)(c). Annual compliance fees for permits issued in accordance with 310 CMR 4.05 shall be established as provided.

(c) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees pursuant to M.G.L. c. 21E shall be assessed on a billable year basis. The billable year ends on the annual status date for a site. The first status date shall be determined as follows:

1. For sites where release notification is submitted to the Department on or after October 1, 1993, the first status date shall be the 12-month anniversary date of the oral or written date of release notification, whichever is earlier, or, effective February 24, 1995, the earliest date computed in accordance with 310 CMR 40.0404(3).

2. For sites identified prior to October 1, 1993 and existing in Department records pursuant to 310 CMR 40.0600: Transition Provisions, as formerly in effect, the first status date shall be the 12-month anniversary date of the first required submittal pursuant to said 310 CMR 40.0600: Transition Provisions; and effective November 18, 1994, the first status date shall be the date of the first required submittal or as specified in said 310 CMR 40.0600: Transition Provisions, whichever is earlier.

3. Notwithstanding 310 CMR 4.03(1)(c)1., effective February 24,1995, the first status date for each site classified as Tier IB pursuant to 310 CMR 40.0520(2)(d) as formerly in effect shall be February 24, 1995.

(d) Notwithstanding 310 CMR 4.03(1)(b), the classification and category assigned to each M.G.L. c. 21E site shall be determined based on the formal status as shown by Department records of the site as of that site's status date, except as provided in 310 CMR 4.03(8)(c), and effective November 3, 1995, except as provided in 310 CMR 40.0008(4): Determining Date of Receipt of Document Submitted to the Department.

(e) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees pursuant to M.G.L. c. 21E shall be payable for each billable year until and including the year that a Permanent Solution is achieved and a Permanent Solution Statement is filed for the entire site pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions, or a Downgradient Property Status submittal is filed pursuant to 310 CMR 40.0180: Downgradient Property Status.

(f) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees shall be assessed pursuant to M.G.L. c. 21E as of the first status date as defined in 310 CMR 4.03(1)(c) or alternative status date established by the Department pursuant to 310 CMR 40.0501(2)(b), 310 CMR 40.0570: Requirements for Eligible Persons, Eligible Tenants or Other Persons Seeking to Reestablish Response Action Deadlines, or 310 CMR 40.0601: Scope and General Provisions, as formerly in effect, in each billable year, including any year in which a permit application fee is paid.

(g) Notwithstanding 310 CMR 4.03(1)(c), when multiple sites are combined under a single Tier Classification, the status date of all of the sites subject to the Tier Classification shall be the earliest applicable status date, unless the Department establishes an alternative status date. When a Special Project Designation permit includes more than one site, the status date for all the sites shall be the earliest applicable status date, unless the Department establishes an alternative status date.

(h) Notwithstanding 310 CMR 4.03(1)(b), and excluding permits issued pursuant to 310 CMR 7.24(3) and 310 CMR 7.24(6), a facility with one or more air quality permit(s) shall pay the single highest applicable air quality annual compliance assurance fee. Effective May 1, 2020.

(i) Notwithstanding 310 CMR 4.03(1)(b), annual compliance assurance fees shall be payable in the same fiscal year as filing of a required Environmental Results Program self certification. The status date shall be the date required for the filing of that fiscal year's certification.

(j) Notwithstanding 310 CMR 4.03(1)(b), a surface water discharger with multiple surface water permits shall pay the single highest applicable annual compliance assurance fee.

(k) Notwithstanding 310 CMR 4.03(1)(b), the Mercury-added Lamp Registration: annual registration fee, shall be payable in the same calendar year as the submittal of the annual registration pursuant to 310 CMR 75.05(3)(a).

(2)Fee Amounts by Permit Category. The annual compliance assurance fee for each permit shall be the fee set forth in 310 CMR 4.03(2): Table 4.03.

TABLE 4.03

ANNUAL FEE (dollars)	PERMIT CATEGORY
ENVIRONMENTAL RESULTS PROGRAM
$305	Dry Cleaner Certifier required pursuant to 310 CMR 70.00: Environmental
Results Program Certification, effective August 8, 2013
$215	Photo Processor Certifier required pursuant to 310 CMR 70.00: Environmental Results Program Certification who discharges to a publicly owned treatment works facility excluding a discharger to the Massachusetts Water Resources Authority, effective August 8, 2013
$60	Photo Processor Certifier required pursuant to 310 CMR 70.00: Environmental Results Program Certification who discharges to the Massachusetts Water Resources Authority, effective August 8, 2013
$275	Small Printer Certifier pursuant to 310 CMR 7.26(20): Environmental Results Program: Lithographic, Graphic Arts, and Screen Printing
$275	Midsize Printer Certifier pursuant to 310 CMR 7.26(20)
$705	Large Printer Certifier pursuant to 310 CMR 7.26(20)
$1,440	Large Printer Certifier pursuant to 310 CMR 7.26(20) holding AQ09 permit or an AQ permit qualifying for the minor AQ compliance category
AIR QUALITY
Set by equation	Operating Permit Enrollee - Effective June 20, 2014, required for any facility subject to 310 CMR 7.00: Appendix C, not holding an Operating Permit. The fee is based upon Department records as of July 1^st of the relevant fiscal year. AA is the Adjusted Actual emissions as reported to the Department pursuant to 310 CMR 7.12: U Source Registration, of hazardous air pollutants (HAP) and criteria air pollutants excluding carbon monoxide, averaged over the most recent three calendar years of available data. HAP emissions also reported as criteria pollutants shall not be double counted in this fee calculation. The AA of each pollutant shall be capped at 7,500 tons/per pollutant. The fee shall be calculated as follows: (1) where AA is greater than or equal to 5,000 tons, by adding the base fee of $100,000 and $25 (AA-5000); or (2) where AA is greater than or equal to 250 tons but less than 5,000 tons, by adding the base fee of $7,500 and $12 (AA-250); or (3) where AA is greater than or equal to 100 tons but less than 250 tons, by adding the base fee of $5,500 and $8 (AA-100); or (4) where AA is less than 100 tons, by adding the base fee of $3,000 and $6 (AA-50); or (5) where a facility is subject to 310 CMR 7.08(2): Municipal Waste Combustors, 310 CMR 7.29: Emissions Standards for Power Plants, 310 CMR 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR), or 310 CMR 7.70: Massachusetts CO₂ Budget Trading ProgramMassachusetts CO₂ Budget Trading Program, by adding the base fee of $7,500 and $17 (AA-50); or (6) Notwithstanding 310 CMR Table 4.03: Air Quality(1) through (5), if a facility subject to a Minor Group fee in 310 CMR 4.03(2) has become subject to 310 CMR 7.00: Appendix C due to the construction, substantial reconstruction or alteration of an emission unit that has not yet commenced operations, such facility shall continue to be subject to its applicable Minor Group One, Minor Group Two, or Minor Group Three annual compliance fee in 310 CMR 4.03(2). After such emission unit commences operations, the facility shall be subject to the applicable fee in 310 CMR Table 4.03: Air Quality(1) through (5).
(7) Notwithstanding 310 CMR Table 4.03: Air Quality(1) through (5), if a facility not subject to a Minor Group fee in 310 CMR 4.03(2) has become subject to 310 CMR 7.00: Appendix C and has not commenced operations, such facility shall be subject to an annual compliance fee of $2,000. After such facility commences operations, such facility shall be subject to the applicable fee in 310 CMR Table 4.03: Air Quality(1) through (5). The amount calculated in (1), (2), (3), (4) or (5) shall be rounded down to the nearest $1,000, but no fee shall be less than the respective base fee. Where a facility is subject to more than one formula, only the largest fee shall be due.
Set by equation	Operating Permittee Effective June 20, 2014, required for any facility holding an operating permit. The fee is based upon Department records as of July 1^st of the relevant fiscal year. AA is the Adjusted Actual emissions as reported to the Department pursuant to 310 CMR 7.12: U Source Registration, of hazardous air pollutants (HAP) and criteria air pollutants excluding carbon monoxide, averaged over the most recent three calendar years of available data. HAP emissions also reported as criteria pollutants shall not be double counted in this fee calculation. Emissions of each pollutant are capped at 7,500 tons per pollutant and the fee is calculated: (1) where AA is greater than or equal to 5,000 tons, by adding the base fee of $100,000 and $25 (AA-5000); or (2) where AA is greater than or equal to 250 tons, but less than 5,000 tons, by adding the base fee of $7,500 and $12 (AA-250); or (3) where AA is greater than or equal to 100 tons, but less than 250 tons, by adding the base fee of $5,500 and $8 (AA-100); or (4) where AA is less than 100 tons, by adding the base fee of $3,000 and $6 (AA-50); or (5) where a facility is subject to 310 CMR 7.08(2): Municipal Waste Combustors, 310 CMR 7.29: Emissions Standards for Power Plants, 310 CMR 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR) or 310 CMR 7.70: Massachusetts CO2 Budget Trading Program by adding the base fee of $7,500 and $17 (AA-50). The amount calculated in (1), (2), (3), (4) or (5) is rounded down to the nearest $1,000, but no fee shall be less than the respective base fee. Where a facility is subject to more than one formula, only the largest fee is due.
$1,760	Minor Group One - a facility with potential emissions equal to or greater than five, but less than ten tons per year of any one Hazardous Air Pollutant (HAP), or equal to or greater than 12.5, but less than 25 tons per year of any combination of HAP, or equal to or greater than 25, but less than 50 tons per year of VOC or NOx, or equal to or greater than 50, but less than 100 tons per year of any other regulated pollutant, or a facility holding a AQ09 (Restricted Emissions Status) permit pursuant to 310 CMR 7.02(9): Restricted Emission Status (RES); and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020.
$705	Minor Group Two - a facility with potential emissions greater than 2.5, but less than five tons per year of any one Hazardous Air Pollutant (HAP), or greater than 6.25, but less than 12.5 tons per year of any combination of HAP, or greater than 12.5, but less than 25 tons per year of VOC or NOx, or greater than 25, but less than 50 tons per year of any other regulated pollutant or a facility subject to a New Source Performance Standard (NSPS- 40 CFR 60) or a National Emission Standard for Hazardous Air Pollutants (NESHAPs - 40 CFR 61) , both delegated to the Department prior to July 1, 1992 with potential emissions less than five tons per year of any one Hazardous Air Pollutant (HAP), or less than 12.5 tons per year of any combination of HAP, or less than 25 tons per year of VOC or NOx, or less than 50 tons per year of any other regulated pollutant; and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration; and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020.
$315	Minor Group Three - a facility with potential emissions equal to or less than 2.5 tons per year of any one Hazardous Air Pollutant (HAP), or equal to or less than 6.25 tons per year of any combination of HAP, or equal to or less than 12.5 tons per year of VOC or NOx, or equal to or less than 25 tons per year of any other regulated pollutant, and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020.
$245	Motor Vehicle Fuel Dispensing Facility subject to 310 CMR 7.24(3): Distribution of Motor Vehicle Fuel and/or 310 CMR 7.24(6): Dispensing of Motor Vehicle Fuel, effective June 20, 2014
HAZARDOUS WASTE
$10,365	Treatment, storage or disposal facility, effective August 8, 2013
$3,880	Large Quantity Generator excluding dry cleaner, photo processor, and printer certifiers pursuant to 310 CMR 70.00: Environmental Results Program Certification, that is subject to an ERP annual compliance fee effective May 1, 2020
$645	Small Quantity Generator excluding dry cleaner, photo processor, and printer certifiers pursuant to 310 CMR 70.00: Environmental Results Program Certification, that is subject to an ERP annual compliance fee effective May 1, 2020
$3,880	Level III recycling facility, effective May 1, 2020
Set by Equation	Mercury-added Lamp Manufacturer Registration: annual registration fee. Effective April 5, 2019 through June 30, 2024, required for any mercury-added lamp manufacturer subject to 310 CMR 75.05: Mercury-added Lamps. The fee is based upon mercury-added lamp sales reported on the annual registration form. Where A is the number of mercury-added lamps reported by the manufacturer and B is the sum of all mercury-added lamps reported by all manufacturers and where M is the total number of manufacturers reporting pursuant to 310 CMR 75.05, and the administrative base fee is $100, the fee shall be calculated in accordance with the following equation: (1) $100 + [(A/B) X [$300,000 - ($100 X M)]] with a maximum fee of $10,000, unless; (2) The sum of all individual manufacturers' fees as calculated in (1) is less than $300,000, the fee will then be recalculated utilizing the formula under (1), but without the $10,000 maximum.
SOLID WASTE
$1,700	Recycling and Organics Management Operation: with RCC Permit pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations, excluding an organic material only transfer operation that is permitted to receive no more than two tons per day and to have no more than five tons on-site at any time, effective June 20, 2014
$400	Recycling and Organics Management Operation: with a SW46 or SW47 permit pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations, where said operation is (i) a transfer operation limited to organic material only and (ii) is permitted to receive a maximum of two tons per day and to have no more than five tons on site at any time, effective June 20, 2014
$1,975	Small Transfer Station or C&D Processing Facility, effective August 8, 2013
$8,205	Large Transfer Station or C&D Processing Facility, effective August 8, 2013
$1,485	Small Handling Facility, effective August 8, 2013
$3,345	Large Handling Facility, effective August 8, 2013
$17,495	Operating Landfill: with permit SW10 Authorization to Operate until permit SW25 Landfill Closure/Corrective Action Design is issued, excluding permit for woodwaste landfill and landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013.
$17,495	Closing Landfill: with permit SW25 Landfill Closure/Corrective Action Design until permit SW43 Closure Completion is issued, excluding permit for woodwaste landfill and landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013
$2,970	Woodwaste landfill (effective August 8, 2013)
$1,060	Landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013
$1,400	Closed Landfill holding permit SW43 Closure Completion, or, for landfills closed prior to 1990, an Approved Post Closure Monitoring Plan, effective June 20, 2014
$8,205	Combustion Facility, effective August 8, 2013
COMPOST FACILITIES
$1,290	Compost Facility permitted by solid waste or water pollution control pursuant to 310 CMR 19.000: Solid Waste Management, 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers or 310 CMR 32.00: Land Application of Sludge and Septage, effective June 20, 2014
WATERSHED MANAGEMENT
$215	Withdrawal permit and/or registration within a single water source considered to be a single river basin as defined by 310 CMR 36.03: Definitions and 313 CMR 4.03: Delineation of River Basins, effective August 8, 2013
$10,800	Facility with WM05 or IW16 permit for Surface Water Discharge (NPDES), March 24, 2017
$1,830	Facility with WM06 or IW18 permit for Surface Water Discharge (NPDES), March 24, 2017
WATER POLLUTION CONTROL
Groundwater Discharges
$14,855	Facility with a permit authorizing discharge of treated sewage equal to or greater than 50,000 gallons per day, and approved to commence operations; other discharges not included in the other groundwater discharge compliance assurance categories, March 24, 2017
$8,320	Facility with a permit authorizing discharge of treated sewage greater than 10,000 gallons per day but less than 50,000 gallons per day, and approved to commence operations, March 24, 2017
$3,565	Facility with a permit authorizing discharge of 10,000 or less gallons per day of sewage, or permit pursuant to 314 CMR 4.10(9)(e), (f), (g) or (h) that only utilizes septic tanks and land disposal for wastewater treatment and approved to commence operations, March 24, 2017
$7,425	Facility with a permit authorizing discharge of treated sewage equal to or greater than 50,000 gallons per day but not approved to commence operations, March 24, 2017
$4,160	Facility with a permit authorizing discharge of treated sewage greater than 10,000 gallons per day but less than 50,000 gpd, but not approved to commence operations, March 24, 2017
$1,780	Facility with a permit authorizing discharge of 10,000 or less gallons per day of sewage or permit pursuant to 314 CMR 5.10(9)(e), (f), (g) or (h) but not approved to commence operations, March 24, 2017
$1,080	Facility with General Permit WP80 for specified discharges, effective August 8, 2013
$1,080	Facility with Reclaimed Water Discharge Permit WP84, effective August 8, 2013
$215	Facility with Discharge Permit WP85, effective August 8, 2013
$12,420	Type II Facility with IW03 or WP86 permit to discharge industrial wastewater and authorization to construct and operate a type II wastewater treatment system, effective August 8, 2013
$3,345	Type I Facility with a permit IW05 or WP87 to discharge industrial wastewater and authorization to construct and operate a type I wastewater treatment system, effective March 24, 2017
$215	Other Facility with Permit IW02 to discharge industrial wastewater, effective August 8, 2013 Residuals management
$1,290	Residuals landfill, effective August 8, 2013
$1,290	Pelletizing facilities, effective August 8, 2013
LABORATORY CERTIFICATION
$260	Certified Microbiology Laboratory, plus the fee for each testing category as certified on July 1^st of each year in the amount as set forth in 310 CMR 4.10(9)(a) (LES01EA), effective August 8, 2013
$1,140	Certified Chemical Laboratory, plus the fee for each testing category as certified on July 1^st of each year in the amount as set forth in 310 CMR 4.10(9)(b) (LES02EA), effective August 8, 2013
BUREAU OF WASTE SITE CLEANUP
$1,225	Homeowner Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014
$2,455	Homeowner Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014
$1,225	Homeowner Tier II - site classified as Tier II pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014
$490	Homeowner Phase V - site at which Phase V response actions consisting of operation, maintenance or monitoring are undertaken pursuant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014
$490	Homeowner Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014
$1,000	Homeowner Notice of Activity and Use Limitation - one-time fee for each Notice of Activity and Use Limitation filed pursuant to 310 CMR 40.1074: Notice of Activity and Use Limitation prior to or concurrently with the filing of a Permanent Solution Statement, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014
$735	Homeowner Permanent Solution - one-time fee effective June 20, 2014 for a Permanent Solution Statement filed for the site after 120 days following the earliest date computed in accordance with 310 CMR 40.0404(3)(a) through (d) and prior to Tier Classification, where the person is a Homeowner as defined in 310 CMR 4.02. Also for each Permanent Solution Statement filed for a site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, provided that such submittal is filed within 90 days following the site's first status date; fee is in lieu of Tier ID fee for the second billable year.
$490	Homeowner Release Abatement Measure - one-time fee for each Release Abatement Measure Plan submitted prior to Tier Classification, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014
$100	FTLI Status Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172, effective June 20, 2014
$100	FTLI Status Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014
$100	FTLI Status Tier II - site classified as Tier II pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014
$100	FTLI Status Phase V - site at which Phase V response actions consist-ing of operation, maintenance, or monitoring are undertaken pursuant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014
$100	FTLI Status Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014
$4,320	Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, effective June 20, 2014
$4,915	Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, effective June 20, 2014
$2,455	Tier II - site classified as Tier II pursuant to 310 CMR 40.0500,: Tier Classification and Response Action Deadlines effective June 20, 2014
$980	Phase V - site at which Phase V response actions consisting of operation, maintenance, or monitoring are undertaken purusant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, effective June 20, 2014
$980	Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, effective June 20, 2014
$2,000	Notice of Activity and Use Limitation - one-time fee for each Notice of Activity and Use Limitation filed pursuant to 310 CMR 40.1074: Notice of Activity and Use Limitation prior to or concurrently with the filing of a Permanent Solution Statement, effective June 20, 2014
$1,470	Permanent Solution - one-time fee effective June 20, 2014 for a Permanent Solution Statement filed for the site after 120 days follow-ing the earliest date computed in accordance with 310 CMR 40.0404(3)(a) through (d) and prior to Tier Classification. Also, for each Permanent Solution Statement filed for a site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, provided that such statement is filed within 90 days following the site's first status date; fee is in lieu of Tier ID fee for the second billable year.
$980	Release Abatement Measure - one-time fee for each Release Abatement Measure Plan submitted prior to Tier Classification, effective June 20, 2014 Special Project Designation - for the duration of Special Project Designation Permits approved pursuant to 310 CMR 40.0061(1)(a):
set by formula	- For each batch submittal of Permanent Solution Statements the fee is the total based upon the number of individual Permanent Solution Statements in each batch: 1-5 $1,470 each (capped at $4,420 for total batch); 6-15 $860 each (capped at $9,460 for total batch), 16-49 $735 each (capped at $23,590 for total batch); 50 or more $490 each (capped at $29,490 for total batch), effective June 20, 2014 - For each batch submittal of Release Abatement Measure Plan submittals the fee is the total based upon the number of individual RAM Plan submittals in each batch: 1-5 $980 each (capped at $2,945 for total batch); 6-15 $550 each (capped at $6,020 for total batch); 16-49 $490 each (capped at $15,725 for total batch); 50 or more $365 each (capped at $22,120 for total batch), effective June 20, 2014
$1,965	Downgradient Property Status Submittal - one time fee for each DPS submittal filed pursuant to 310 CMR 40.0183: General Requirements and Procedures for Asserting Downgradient Property Status prior to Tier Classification effective August 8, 2013

(3)Statement of Fee Amount.

(a) At least 45 days before the date a fee is due, the Department shall provide the permittee a written statement of the amount due. The statement may be provided by mail or personal delivery to the correspondence address listed in the permit or permit application, to the address of the permitted facility or project, or to any other correspondence address used by the permittee; or by any means provided for service of process; or by other means reasonably calculated to assure receipt by the permittee.

(b) The statement of fee amount shall include, without limitation, the following:

1. the permit and permit category for which each fee is due pursuant to 310 CMR 4.03(2);

2. the amount due for each such permit;

3. the date by which payment is due;

4. the manner and form in which payment may be made;

5. notice of the provisions for extension of the time for payment pursuant to 310 CMR 4.03(6);

6. notice of the consequences of failure to make timely payment pursuant to 310 CMR 4.03(7); and

7. notice of the procedure for seeking review of the fee determination pursuant to 310 CMR 4.03(8).

(c) For M.G.L. c. 21E Tier I and Tier II sites, the Department shall not require a Tier I or Tier II fee to be paid for the first billable year, provided that the complete information required at 310 CMR 40.0500: Tier Classification and Response Action Deadlines is received by the Department on or before the first status date.

(d) For M.G.L. c. 21E sites, the Department shall not require an annual compliance assurance fee to be paid by an owner or operator holding a valid Downgradient Property Status for the billable year in which such owner or operator files a DPS submittal, pursuant to 310 CMR 40.0183: General Requirements and Procedures for Asserting Downgradient Property Status, provided the DPS submittal adequately documents the source of the release as an upgradient Tier Classified site or site that has achieved a Permanent Solution.

(e) For M.G.L. c. 21E sites, notwithstanding 310 CMR 4.03(2), the Department shall not require Permanent Solution or Release Abatement Measure fees to be paid for response actions by an owner or operator holding a valid Downgradient Property Status relative to those sites.

(4)Payment of Fee. Unless the permittee seeks an extension of the time for making payment pursuant to 310 CMR 4.03(6), the permittee shall make payment in full on or before the date, and in the manner and form, specified in the statement of fee amount. Except to the extent authorized by the Department pursuant to 310 CMR 4.03(6)(c)1., late payment, nonpayment, partial payment, or failure to make payment in the specified manner and form shall constitute a failure by the permittee to pay the fee when due.

(5)Proof. The permittee's cancelled check shall act as proof of payment of the annual compliance assurance fee.

(6)Hardship Requests: extension of time for making payment.

(a) In instances of severe financial hardship, the Commissioner may, at his or her discretion, grant a timely request to extend the time for making payment of the annual compliance assurance fee. The permittee shall bear the burden of persuasion that the request should be granted.

(b) A permittee seeking an extension of time for making payment shall file a written request for extension on or before the date on which the fee is due. Such requests shall be deemed to be filed upon receipt by the Department. Timely filing of a request for extension containing all elements required by 310 CMR 4.03 shall stay suspension of the permit pursuant to 310 CMR 4.03(7)(a). The request shall be filed in the form and manner indicated in the statement of fee, and shall include the following:

1. the permittee's name and address;

2. the category of the permit, the amount of the fee due and due date;

3. the specific circumstances the permittee believes constitute severe financial hardship;

4. a proposed schedule for making payment; and

5. the reasons the permittee believes the proposed schedule is appropriate.

(c) The Commissioner shall promptly notify the permittee making the request of the Department's decision on the request. The Commissioner may request any supplemental information from the applicant to aid in such decision. Notice shall be given to the permittee by any method described in 310 CMR 4.03(3)(a). The Commissioner's decision on such a request shall not be deemed to give rise to any right to an adjudicatory hearing.

(7)Failure to Make Timely Payment.

(a)Suspension of Permit.

1.Suspension. Failure to make complete and timely payment shall result in a suspension of the permit by operation of law pursuant to M.G.L. c. 21A, § 18(a). Pursuant to the provisions of M.G.L. c. 30A, § 13(3), the Department's suspension of a permit due to a permittee's failure to pay an annual compliance assurance fee is not subject to a claim for an adjudicatory hearing.

2. Notwithstanding the first sentence of 310 CMR 4.03(7)(a)1., failure by a permittee to make complete and timely payment of fees owed pursuant to M.G.L. c. 21E by the date due may result in suspension of any or all permits that such person has obtained from the Department. The Department shall give notice of such suspension prior to its effective date. Pursuant to the provisions of M.G.L. c. 30A, § 13(3), the Department's decision to suspend a permit is not subject to a claim for an adjudicatory hearing.

3.Effects of Permit Suspension. If a permit is suspended pursuant to the provisions of 310 CMR 4.03(7)(a)1. or 2., the Department may deny any other permit application pending before the Department that is made by or on behalf of a permittee who has an overdue and outstanding annual compliance assurance fee.

4.Reinstatement. Upon receipt of payment of the fee due, together with any interest due, the suspended permit shall be reinstated on the date of receipt, providing no revocation of the permit has been issued prior to that date.

(b)Revocation of Permit. If a permittee's failure to pay an annual compliance assurance fee continues for 60 days or more beyond the date on which the fee was due, the Department may revoke the permit; provided, however, that if a permittee's failure to pay an annual compliance assurance fee owed pursuant to M.G.L. c. 21E continues for 60 days or more beyond the date on which the fee was due, the Department may revoke any or all permits that such person has obtained from the Department. The Department shall notify the permittee of the revocation by certified mail or personal delivery to the address listed in the permit or permit application, or by any means provided for service of process. The revocation shall take effect on the date issued by the Department, or such other date as specified in the Department's notice. Pursuant to the provisions of M.G.L. c. 30A, § 13(3), the Department's revocation of a permit due to a permittee's failure to pay an annual compliance assurance fee is not subject to a claim for an adjudicatory hearing.

(c)Publication. The Department may publicly release the names of permittees whose permits have been suspended or revoked pursuant to 310 CMR 4.03(7).

(d)Interest. In the event of untimely payment, interest shall be assessed on the balance due at the rate determined by the commissioner of administration pursuant to M.G.L. c. 29, § 29C.

(e) Nothing in 310 CMR 4.03(7) shall be construed to limit or bar the Department from assessing any penalty or taking other appropriate enforcement action for violation of any permit condition, order, or other requirement pursuant to any statute or regulation.

(8)Review of Fee Determination.

(a) A permittee who believes that the Department has incorrectly designated the category into which its permit falls for purposes of assessing an annual compliance assurance fee may request a review of that determination by filing a written request with the Department on or before the date of payment specified in the statement of fee.

(b) The request shall be filed in the form and manner indicated in the statement of fee, and shall include the following:

1. the permittee's name and address;

2. the permit category and amount of the fee due according to the statement of fee, and date due;

3. the permit category the permittee asserts is appropriate;

4. payment in full of the amount of the fee due for the category the permittee asserts is appropriate; and

5. the reasons the permittee believes the other category is appropriate.

(c) The applicable permit category for each permit shall be the category into which the permit is assigned based on the formal status of the permit at the date specified in 310 CMR 4.03(1), unless the permittee had as of that date filed necessary application(s) to modify the relevant permit and taken other necessary action(s) to request a formal change in permit status. If the permittee had filed such application(s) and taken such action(s), the applicable category shall be determined on the merits of such request. The Department shall review the materials submitted by the applicant and the formal record of the permit, and shall issue a written decision determining the permit category. The Department's determination of the appropriate permit category shall not be deemed to give rise to any right to an adjudicatory hearing; provided, however, that the applicant may seek review of any decision on the merits of a pending request to modify the permit in the manner specified for review of permit decisions in the applicable statute or regulations.

(d)Effect of Request for Review.

1. Pending the Department's review of a properly filed request for review, the permit shall be deemed in effect. Should the permittee fail to make complete and timely payment of any balance due following the Department's determination, the permit shall be deemed suspended by operation of law.

2. Notwithstanding 310 CMR 4.03(8)(d)1., should a permittee fail to make complete and timely payment of any balance due pursuant to M.G.L. c. 21E, the permit may be suspended in accordance with 310 CMR 4.03(7)(a)2.

3. In the event that the Department determines that the original statement of fee was correct, or that the permittee has not paid at least the full amount of the fee due for the appropriate category, the Department shall assess interest on any unpaid balance. Such interest shall be deemed to have begun to accrue as of the original date on which payment was due.