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Summary of the June 27, 2003 Massachusetts Contingency Plan (MCP)-Related Fee Rate Changes
Annual Compliance Assurance Fees (ACFs)
Effective June 27, 2003, ACFs increased for M.G.L. chapter 21E disposal sites. These are the first increases since ACFs were adopted in 1993. Existing and new disposal sites will be subject to new ACF rates for billable years ending on or after June 27, 2003. There are also new rates for one-time RAO, RAM, and DPS fees for submittals made on or after June 27, 2003 when such fees are required. The new rates are set forth in 310 CMR 4.00, Timely Action Schedule and Fee Provisions and are summarized below. In addition, several new annual compliance fee categories have been established for homeowners.
Other ACF changes include: a new flat rate Tier IA ACF of $5,000 per year for billable years ending on or after June 27, 2003 (the Tier IA ACF will no longer be based on DEP's direct oversight costs); a new Tier ID default category for disposal sites where parties conducting response actions fail to tier classify by the classification deadline (also applicable to former "Tier IB default" sites); and the application of the Post-RAO Class C ACF to all Class C RAOs, not just those disposal sites where Active Operation and Maintenance is occurring. More information on MCP-related fees and timelines...
Reduced Fees for Homeowners
A homeowner who is conducting response actions at his or her residence to address a release of oil and who meets the definition established in 310 CMR 4.02 qualifies for reduced permit and annual compliance fees that are applicable on or after June 27, 2003. Qualifying homeowners must submit a certification on a DEP approved form (BWSC 120) to realize the reduction in fees. Get Form BWSC 120.
Homeowner is defined at 310 CMR 4.02 as an owner occupant of a residential one to four family structure who has provided a written certification on a Department approved form and whose structure has been used exclusively as a one to four family residence throughout his or her ownership, where the owner's unit is the owner's principal residence for six or more months of the year and the owner is conducting response actions at the residence in response to a release of oil.
Permit Application Fees
Tier I Permit Application Fees have not increased. Effective June 27, 2003, parties submitting Applications for a Tier I Permit Extension, Transfer and/or Major Modification concurrently for the same disposal site are required to pay only one Application Fee.
| Annual Compliance Fee Category |
Rates for Years
Ending Prior to 6/27/03* |
Fee Rates Effective 6/27/03 |
| Non-Homeowner |
Homeowner |
| Response Action Outcome (RAO) |
$750 |
$1,200 |
$1,200 |
| Release Abatement Measure (RAM) |
$500 |
$800 |
$800 |
| Downgradient Property Status (DPS) |
$1,000 |
$1,600 |
$1,600 |
| Tier IA Disposal Site |
Site Specific |
$5,000 |
$1,000 |
| Tier IB Disposal Site |
$2,600 |
$4,000 |
$1,000 |
| Tier IC Disposal Site |
$1,950 |
$3,000 |
$1,000 |
| Tier ID Disposal Site |
--- |
$4,000 |
$2,000 |
| Tier II Disposal Site |
$1,300 |
$2,000 |
$1,000 |
| Phase V Operation, Maintenance or Monitoring |
$500 |
$800 |
$800 |
| Post-RAO Class C |
$500 |
$800 |
$800 |
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Permit Fee Category |
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| Tier I Permit Application |
$3,550 |
$3,550 |
$500 |
| Tier I Permit Extension, Transfer or Major Modification |
$1,200 |
$1,200 |
$250 | * Applicable to all billable parties including Homeowners |
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