Restrictions on the Issuance of a Permit

The Department shall not issue a permit pursuant to 314 CMR 3.00: (1) When the conditions of the permit do not provide for compliance with the applicable requirements of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53 and the Clean Water Act, 33 U.S.C. 1251 et seq, and the NPDES regulations at 40 CFR Part 122. (2) When the applicant is required to obtain a State or other appropriate certification under 33 U.S.C. 1251 § 401 and that certification has not been obtained or waived; (3) Where the Regional Administrator has objected to issuance of the permit pursuant to 40 CFR 123.44; (4) When the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected States; (5) When, in the judgment of the Secretary of the Army, acting through the Chief of Engineers, anchorage and navigation in or on any of the waters of the United States would be substantially impaired by the discharge; (6) For the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste; (7) For any discharge inconsistent with a plan or plan amendment approved under 33 U.S.C. 1251 § 208(b) or 303(e) or M.G.L. c. 21, § 27(10); or (8) For any discharge to the territorial sea, in the following circumstances; (a) Before the promulgation of guidelines under 33 U.S.C. 1251 § 403(c) (for determining degradation of the waters of the territorial seas, the contiguous zone, and the oceans) unless the Department determines permit issuance to be in the public interest; or (b) After promulgation of guidelines under 33 U.S.C. 1251 § 403(c) when insufficient information exists to make a reasonable judgment whether the discharge complies with them.