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

Universal Citation: 314 MA Code of Regs 314.9

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:

(a) the name and address of the applicant, the address of the proposed activity, and the date of the Department's determination;

(b) the federal permit number, the 401 Water Quality Certification Transmittal Number and the Wetlands Protection Act File Number, if applicable and available;

(c) a statement that there is or is not reasonable assurance that the activity will be conducted in a manner which will not violate applicable Surface Water Quality Standards at 314 CMR 4.00: Massachusetts Surface Water Quality Standards as implemented by 314 CMR 9.00 and a statement of reasons if certification is denied;

(d) any conditions deemed necessary by the Department to insure maintenance or attainment of water quality, minimization of any damage to the environment that may result from the project, or compliance with any applicable provisions of Massachusetts law that the Department is authorized to administer. As a condition of certification of subdivisions or other phased activities, applicants may be required to record a deed restriction which would limit subsequent discharges of dredged or fill material to ensure that the criteria for the evaluation of applications have been applied to a single and complete project, including all components of multi-phased activities;

(e) the date the work may begin. No activity may begin prior to the expiration of the appeal period or until a final decision is issued by the Department if an appeal is filed;

(f) a statement that the certification does not relieve the applicant of the duty to comply with any other statutes or regulations;

(g) notification of the right to request an adjudicatory hearing as described in 314 CMR 9.10; and

(h) where applicable, other state law determinations or approvals, including but not limited to a Chapter 91 dredging permit under 310 CMR 9.05(2): Activities Requiring a Permit Application.

(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.

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