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 1525, July 5, 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) the name and address of the applicant and
			 property owner;
(b) the location of
			 the proposed activity;
(c) a brief
			 description of the activity;
(d)
			 the name and address of the person from whom additional information may be
			 obtained;
(e) the 21 day time
			 period within which the public may comment;
(f) the office and address within the
			 Department to which comments should be addressed; and
(g) a statement that any ten persons of the
			 Commonwealth, any aggrieved person, or any governmental body or private
			 organization with a mandate to protect the environment that has submitted
			 written comments may also appeal the Department's Certification and that
			 failure to submit comments before the end of the public comment period may
			 result in the waiver of any right to an adjudicatory hearing.
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.