N O T I C E

The Massachusetts Department of Environmental Protection, acting in accordance with M.G.L. c. 131, s. 40; and c. 21 ss. 26 through 53; gives notice of its proposed revisions to the Wetlands Protection Act Regulations, 310 CMR 10.00 (the "Wetlands Regulations") and the 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, 314 CMR 9.00 ("Water Quality Certification Regulations").

The Wetlands Regulations and the Water Quality Certification Regulations currently require compliance with the standards in the Department's Stormwater Policy.  The proposed regulations incorporate the Stormwater Management Standards from the Stormwater Policy, eliminating the need for the Policy. The Stormwater Management Standards also are proposed to be revised to promote increased stormwater recharge, the use of low impact development techniques, the removal of illicit discharges to stormwater management systems, and the improved operation and maintenance of stormwater management systems.  The proposed revisions also detail when the Stormwater Management Standards apply. 

Proposed new sections to the Wetlands Regulations, 310 CMR 10.02 and 10.04, which encourage the use of Low Impact Development Best Management Practices by making it easier to operate, maintain, and modify said practices, provide that: (a) the maintenance of a stormwater management system constructed in accordance with the Stormwater Management Standards do not require the filing of a Notice of Intent; (b) the operation of a stormwater management system constructed after the effective date of the proposed revisions does not create additional wetland resource area or buffer zone; and (c) review of proposed modifications to a stormwater management system constructed after the effective date of the proposed  revisions shall be limited to maintenance of the stormwater functions of the system, compliance with the Stormwater Management Standards, and compliance with only those performance standards that would apply in the absence of the stormwater management system.

Proposed revisions to the Wetlands Regulations also include the following:

• clarification of activities that are not subject to regulation under the Wetlands Protection Act to make the Wetlands Regulations consistent with the Act;
• clarification that the definition of "Order" in the regulation to include Orders of Resource Area Delineation;
• clarification that the fee for filing an Abbreviated Notice of Resource Area Delineation cannot exceed $2000.00;
• clarification that applicants pursuant to the Wetlands Protection Act must notify abutters in writing and may deliver such notification by hand, as provided in the Act;
• correction of the citation references for "Designated Port Area"; and
• addition of the regulatory citation for the designation of "densely developed areas".

Public hearings on the proposed changes will be conducted at the Department's Boston and regional offices as follows:

May 1, 2007
9:30 a.m.-12:00 noon,
Southeast Regional Main Office
20 Riverside Drive,
Lakeville, MA 02347

2:30 p.m. - 4:00 p.m.
Northeast Regional Office
205B Lowell Street
Wilmington, MA 01887

May 2, 2007
2:00 p.m. - 4:30 p.m.
Boston Office
2nd Floor Conference Rooms
One Winter Street
Boston, MA 02108

May 3, 2007
9:30 a.m. -12:00 noon
Western Regional Office
436 Dwight Street
Springfield, MA 01103

2:30 p.m. -5:00 p.m.
Central Regional Office
627 Main Street
Worcester, MA 01608

Comments may be presented orally or in writing at the hearings on the proposed revisions. Written comments will also be accepted until 5:00 p.m. on May 14, 2007 and  must be submitted to:

Department of Environmental Protection
Bureau of Resource Protection
One Winter Street, Fifth Floor
Boston, MA 02108
Attn: Lealdon Langley

Written comments may also be sent via email at the following address: Stormwater.Policy@state.ma.us

Copies of the proposed regulations and background information will be available for inspection during normal business hours at: the Bureau of Resource Protection, One Winter Street, Boston, MA, the four regional offices of MassDEP and MassDEP's web site at http://www.mass.gov/dep/service/regulations/newregs.htm#stormwater.

For special accommodations for these events or hearing information in an alternate format, please contact Aprel McCabe, MassDEP's ADA Coordinator, at 617-556-1171, BAS/HR, 3rd Floor, One Winter Street, Boston, MA 02108.