360 CMR, § 10.102

Current through Register 1533, October 25, 2024

Section 10.102 - Monitoring Charge

(1)Amount of Charge. Each Person issued a Permit pursuant to 360 CMR 10.000 that requires the Person to monitor its Wastewater and report the result to the Authority shall be assessed and shall pay an annual monitoring charge. The amount of the charge is:

(a) For Authority Fiscal Years 2020:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$9,246
b. Middle Monitoring Point Score:	$6,164
c. Low Monitoring Point Score:	$3,082
2. For Categories 1 non-SIU and 2 non-SIU:	$1,006
3. For Category 3 non-SIU:	$758
4. For Category 12:	$3,082
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(b) For Authority Fiscal Year 2021:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$9,524
b. Middle Monitoring Point Score:	$6,350
c. Low Monitoring Point Score:	$3,176
2. For Categories 1 non-SIU and 2 non-SIU:	$1,038
3. For Category 3 non-SIU:	$782
4. For Category 12:	$3,176
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(c) For Authority Fiscal Year 2022:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$9,810
b. Middle Monitoring Point Score:	$6,542
c. Low Monitoring Point Score:	$3,272
2. For Categories 1 non-SIU and 2 non-SIU:	$1,070
3. For Category 3 non-SIU:	$806
4. For Category 12:	$3,272
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(d) For Authority Fiscal Year 2023:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$10,106
b. Middle Monitoring Point Score:	$6,740
c. Low Monitoring Point Score:	$3,372
2. For Categories 1 non SIU and 2 non SIU:	$1,104
3. For Category 3 non SIU:	$832
4. For Category 12:	$3,372
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(e) For Authority Fiscal Year 2024:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$10,410
b. Middle Monitoring Point Score:	$6,944
c. Low Monitoring Point Score:	$3,474
2. For Categories 1 non-SIU and 2 non-SIU:	$1,138
3. For Category 3 non-SIU:	$858
4. For Category 12:	$3,474
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(f) For Authority Fiscal Year 2025:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$10,722
b. Middle Monitoring Point Score:	$7,152
c. Low Monitoring Point Score:	$3,578
2. For Categories 1 non-SIU and 2 non-SIU:	$1,172
3. For Category 3 non-SIU:	$884
4. For Category 12:	$3,578
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(g) For Authority Fiscal Year 2026:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$11,044
b. Middle Monitoring Point Score:	$7,367
c. Low Monitoring Point Score:	$3,686
2. For Categories 1 non-SIU and 2 non-SIU:	$1,207
3. For Category 3 non-SIU:	$910
4. For Category 12:	$3,686
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(h) For Authority Fiscal Year 2027:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$11,375
b. Middle Monitoring Point Score:	$7,588
c. Low Monitoring Point Score:	$3,796
2. For Categories 1 non-SIU and 2 non-SIU:	$1,244
3. For Category 3 non-SIU:	$938
4. For Category 12:	$3,796
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(i) For Authority Fiscal Year 2028:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$11,717
b. Middle Monitoring Point Score:	$7,816
c. Low Monitoring Point Score:	$3,910
2. For Categories 1 non-SIU and 2 non-SIU:	$1,281
3. For Category 3 non-SIU:	$966
4. For Category 12:	$3,910
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(j) For Authority Fiscal Year 2029 and all later Authority Fiscal Years:

1. For each SIU (as defined in 360 CMR 10.004) with a:
a. High Monitoring Point Score:	$12,068
b. Middle Monitoring Point Score:	$8,050
c. Low Monitoring Point Score:	$4,027
2. For Categories 1 non-SIU and 2 non-SIU:	$1,319
3. For Category 3 non-SIU:	$995
4. For Category 12:	$4,027
5. The charge is increased for a Person with more than three sample locations designated in its Permit as follows: for each one to three additional sample locations the amount of the charge is increased for an SIU by the amount of the low monitoring point score and for a non-SIU by the amount of the monitoring charge.

(2)Assigning Monitoring Point Scores. The Authority will assign each SIU a monitoring point score once a year, based on the results of sampling and analysis during the previous Authority fiscal year (July 1^st through June 30^th).

(3)Determining High, Middle, and Low Monitoring Point Scores.

(a) The Authority will determine a monitoring point score for each compliance monitoring location (location) for each SIU as follows:

Step One. For each location, the Authority will calculate the loading (amount in pounds) of each pollutant discharged during each day of sampling at the location. For purposes of the calculation, a value less than the method detection limit shall be given a value of zero.

Step Two. The Authority will calculate, for each location, the mathematical average loading for each pollutant discharged per day of sampling, using the individual loadings determined in step one.

Step Three. The Authority will create a separate list for each pollutant specified in 360 CMR 10.102(3)(a): Step Five. Each pollutant list will consist of the locations discharging that pollutant, listed in descending order from the highest to lowest average loading per day of sampling determined in step two.

Step Four. The Authority will divide into three parts each pollutant list it created in step three. The top part of each list will consist of those locations in the top third of the total number of locations on the list; the bottom part of each list will consist of those locations in the bottom third of the total number of locations on the list; the middle part of each list will consist of the remainder of the locations on the list.

Step Five. The Authority will assign points to each location on each list, based on whether the location is in the top, middle, or bottom part of each list as described in 360 CMR 10.102(3)(a): Step Four. The pollutant lists have different point values as follows:

1. Antimony (in the Metropolitan Sewerage Service Area), Selenium (in the Metropolitan Sewerage Service Area), and Total Fats, Oils, and Greases: top part = three points; middle part = two points; bottom part = one point.

2. Acrolein, Arsenic, Benzene, Cadmium, Chromium (hexavalent), Chromium (total), Cyanide, Formaldehyde (in the Metropolitan Sewerage Service Area), Fluoranthene, Nickel, Phenol (in the Metropolitan Sewerage Service Area), Selenium (in the Clinton Sewerage Service Area), Silver (in the Metropolitan Sewerage Service Area), Total Toxic Organics, Zinc, and a total of all other materials regulated in 360 CMR 10.024(2) (for the respective sewer service area) and not otherwise listed in Step Five: top part = six points; middle part = four points; bottom part = two points.

3. Aluminum (in the Clinton Sewerage Service Area), Copper, Hexachlorobutadiene, Lead, Mercury, Pesticides, Polychlorinated Biphenyls, Silver (in the Clinton Sewerage Service Area), and a total of all other materials prohibited by 360 CMR 10.000: Appendix C (in the Clinton Sewerage Service Area): top part = nine points; middle part = six points; bottom part = three points.

Step Six. The Authority will double the points it assigned a location in Step Five for each pollutant for which the location was in significant noncompliance, as defined at 40 CFR 403.8(f)(2)(vii)(A) and (B), in the fiscal year in which the sampling was done. Step Seven. The Authority will total the points it assigned to each location in Steps Five and Six to yield each location's total monitoring point score.

(b) After determining the total monitoring point score for each location, the Authority will list all the locations in descending order from highest to lowest total monitoring point score. The locations in the top 10% of the total number of locations on the list shall have a High Monitoring Point Score; the locations in the bottom 50% of the total number of locations on the list shall have a Low Monitoring Point Score; the remainder of the locations on the list shall have a Middle Monitoring Point Score. For locations with the same total monitoring point score: If a point score would place a location in the top 10% all locations with that point score shall be considered in the top 10% if a point score would place a location in the bottom 50%, all locations with that point score shall be considered in the bottom 50%.

(c) For purposes of the monitoring charge, an SIU's monitoring point score shall be based on its location with the highest total monitoring point score.

(4) There shall be no monitoring charge under 360 CMR 10.102(1) for a Category G1, G2, D1 and C1 Permit.

(5) Whether a Person is an SIU and whether a Person's Permit requires the Person to monitor its wastewater and report the result to the Authority shall be based on the Person's SIU status and Permit as of the June 30^th immediately prior to the billing done pursuant to 360 CMR 10.103. A change in SIU status or monitoring and reporting requirements after June 30^th shall not affect that year's charge. If a Person's initial Permit is issued after June 30^th, that initial Permit will be used to determine the monitoring charge for that year.

(6) If an SIU has an operation covered by a National Categorical Pretreatment Standard with no discharge and only a Non-SIU flow requiring monitoring and reporting, the Non-SIU monitoring charge shall be assessed rather than the SIU monitoring charge.

(7)Additional Charge for Late and Non-submittal of Reports. In addition to the monitoring charge required by 360 CMR 10.102(1), each Person shall be assessed and pay an annual monitoring charge for each self-monitoring report required by the Person's Permit that was not submitted to the Authority within 45 days after the date the report was due or that was submitted without a required analytical result. The charge each year will be based on all reports due during the previous Authority fiscal year (July 1^st through June 30^th). The amount of the charge is:

(a) In Authority Fiscal Year 2024:	$192
(b) In Authority Fiscal Year 2025:	$198
(c) In Authority Fiscal Year 2026:	$204
(d) In Authority Fiscal Year 2027:	$210
(e) In Authority Fiscal Year 2028:	$216
(f) In Authority Fiscal Year 2029 and all later	Authority Fiscal Years: $223

360 CMR, § 10.102

Amended by Mass Register Issue 1399, eff. 9/6/2019.

Amended by Mass Register Issue 1526, eff. 7/19/2024.