Authority, Jurisdiction, and Purpose

(1) Authority. 314 CMR 9.00 is adopted pursuant to § 27 of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53 and establishes procedures and criteria for the administration of Section 401 of the federal Clean Water Act, 33 U.S.C. 1251, for the discharge of dredged or fill material, dredging, and dredged material disposal in waters of the United States within the Commonwealth. 314 CMR 9.07 is also adopted pursuant to M.G.L. c. 21A § 14; M.G.L. c. 21C; M.G.L c. 21E; M.G.L. 21H; M.G.L. c. 91, §§ 52 through 56; and M.G.L. c. 111, §§ 150A through 150A½ relative to upland reuse and disposal of dredged materials. (2) Jurisdiction. 314 CMR 9.00 applies to the discharge of dredged or fill material, dredging, and dredged material disposal activities in waters of the United States within the Commonwealth which require federal licenses or permits and which are subject to state water quality certification under 33 U.S.C. 1251. The federal agency issuing a permit initially determines the scope of geographic and activity jurisdiction. (e.g. the Corps of Engineers for Section 404 permits for the discharge of dredged or fill material). 314 CMR 9.07 also applies to any dredging project and the management of dredged material within the marine boundaries and at upland locations within the Commonwealth. (3) Purpose. 314 CMR 9.00 is promulgated by the Department to carry out its statutory obligations to certify that proposed discharges of dredged or fill material, dredging, and dredged material disposal in waters of the United States within the Commonwealth will comply with the Surface Water Quality Standards and other appropriate requirements of state law. 314 CMR 9.00 implements and supplements 314 CMR 4.00: Massachusetts Surface Water Quality Standards and is a requirement of state law under 33 U.S.C. 1251. 314 CMR 9.00 implements and supplements 314 CMR 4.00: Massachusetts Surface Water Quality Standards by, without limitation: (a) protecting the public health and restoring and maintaining the chemical, physical, and biological integrity of the water resources of the Commonwealth by establishing requirements, standards, and procedures for the following: 1. monitoring and control of activities involving discharges of dredged or fill material, (MA REG. #1272, Dated 10-24-14) dredging, and dredged material disposal or placement; 2. the evaluation of alternatives for dredging, discharges of dredged or fill material, and dredged material disposal or placement; and 3. public involvement regarding dredging, discharges of dredged or fill material, and dredged material placement, reuse or disposal. (b) establishing a certification program for the Department to persons seeking to discharge dredged or fill material, conduct dredging, and place, reuse or dispose of dredged material.