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 9.12 - Authorization of Emergency Action

Current through Register 1525, July 5, 2024
In the rare situation where immediate action is essential to
				avoid or eliminate a serious and immediate threat to the public health or
				safety or to the environment, a person may act without a certification,
				provided that the person obtains prior approval of the Department or
				authorization under M.G.L. c. 131, § 40. Any emergency authorization
				issued by the Department shall not relieve such person from compliance with
				other applicable federal, state, and local requirements and approvals,
				including approval by the Corps of Engineers. The Corps of Engineers' emergency
				provisions for Section 404 permits are located at
				33 CFR
				325.2(e)(4).
(1) Any activity subject to the jurisdiction
			 of
			 310 CMR
			 10.00: Wetlands Protection which has been certified as
			 an emergency by a conservation commission conducted in accordance with
			 310 CMR 10.06:
			 Emergencies, or by the Department under
			 310 CMR
			 10.06(5), or is authorized
			 under
			 310 CMR
			 10.06(6)(a)4., and any oil
			 or hazardous material "Immediate Response Action" undertaken in accordance with
			 the provisions of
			 310 CMR
			 10.06(7), is also authorized
			 under
			 314 CMR 9.00.
(2) Absent authorization under
			 310 CMR
			 10.00: Wetlands Protection, a written request shall be
			 submitted to the Department which describes the location, the work to be
			 performed, and why the project is necessary for the protection of the
			 environment or the health or safety of the public. Emergency approval shall be
			 issued in writing and shall specify the limits of activities necessary to abate
			 the emergency. When the necessity for undertaking the emergency action no
			 longer exists, any emergency action shall cease until compliance with the
			 provisions of
			 314 CMR 9.00. In any event,
			 the time limit for performance of emergency work shall not exceed 30 days,
			 unless a written extension is approved by the Department. The emergency
			 authorization may require the submission of an application. No work may be
			 undertaken without emergency authorization under M.G.L. c. 131, § 40,
			 M.G.L. c. 91, and M.G.L. c. 30, §§ 61 through 62H, where
			 applicable.
(3) Any activity
			 subject to the jurisdiction of
			 310 CMR
			 9.00: Waterways which is eligible for authorization by
			 the Department under
			 310 CMR
			 9.20: Authorization of Emergency Actions may
			 receive emergency authorization under 314 CMR 9.12, provided that the applicant
			 submits sediment data or other information if requested by the
			 Department.
(4) "Immediate Response
			 Actions" not subject to the jurisdiction of
			 310 CMR
			 10.00: Wetlands Protection, which receive oral
			 approval from the Department pursuant to
			 310
			 CMR 40.0420(2), or are
			 initiated 24 hours prior to notification and oral approval pursuant to
			 310
			 CMR 40.0420(7) and (8), may
			 commence before a written request under 314 CMR 9.12(2) is submitted to the
			 Department, provided the request is made within 24 hours after the Department's
			 oral approval. Once a request for emergency certification has been made
			 pursuant to 314 CMR 9.12(2), work that commenced prior to such filing may
			 continue pending a decision on the request by the Department.