30B-124 264 riverside drive tree ECert
WPA Emergency Certification Rev. 01/31/0 Page 2 of 2
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to
enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without written approval of the Department.
D. Special Conditions
Crane staging area must be established on paved/disturbed surfaces Work to be conducted with an aerial lift and or expert climber to work in conjunction with the crane to
execute the removal. At the property owner's discretion, tree trunks and branhes may be left within the resource area instead
of being removed
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department’s review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.