Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 4.00 - TIMELY ACTION SCHEDULE AND FEE PROVISIONS › Section 4.03 - Annual Compliance Assurance Fee

Current through Register 1525, July 5, 2024
(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 1st, 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).