Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 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
Section 9.05 - Submission of an Application
Current through Register 1531, September 27, 2024
(1) Application Requirements. An applicant for 401 Water Quality Certification shall submit an application on the forms in the 401 Water Quality Certification application package currently available from the Department. If the project requires an Order of Conditions pursuant to 310 CMR 10.00: Wetlands Protection, or is a water-dependent use project that requires a Chapter 91 license, permit or other written approval pursuant to 310 CMR 9.00: Waterways, the applicant may submit a Combined Application. The application shall be prepared in accordance with instructions contained in the Department's application and submitted to the appropriate address(es). Failure to complete an application where required, to provide additional information by the requested deadline when an application is deficient, to provide public notice in the form specified, to notify other agencies where required, or to submit information for a single and complete project shall be grounds for denial of certification. The applicant has the burden of demonstrating that the criteria of 314 CMR 9.06, 9.07, or 9.08 have been met.
For projects permitted under 314 CMR 9.07, the applicant may request in writing a pre-application meeting with the Department. The Department has the discretion to grant such a request.
Demonstration or Pilot Projects. Any person who wishes to establish a demonstration or pilot sediment management project, related to activities within the jurisdiction of the 401 Certification, for the purpose of demonstrating the effectiveness and utility of an alternative or innovative management technology shall submit an application to the Department for a demonstration project permit/certification, notify the applicable board(s) of health and conservation commission(s) of the municipality(ies) where the project is proposed and consult with appropriate wildlife and/or fisheries agencies. The Department shall not approve a demonstration or pilot project unless it determines that the project will not cause or contribute to significant pollution of the air, water, or other natural resources of the Commonwealth; the project has merit and seeks to improve operational aspects of dredged materials management, produce significant cost savings, or serves to increase protection of human health and the environment; and, the applicant has provided adequate proof of financial assurance. The Department may approve a demonstration or pilot project for a limited time, with renewal contingent upon satisfactorily achieving project objectives and adequately protecting public health, safety, and the environment.
(2) Fee and Review Schedule. The fee and regulatory review schedule for actions by the Department in the review of a 401 Water Quality Certification application are set forth in 310 CMR 4.00: Timely Action Schedule and Fee Provisions.
(3) Public Notice of an Application: A public notice of an application for 401 Water Quality Certification shall be published by the applicant within ten days of submitting an application at the applicant's expense in a newspaper of general circulation within the area of the proposed activity, including, as applicable, the area where the following activities will occur: the discharge of dredged or fill material, the dredging activity, the location of any intermediate facilities, the site of any upland or in-water sediment placement. The public notice shall contain:
A person submitting an application for 401 Water Quality Certification who is also subject to M.G.L. c. 131, § 40, 310 CMR 10.00: Wetlands Protection and/or M.G.L. c. 91 and 310 CMR 9.00: Waterway may provide joint public notice by appending to the applicable notice required by 310 CMR 10.05(4): Notices of Intent and/or 310 CMR 9.13: Public Notice and Participation Requirements a statement that an application for 401 Water Quality Certification is pending before the Department, provided that the joint notice contains the information in 314 CMR 9.05(3)(a) through (g). A person may provide joint public notice even if the application is not a Combined Application. A person submitting an application for a dredging project shall concurrently file a copy of this public notice with the Board(s) of Health in the community(ies) in which each of the dredging or dredged material management activities, sites and/or facilities is to be located. A person submitting an application for the discharge of dredged or fill material to, or dredging within, an Outstanding Resource Water shall also publish a notice in the Environmental Monitor, and the 21 day time period within which the public may comment shall extend from the later of the date of publication of the newspaper or Environmental Monitor notice. All written comments providing relevant information shall be considered.
(4) The Department will conduct a site visit, providing notice to the applicant, the conservation commission of the city or town where the activity will occur, and any persons or groups which have submitted written comments prior to the date the site visit is scheduled. If the Department has previously inspected the site prior to issuing a Superseding Order of Conditions, receives no public comments in writing, or otherwise determines a site visit is not necessary or useful to its evaluation, it shall set forth its reasons in writing.
