Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 10.000 - Sewer Use
INCENTIVE AND OTHER CHARGES
Section 10.103 - Billing, Payment, and Appeals for Permitting and Monitoring Charges

Universal Citation: 360 CMR 10.000 MA Code of Regs 10.103

Current through Register 1531, September 27, 2024

(1) Date of Bill. The Authority shall bill each Person in each Authority fiscal year for the annual amounts due pursuant to 360 CMR 10.101 and 10.102 for permitting and monitoring charges, and it may bill in the fiscal year in which it will issue an initial Permit (not a renewal or revision) for a facility that was not permitted as of June 30th. It may also bill in the fiscal year in which it will issue a notice of coverage for a General Permit or a Permit to a facility that had been operating with a General Permit. There shall be one bill for each Permit; a Person with more than one Permit shall receive one bill for each Permit.

(2) Initial Permit - Permitting and Monitoring Charges in the First Bill. For an initial Permit (not a renewal or revised Permit), the charge in the first bill shall be based on the category established with the initial Permit and determined as follows:

(a) The permitting charge shall be:
1. the full charge for a Permit to be issued between July 1st and December 31st;

2. 1/2 the full charge for a Permit to be issued between January 1st and June 30th, except

3. a Category 12 and a General Permit shall have the full charge, regardless of when the Permit is issued, and

4. a D1, G1 and G2 shall pay the full amount for the Notice of Intent, regardless of when the Permit is issued.

(b) The monitoring charge shall be the full charge. For an SIU, the full low monitoring point score charge will be used.

(c) Retroactive Charge: If a Person failed to complete and submit an application or Notice of Intent for a Permit when it was required to have a Permit, the Person shall be responsible to pay the charges that would have been assessed for the time it was required to have had a Permit, up to a period of three years before the date of the bill. The bill for the initial Permit may include those charges.

(3) Payment for an Initial Permit. Full payment for an initial Permit may be required before the Permit is issued.

(4) Category 12 Permit Charges. Full payment of Permit charge shall be paid when the application is submitted. Permit applications will not be processed without full payment of Permit charge. Monitoring charges shall be paid prior to the issuance of the Permit.

(5) Content of Bill. The bill shall indicate the total amount of the charge to be paid, the amount for each of the permitting and monitoring charges, and the payment terms, and shall provide notice of the late payment charges the Authority may assess, the actions the Authority may take for late payment or nonpayment, and the appeal rights of the permittee.

(6) Payment Due Date. Each Person shall pay the charge due to the Authority by the date required by the billing, which shall be 30 days from the date of the bill.

(7) Late Payment and Service Charges. The Authority may assess late payment charges for a charge not fully paid by its due date. The amount of the late payment charges shall be interest at the rate of 1% per month on the outstanding balance (including interest and service charges). The Authority may also assess a service charge of $50 for each check returned for insufficient funds or otherwise dishonored. The Authority may send statements during the course of the year to each Person that has not fully paid a Permit or monitoring charge, late payment charge, or service charge. The statement shall include the amount that is due.

(8) Disputes, Appeal Rights, and Procedures.

(a) A Person that disagrees with the amount of its permitting or monitoring charge shall have 30 days from the date of the annual bill 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 permit category and the monitoring category the Person is appealing disputing, the permit and monitoring category the Person claims is correct, and the facts and contentions supporting the petition. A Person that disputes its charge shall pay by the date required by the billing, the amount that is due for the permitting and monitoring category the Person claims is correct, pending resolution of the petition. A Person that fails to pay timely the amount it claims is due shall have its petition dismissed.

(b) The Authority may schedule an informal interview with the Person to discuss the appeal, 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. The Person may appeal the written ruling 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.

(9) Nonpayment Procedures. The Authority may take one or more of the following actions if a Person does not fully pay its permitting or monitoring 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.

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