Current through Register 1531, September 27, 2024
(1) To recoup costs
incurred by the Authority to implement and enforce 360 CMR 10.000, the
Authority has adopted the following implementation charges:
(a) To respond to a request to allow a
one-time only discharge: $60 per hour. The minimum charge is three hours
($180). Payment of $180 shall be made before the Authority considers the
request. The charge for more than three hours, if appropriate, shall be paid
upon notice by the Authority and before the Authority provides a decision on
the request. The Authority, in its discretion, may waive all or part of the
charge for a request for a de minimis discharge.
(b) To respond to a spill or other release of
materials that enters or threatens to enter the Authority's sewer system or a
tributary to Authority's sewer system: $180 per hour. The minimum charge is
three hours ($540). The Authority may also charge for its sampling and
analytical costs and its costs of preventing the materials from entering the
sewer and for containing and removing materials from the sewer. The Person
responsible for the spill or other release shall pay the charge. If more than
one Person is wholly or partially responsible for the spill or other release,
each such Person is jointly and severally liable for the
charge.
(2)
Late Payment and Service Charges. The Authority may
assess a late payment charge of 1% per month on an outstanding balance
(including interest and service charges) of a charge not fully paid within 30
days of notice of the charge from the Authority. The Authority may also assess
a service charge of $50 for each check returned for insufficient funds or
otherwise dishonored.
(3)
Disputes, Appeal Rights, and Procedures.
(a) A Person that disagrees with the amount
of its charge shall have 30 days from the date of the notice of the charge from
the Authority to file a written petition with the Authority to dispute the
charge. The petition may not contest any matter that was previously decided,
unless material circumstances have changed since the decision. The petition
shall state the facts and contentions supporting the petition. A Person that
disputes its charge shall pay the amount it claims is due, if any, within 30
days of the notice of the charge by the Authority, pending resolution of the
appeal. A Person that fails to pay timely the amount shall have its petition
dismissed.
(b) The Authority may
schedule an informal interview with the Person to discuss the petition, or it
may review the petition on the basis of the materials submitted by the Person.
The Authority may also require additional information and documentation from
the Person to support the petition. After the Authority concludes its review of
the petition, it shall issue a written ruling on the petition.
(c) The Person may appeal the written ruling
issued by the Authority pursuant to division (d) by requesting in writing,
within 30 days of the date of the ruling, an adjudicatory hearing under the
provisions of 360 CMR 1.00: Adjudicatory Proceedings. Within
30 days after the date of the final Authority ruling, the Person shall pay the
amount due the Authority, if any, plus interest at the rate of 1% per month on
the amount due, computed from the date the appeal was filed.
(4)
Nonpayment
Procedures. The Authority may take one or more of the following
actions if a Person does not fully pay its charge, any late payment charge, or
service charge:
(a) Deny the Person's
application to renew its permit upon expiration of the permit until full
payment is made and, for an initial permit, not issue the permit until full
payment is made;
(b) Suspend the
Person's permit until full payment is made;
(c) Bring a civil action for collection of
the amount owed the Authority, including reasonable attorney fees and costs
incurred by the Authority in pursuing such action;
(d) Suspend the Person's water and/or sewer
service, with, where required, the approval of the municipal supplier;
and
(e) Take any other action
available to the Authority under law or regulation.
(5)
Charge Not Exclusive
Remedy. Imposition of a charge shall not limit the Authority's
ability to take any enforcement action authorized by law or regulation, or any
other action authorized by law or regulation, regardless of any charge assessed
or paid. Payment of a charge does not relieve a Person of any other liability
under any federal, state, Authority, or local law or regulation.
