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 9.09 - 401 Water Quality Certification
Current through Register 1531, September 27, 2024
(1) The Department will certify in writing to the appropriate federal agency and to the applicant whether or not the proposed project will meet applicable water quality standards and minimize environmental impacts through compliance with 314 CMR 4.00: Massachusetts Surface Water Quality Standards as implemented and supplemented by 314 CMR 9.00. Certification will be denied if the criteria of 314 CMR 9.06, 9.07, or 9.08 as applicable are not met. The Department shall send copies of the 401 Water Quality Certification or denial concurrently to the conservation commission, any person who submits written comments during the public comment period and any others who submit a written request. The certification or denial will contain:
(2) Written applications may be made to amend existing, valid 401 Water Quality Certifications and are subject to the Department's review and approval or denial.
(3) Written applications may be made to extend an existing, valid 401 Water Quality Certifications and are subject to the Department's review and approval or denial.
(4) If the applicant has submitted a Combined Application, the Department may issue a Combined Permit that serves as two or three of the following: the 401 Water Quality Certification issued pursuant to 314 CMR 9.00; the Superseding Order of Conditions issued pursuant to 310 CMR 10.00: Wetlands Protection; and for a water-dependent use project, the Chapter 91 license, permit or other written approval issued pursuant to 310 CMR 9.00: Waterways. Alternatively, the Department may issue a 401 Water Quality Certification that is separate from the Order of Conditions issued pursuant to 310 CMR 10.00 and/or the Chapter 91 license, permit, or other written approval issued pursuant to 310 CMR 9.00.