PROPOSED
ENVIRONMENTAL REGULATION CHANGES
PUBLIC COMMENT
NEEDED
The
Department of Environmental Protection (DEP) has released for public
comment revisions to the Wetlands Protection Act regulations (310 CMR 9.00)
regarding how storm water is managed at new or changed facilities, as well
as revisions to the "Water Quality Certification" regulations related to
dredging (314 CMR 9.00).
These proposed regulations
will substantially affect how marinas and boatyards build, alter or expand
facilities, so MMTA will be commenting on our members' behalf.
Please consider sending a brief letter of concern from you or your company,
to remind the state of the water dependent businesses on which the
Commonwealth relies for jobs and for provision of restorative recreation
for the public.
Public hearings will be held around the
state at each DEP regional office and at DEP Headquarters in Boston next
week. Comments may be presented orally or in writing at the hearings and
up until May 14. Even if you cannot attend a hearing, please consider
writing.
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
Written comments
will also be accepted until 5:00 p.m. on May 14, 2007 and should 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.
If you copy MMTA's counsel
on your comments (jmadeja@buchananssociates.com), we can include your concerns in MMTA's
own testimony. The totality of the proposed regulations are online at:
http://mass.gov/dep/service/regulations/newregs.htm#stormwater.
David Porter of Childs
Engineering and Peter Sullivan of Sullivan
Engineering have graciously supported MMTA with their technical
observations about the draft regulations. Thusfar, our collective concerns
on your behalf and the essence of MMTA's comments are as follows. Feel
welcome to use these points in your own correspondence:
• The regulations should be more clear
that the new regulations will not be applied to existing structures and
uses. When changes are proposed to existing structures and uses, only the
changed site areas should be subject to the new regulations, not the entire
site.
• These
proposed new regulations are an opportunity missed to streamline permitting
by providing for a single, comprehensive permit application across multiple
DEP programs. Do not finalize the regulations without implementing this
business-friendly, environmentally neutral, long overdue administrative
change.
• The new
prohibition on storm water discharges to "critical areas" includes areas
defined by the Division of Marine Fisheries as "shellfish areas", without
adequate standards and parameters for these declarations. DMF could
declare the entire coastline a "shellfish area" and prevent marinas and
boatyards from improving their facilities. More clear standards are
needed, not just "DMF's declaration".
• Water dependent
uses which require facilities at the water's edge generally have not been
addressed in the new regulations. DEP's Chapter 91 regulations expressly
protect these uses and set aside the first 100 ft at the water's edge for
their needs, yet these draft regulations would require large portions of
these same land areas to be devoted to storm water recharge systems and
structures. Many existing water's edge facilities may not own adequate
land area to meet the requirements or may need the same land area for water
dependent uses, not new storm water catch recharge basins.. For example,
the 80% Total Suspended Solids removal requirement would require large
"soft" infiltatration areas or lowering a "hard" filtration basin, but many
water's edge businesses would hit ground and tidal water at the necessary
depths and would not have adequate land area for "soft" solutions.
Exceptions and variations are needed for water dependent uses at the
water's edge, and where natural site conditions require it.
• Use of Best
Management Practices already approved by DEP should not be required unless
BMP technology has indeed already been approved by DEP as readily available
at a cost-effective price.
• It is an excellent proposed new
regulation to finally exempt man-made storm water retention and recharge
areas from becoming "wetland resource areas" subject to regulation under
the Wetlands Protection Act. Retain this provision in the final
regulations
• Inadequate land area to meet new
requirements is a major concern. The existing regulations allow rooftop
runoff to discharge directly. The proposed new regulations do not. Yet,
the site area required for discharge treatment will not be available for
some facilities. Exceptions and variations are required, such as for
non-toxic roof materials and land area practicality concerns, especially
for water's edge facilities, as noted above.
• Why are public facilities exempt from
the requirements? If the changes are environmentally necessary, both the
private and public sectors should comply. If they are not environmentally
necessary, they should not be finalized.
Any MMTA member who has
further questions can contact MMTA's Government Relations and Legal
Counsel, Jamy Buchanan Madeja, at 617-227-8410 or jmadeja@buchananassociates.com.
