Authorization of Emergency Actions

In an emergency situation where swift and immediate action is essential to avoid or eliminate a serious and immediate threat to health, safety, or the environment, the Department may approve a project or portion thereof, without a license or permit, in accordance with the following procedures. (1) A written request shall be submitted to DEP which describes the location, and work to be performed and specifies why the project is necessary for the protection of the health or safety of the public or the environment. Accompanying this request shall be a written statement from a federal, state or municipal agency certifying that there is an emergency and specifying why said project is necessary to avoid or eliminate a serious and immediate threat to public health, safety, or the environment. (2) Emergency approval shall be issued in writing and shall specify the limits of activities necessary to abate the emergency. (3) When the necessity for undertaking the emergency action no longer exists, any emergency action taken under 310 CMR 9.20 shall cease until the provisions of 310 CMR 9.00 have been complied with. In any event, the time limit for performance of emergency work shall not exceed 30 days, unless a written extension is approved by the Commissioner or appropriate Regional Director. (4) In all cases under 310 CMR 9.20, the person performing any emergency work is required to submit a license or permit application in accordance with 310 CMR 9.11 within 30 days of the date of emergency approval unless a written extension is approved by the Commissioner. Following the review of the application, the Department may require any modification to the emergency work that it deems necessary. (5) In emergency situations where written notice is not feasible, verbal notice to and approval by the Commissioner or appropriate Regional Director may be substituted until written notice can be feasibly submitted. (6) No work authorized under an emergency approval pursuant to 310 CMR 9.00 may be undertaken without emergency authorization under M.G.L. c. 131, § 40 and 310 CMR 10.00: Wetlands Protection and M.G.L. c. 30, §§ 61 through 62H, where applicable.