(1) All
projects must comply with applicable environmental regulatory programs of the
Commonwealth, including but not limited to:
(a) Massachusetts Environmental Policy Act,
M.G.L. c. 30, §§ 61 through 62H and
301 CMR
11.00: MEPA Regulations.
(b) Wetlands Protection Act, M.G.L. c. 131,
§ 40, and
310 CMR
10.00: Wetlands Protection.
(c) Wetlands Restriction Acts, M.G.L. c. 130,
§ 105 and c. 131, § 40A, and
310 CMR 12.00:
Adopting Coastal Wetlands Orders and
310 CMR 13.00:
Adopting Inland Wetlands Orders. All projects shall comply
with wetland restriction orders recorded pursuant to these statutes.
(d) Areas of Critical Environmental Concern,
M.G.L. c. 21A, § 2(7) and St. 1974, c. 806, § 40(E), and
301 CMR 12.00: Areas
of Critical Environmental Concern.
(e) Massachusetts Clean Waters Act, M.G.L. c.
21, §§ 26 through 53, and
314 CMR 3.00: Surface
Water Discharge Permit Program,
314 CMR 5.00: Ground
Water Discharge Permit Program,
314 CMR 7.00: Sewer
System Extension and Connection Permit Program,
314 CMR 9.00: 401
Water Quality Certification for Discharge of Dredged or Fill Material,
Dredging, and Dredged Material Disposal in Waters of the United States Within
the Commonwealth, and 310 CMR 15.00: The State Environmental
Code, Title 5: Standard Requirements for the Siting, Construction, Inspection,
Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for
the Transport and Disposal of Septage.
(f) Ocean Sanctuaries Act, M.G.L. c. 132A,
§§ 13 through 16 and 18, and
302 CMR
5.00: Ocean Sanctuaries. No license
or permit shall be issued for any structure or fill that is expressly
prohibited in M.G.L. c. 132A, §§ 1 through 16.
(g) Marine Fisheries Laws, M.G.L. c. 130, and
322 CMR 1.00:
Enforcement of Rules and Regulations.
(h) Scenic Rivers Act, M.G.L. c. 21, §
17B, and
302 CMR 3.00: Scenic
and Recreational Rivers Orders.
(i) Massachusetts Historical Commission Act,
M.G.L. c. 9, §§ 26 through 27C, as amended by St. 1982, c. 152 and
St. 1988, c. 254, and
950 CMR 71.00:
Protection of Properties Included in the State Register of Historic
Places. For projects for which a Project Notification Form must be
submitted pursuant to
950 CMR 71.07:
Review of Projects the applicant shall file said form with the
Massachusetts Historical Commission.
(j) Mineral Resources Act, M.G.L. c. 21,
§§ 54 through 58.
(k)
Massachusetts Drinking Water Act, M.G.L. c. 111, §§ 159 through 174A,
and
310 CMR
22.00: Land Application of Sludge and
Septage.
(l) Underwater
Archeological Resources Act, M.G.L. c. 91 and c. 6, §§ 179 and 180,
and
312 CMR 2.00:
Massachusetts Underwater Archaeological Resources.
(m) Hazardous Waste Management Act, M.G.L. c.
21C, and 310 CMR 30.000: Hazardous Waste.
(n) Solid Waste Disposal Act, M.G.L. c. 16,
§§ 18 through 24, and
310 CMR 16.00: Site
Assignment Regulations for Solid Waste Facilities.
(o) Air Pollution Act, M.G.L. c. 111,
§§ 142A through I, and
310 CMR
7.00: Air Pollution
Control.
(p) State Highway
Curb Cuts, M.G.L. c. 81, § 21.
(q) Energy Restructuring Act, M.G.L. c. 164,
§§ 69G through S, and
980 CMR 1.00 through
12.00.
(r) Regional land use control statutes,
including the Martha's Vineyard Commission Act, St. 1974, c. 637, c. 831, and
the Cape Cod Commission Act, St. 1989, c. 716.
(2) Where a state or regional agency has
authority to issue regulatory approval, issuance of such approval shall be
conclusive as to compliance with the regulatory program in question.
(3) With respect to M.G.L. c. 131, § 40,
and
310 CMR
10.00: Wetlands Protection, if the
Department has issued a final order of conditions the project shall be presumed
to comply with the statute and the final order shall be deemed to be
incorporated in the terms of the license or permit, with no additional wetland
conditions imposed. If an order of conditions has been issued by the
conservation commission and the Department has not taken jurisdiction, the
Department shall presume the project complies with state wetland standards,
except upon a clear showing of substantial noncompliance with such standards.
In that event, the Department shall impose such additional conditions in the
license or permit as will make the project substantially comply with state
wetlands standards.
(4) Where a
state agency has statutory responsibility but no authority to issue regulatory
approval, the Department shall act in accordance with any MOU with said agency
governing incorporation of its standards and requirements into waterways
licenses and permits. In the absence of an MOU, the Department shall presume
that the project complies with the statutes and regulations in question, unless
the responsible state agency informs the Department otherwise. In that event,
the Department shall consult with the responsible state agency and may adopt
any formal recommendations received therefrom, provided such recommendations do
not conflict with
310 CMR
9.00 or the purposes of M.G.L. c.
91.
