Low-level Radioactive Waste Management Fund Assessments

(1) General. Annual assessments shall be payable byalllicensees and registrants in the amounts set forth in 345 CMR 4.03(2). Amounts assessed shall be deposited in the Fund and may be expended by the Board, subject to appropriation, to carry out the duties and powers conferred by M.G.L. c. 111H. (2) Assessment Amounts. (a) The total amount to be assessed shall be apportioned annually by vote of the Board in accordance with the schedule set forth in 345 CMR 4.03. (b) Each licensee or registrant shall pay a flat assessment of $150.00 per year, except for those licensees or registrants performinglead paint analysis using x-ray fluorescence analyzers. Licensees or registrants using x-ray fluorescence analyzers to perform lead paint analysis shall pay a flat assessment of $100.00 per year. These assessments apply whether or not such licensee or registrant has produced and shipped waste off site or stored waste for later disposal. (c) Inadditionto the flat assessment established pursuant to 345 CMR 4.03(2)(b), proportional assessments shall be calculated in accordance with 345 CMR 4.03, as follows: 1. For each licensee and registrant, the volume of Class A, B and C waste shall be measured by the average annual amount of waste produced and shipped for disposal off site or stored for later disposal by such licensee or registrant. To establish this average, the Boardshallutilize the yearly production figures given in the Board's annual survey for the most recent calendar year for which, in the judgment of the Board, data sufficient for these purposes have been produced, except that, if the Board determines that such survey have not produced one years' data sufficient for these purposes, it shall substitute whatever data, in its judgment, best approximates the data required. Class A waste thus measured shall be subclassified either as high volume, low activity waste or as other Class A waste. 2. The volumes established for each licensee or registrant pursuant to 345 CMR 4.03(2)(c)1. shall be multiplied by the weighting factor assigned in 345 CMR Table 4.03A to each waste classification and then summed. TABLE 4.03A Waste Classification Weighting Factor High volume, low activity Class A Class B Class C 3. The sumestablished for each licensee or registrant pursuant to 345 CMR 4.03(2)(c)2. shall then be multiplied by the classification of radioactivity factor assigned in 345 CMR Table 4.03B to such licensee or registrant whohasshippedwaste for disposal off site or stored waste for later disposal. TABLE 4.03B Radioactivity of Waste Shipped for Disposal Off Site or Stored for Later Disposal Classification of Radioactivity Factor Less than 1.0 curies/year 1.0 curies/year or more but less than 10.0 curies/year 10.0 curies/year or more but less than 100.0 curies/year 100.0 curies/year or more 4. The volume of high volume, low activity waste established for each licensee or registrant pursuant to 345 CMR 4.03(2)(c)1. shall be multiplied by the classification of radioactivity factor assigned in 345 CMR Table 4.03B to such licensee or registrant who has shipped waste for disposal off site or stored waste for later disposal. (d) The proportional assessment for each licensee or registrant shall be $5.10 per cubic foot of the weighted volume calculated for suchlicensee or registrant pursuant to 345 CMR 4.03(2)(c)3. plus $1.275 per cubic foot of the weighted volume of high volume, low activity waste calculated for such licensee or registrant pursuant to 345 CMR 4.03(2)(c)4. (3) Time of Assessment. The assessment shall be due and payable 90 days after written notice to the person upon whom such assessment is imposed. (4) Statement of Assessment Amount. (a) The Board shall provide the licensee or registrant a written statement of the amount due. The statement may be provided by mail or personal delivery to the correspondence address listed in the license or registration, to the address of the licensed or registered facility, or to any other correspondence address used by the licensee or registrant; or by any means provided for service of process; or by other means reasonably calculated to assure receipt by the licensee or registrant. (b) The statement of assessment amount shall include, without limitation, the following: 1. the amount due; 2. the date by which payment is due; 3. the manner and form in which payment may be made; 4. the licensee's or registrant's right to contest the validity or amount of the assessment by requesting a hearing pursuant to 345 CMR 4.03(6); 5. a statement that any amount paid shall be received subject to the provision of 345 CMR 4.03(8); and 6. notice of the consequences of failure to make timely payment pursuant to 345 CMR 4.04. (5) Payment of Assessment. The licensee or registrant shall make payment in full on or before the due date, and in the manner and form, specified in the statement of assessment amount. Late payment, nonpayment, partial payment, or failure to make payment in the specified manner and form shall constitute failure by the licensee or registrant to pay the assessment when due. (6) Right to a Hearing. Any licensee or registrant who receives a statement of assessment amount pursuant to 345 CMR 4.03(4) and who wishes to contest the validity, method of computation or amount of such assessment shall have the right to request a hearing regarding the matter in dispute. Such request shall state, with reasonable specificity, the factual and legal basis for the licensee's or registrant'sposition. Any licensee or registrant who does not request a hearing in writing within21days of the issuance of the statement of assessment amount shall be deemed to have waived the right to contest the validity, method of computation, or amount of the assessment made. (7) Obligation to Pay Assessment. (a) The filing of a request for a hearing pursuant to 345 CMR 4.03(6) shall not relieve the licensee or registrant fromthe obligation to pay the assessment pursuant to 345 CMR 4.03(5). Except as otherwise provided in 345 CMR 4.03(7)(b), any licensee or registrant who fails to make timely payment of an assessment in accordance with 345 CMR 4.03(5) shall be deemed to have withdrawn any request for hearing filed regarding such assessment and to have waived the right to contest the validity, method of computation or amount of the assessment made. (b) No hearing shall be conducted regarding the validity or amount of an assessment unless timely payment of such assessment has been made in accordance with 345 CMR 4.03(5). (8) Right to Refund. If, after a hearing conducted pursuant to 345 CMR 4.03(6), or by agreement with the licensee or registrant requesting such a hearing, the Board determines that the amount of a licensee's or registrant's assessment is incorrect, it shall promptly refund to the licensee or registrant, without interest, the amount by which the sum paid bysuch licensee or registrant pursuant to 345 CMR 4.03(5) exceeds the total of the correct assessment and any interest or penalties due.