310 CMR, § 9.33

Current through Register 1536, December 6, 2024

Section 9.33 - Environmental Protection Standards

(1) All projects must comply with applicable environmental regulatory programs of the Commonwealth, including but not limited to:

(a) Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H and 301 CMR 11.00: MEPA Regulations.

(b) Wetlands Protection Act, M.G.L. c. 131, § 40, and 310 CMR 10.00: Wetlands Protection.

(c) Wetlands Restriction Acts, M.G.L. c. 130, § 105 and c. 131, § 40A, and 310 CMR 12.00: Adopting Coastal Wetlands Orders and 310 CMR 13.00: Adopting Inland Wetlands Orders. All projects shall comply with wetland restriction orders recorded pursuant to these statutes.

(d) Areas of Critical Environmental Concern, M.G.L. c. 21A, § 2(7) and St. 1974, c. 806, § 40(E), and 301 CMR 12.00: Areas of Critical Environmental Concern.

(e) Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53, and 314 CMR 3.00: Surface Water Discharge Permit Program, 314 CMR 5.00: Ground Water Discharge Permit Program, 314 CMR 7.00: Sewer System Extension and Connection Permit Program, 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, and 310 CMR 15.00: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage.

(f) Ocean Sanctuaries Act, M.G.L. c. 132A, §§ 13 through 16 and 18, and 302 CMR 5.00: Ocean Sanctuaries. No license or permit shall be issued for any structure or fill that is expressly prohibited in M.G.L. c. 132A, §§ 1 through 16.

(g) Marine Fisheries Laws, M.G.L. c. 130, and 322 CMR 1.00: Enforcement of Rules and Regulations.

(h) Scenic Rivers Act, M.G.L. c. 21, § 17B, and 302 CMR 3.00: Scenic and Recreational Rivers Orders.

(i) Massachusetts Historical Commission Act, M.G.L. c. 9, §§ 26 through 27C, as amended by St. 1982, c. 152 and St. 1988, c. 254, and 950 CMR 71.00: Protection of Properties Included in the State Register of Historic Places. For projects for which a Project Notification Form must be submitted pursuant to 950 CMR 71.07: Review of Projects the applicant shall file said form with the Massachusetts Historical Commission.

(j) Mineral Resources Act, M.G.L. c. 21, §§ 54 through 58.

(k) Massachusetts Drinking Water Act, M.G.L. c. 111, §§ 159 through 174A, and 310 CMR 22.00: Land Application of Sludge and Septage.

(l) Underwater Archeological Resources Act, M.G.L. c. 91 and c. 6, §§ 179 and 180, and 312 CMR 2.00: Massachusetts Underwater Archaeological Resources.

(m) Hazardous Waste Management Act, M.G.L. c. 21C, and 310 CMR 30.000: Hazardous Waste.

(n) Solid Waste Disposal Act, M.G.L. c. 16, §§ 18 through 24, and 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities.

(o) Air Pollution Act, M.G.L. c. 111, §§ 142A through I, and 310 CMR 7.00: Air Pollution Control.

(p) State Highway Curb Cuts, M.G.L. c. 81, § 21.

(q) Energy Restructuring Act, M.G.L. c. 164, §§ 69G through S, and 980 CMR 1.00 through 12.00.

(r) Regional land use control statutes, including the Martha's Vineyard Commission Act, St. 1974, c. 637, c. 831, and the Cape Cod Commission Act, St. 1989, c. 716.

(2) Where a state or regional agency has authority to issue regulatory approval, issuance of such approval shall be conclusive as to compliance with the regulatory program in question.

(3) With respect to M.G.L. c. 131, § 40, and 310 CMR 10.00: Wetlands Protection, if the Department has issued a final order of conditions the project shall be presumed to comply with the statute and the final order shall be deemed to be incorporated in the terms of the license or permit, with no additional wetland conditions imposed. If an order of conditions has been issued by the conservation commission and the Department has not taken jurisdiction, the Department shall presume the project complies with state wetland standards, except upon a clear showing of substantial noncompliance with such standards. In that event, the Department shall impose such additional conditions in the license or permit as will make the project substantially comply with state wetlands standards.

(4) Where a state agency has statutory responsibility but no authority to issue regulatory approval, the Department shall act in accordance with any MOU with said agency governing incorporation of its standards and requirements into waterways licenses and permits. In the absence of an MOU, the Department shall presume that the project complies with the statutes and regulations in question, unless the responsible state agency informs the Department otherwise. In that event, the Department shall consult with the responsible state agency and may adopt any formal recommendations received therefrom, provided such recommendations do not conflict with 310 CMR 9.00 or the purposes of M.G.L. c. 91.