Federal Safe Drinking Water Act Assessment

(1) Basis for Assessment Rate. By October 1 of each year, the Department, in consultation with the Advisory Committee, shall set the Assessment Rate at a uniform level not to exceed 1¢ per 1000 gallons of withdrawal amount and/or estimated withdrawal amount, for billing in the following fiscal year. The Assessment Rate shall be set so that receipts in the aggregate shall be reasonably related to defraying the Department's costs for monitoring, inspections, technical assistance, reporting and enforcement activities necessary to ensure compliance with the Federal Safe Drinking Water Act, 310 CMR 21.00 and 310 CMR 22.00. (2) Notification of Assessment Rate. End suppliers shall be notified by the Department by mail of the Assessment Rate and the flat rate schedule set out in 310 CMR 21.05(2)(b) by November 1 ofeach year. (3) Notification of Assessments and Payments Due. Assessments for each fiscal year shall be due after July 1 of each year as directed by the Department. At least 45 days before the date an Assessment is due, the Department shall deliver to the end supplier a written statement of the amount due. The statement shall be considered to be delivered ifprovided bymailor personal delivery to the correspondence address listed in the end supplier's permit or permit application, to the address of the permitted facility or project, or to any other correspondence address used by the end supplier; or by other means reasonably calculated to assure receipt by the end supplier. (4) Collection, Interest and Penalties. Each end supplier shall remit to the Department the Assessment due that year as directed by the Department. In the event of untimely payment, interest shall be assessed on the balance due at the rate determined by the Commissioner of Administration under M.G.L. c. 29, § 29C. Interest on overdue remittances, including applicable penaltiesif any, shall be borne by the end supplier. The Department may impose penalties not to exceed $5,000 per day for failure of end suppliers to remit the Assessment to the Department.