Payment is required by the due date shown on the original invoice. Unpaid invoices will begin accruing interest on the day following the original invoice due date and will continue to accrue interest that will be shown on subsequent notices. In addition, if your failure to pay continues beyond 120 days from the original invoice due date, your account will be deemed delinquent by the Department and referred for intercept of state payments or tax refunds and referral to a collection agency under M.G.L. c. 7A, M.G.L. c. 62D and 815 CMR 9.00.

The permit categories listed under "Description" on the front of this invoice represent the formal status of your permit(s) in the records of the Department as of the beginning of the Fiscal Year on July 1, or for Environmental Results Program certifiers, the date the facility certified, on or before the certification due date. If you believe your permit has been assigned to the wrong category you may request a review on or before the payment due date on the face of the original invoice. ALL SUCH REVIEW REQUESTS MUST BE ACCOMPANIED BY PAYMENT IN FULL OF THE AMOUNT OF THE FEE DUE FOR THE CATEGORY YOU ASSERT IS APPROPRIATE, OR YOUR REQUEST MAY BE DEEMED INVALID. The request for review per 310 CMR 4.03(8) must include the following information:

  1. the permittee's name, site address, customer number and invoice # (as shown on the face of the invoice);
  2. the permit fee category, the amount due for that category according to the invoice, and the due date of the fee you are contesting;
  3. the permit fee category you assert is appropriate;
  4. full amount of the fee for the category you are asserting is appropriate; and
  5. the reasons you believe another category is appropriate.

All review requests should be sent to the mailing address shown on the invoice Attention: Review Requests. In addition, the Remit Slip of the invoice MUST be included. After reviewing the above request, the Department will issue you a written determination of the correct permit status.

Inquiries regarding unpaid balances from a prior year may be sent to the mailing address on this invoice.

All requests to extend the time for making payment due to a severe financial hardship shall be filed in writing on or before the due date on the front of the original invoice. The request for a hardship extension per 310 CMR 4.03(6) shall include the following information:

  1. the permittee's name, site address, customer number and invoice # (as shown on the face of this invoice);
  2. the permit category (as shown on the face of this invoice);
  3. the fee amount due (as shown on the face of this invoice);
  4. the fee due date;
  5. a statement of specific circumstances you believe constitute severe financial hardship;
  6. a proposed schedule for making payment;
  7. the reasons you believe the proposed schedule is appropriate.

All hardship requests should be sent to the mailing address shown on this invoice Attention: Hardship Requests. In addition, the remit slip of this invoice MUST be included. The Department will contact you to discuss your request and/or issue you a written determination approving or denying a payment plan.

Payment shall be made by the due date of the original invoice unless a review or hardship request is received by that due date. Payment based on the review request decision shall be due within 30 days from the date of the decision. Failure to pay in full shall result in suspension of the permit by operation of law. A permit shall be invalid during the period of any such suspension. Suspension of a permit shall constitute commencement of enforcement, which may result in revocation of the permit. Additionally, under the provision of 310 CMR 4.03(7)(e), the Department may deny any pending permit applications you may have filed.

Upon receipt of payment for the total due, the suspended permit shall be reinstated automatically.

If the permittee's failure to pay an annual compliance assurance fee continues for 60 days or more beyond the original invoice due date, the Department may revoke the permit. The Department shall notify the permittee of the revocation by certified mail or personal delivery to the address listed in the permit or permit application, or by any means provided for service of process. The revocation shall take effect on the date issued by the Department, or such other date as specified in the Department's notice.

If the Department revokes your permit for failure to pay, as provided in 310 CMR 4.03(7) (b), the Department shall notify you and may publicly release the names of parties subject to such suspension or revocation. In the event of untimely payment, interest shall be assessed on the balance due. Late filed review or hardship requests shall result in interest accruing.

Nothing in the above statements shall be construed to limit or bar the Department from assessing a penalty or taking other appropriate enforcement action for violation of a permit condition, order, or other requirement pursuant to any statue or regulation.

* For annual compliance assurance fees pursuant to M.G.L.c.21A,s.18 and 310 CMR 4.00

ACF Billing Rights / Revised: February 5, 2003

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