(1) A
penalty shall be paid by certified check, cashier's check, or money order
payable to the Massachusetts Water Resources Authority.
(2) Each administrative penalty shall be paid
in full as follows:
(a) If the Person assessed
the penalty waives its right to a hearing, the Penalty shall be paid in full no
later than 30 days after the date of issuance of the Penalty Assessment
Notice.
(b) If the Person assessed
the penalty seeks a hearing under
360 CMR
1.00:
Adjudicatory Proceedings and
360 CMR 2.00, the penalty
shall be paid in full upon the conclusion of the hearing, as follows:
1. If the proceeding is ended by written
agreement, no later than 30 days after the Executive Director approves the
agreement;
2. If the proceeding is
ended by a Final Decision approved and signed by the Executive Director, no
later than 30 days after the approval;
3. If a civil action for judicial review of a
final decision is commenced pursuant to M.G.L. c. 30A, and the court upholds
the assessment in whole or in part, no later than 30 days after the date of the
court's decision, unless the court orders otherwise.
(c) The Authority may authorize payment of a
Penalty at a time or times later than those prescribed pursuant to 360 CMR
2.34. No such authorization shall be valid, unless made by the Executive
Director expressly and in writing. In the absence of any such express written
authorization, the provisions of 360 CMR 2.34(2)(b) shall apply. If the
Authority gives any such express written authorization, the Penalty shall be
paid in full at the time or times specified.
(3) A Person who fails to pay a penalty in
full and on time in compliance with 360 CMR 2.34 shall be liable to the
Authority for costs, interest from the time the penalty became final, and
attorneys' fees, including all costs and attorney's fees incurred directly in
collecting the penalty. This is in addition to any other remedy authorized by
law. Interest shall be calculated at the rate set forth in M.G.L. c. 231,
§ 6C, for purposes of 360 CMR 2.34(3), a penalty becomes final and
interest begins as follows:
(a) On the date of
issuance, unless it is timely appealed pursuant to
360 CMR
2.22;
(b) On such date as the parties agree to in a
written agreement ending an adjudicatory proceeding;
(c) If a stipulated penalty is incurred under
the terms of a written agreement, on the date that the stipulated penalty,
including any appeal process pursuant to the terms of the agreement, becomes
final;
(d) On the date that a Final
Decision in favor of the Authority is signed by the Executive Director;
or
(e) If a civil action for
judicial review of a Final Decision is commenced pursuant to M.G.L. c. 30A, and
the court upholds the assessment in whole or in part, from the date of entry of
judgment pursuant to M.R. Civ. P. 54(d) through (f), unless the Court orders
otherwise.
