.04 Deposit of Dredged Material.

A. As a condition of and before depositing dredged material in a facility, a person shall:

(1) Obtain, at the person's own cost and expense, and keep in force until depositing is completed, all permits and certifications necessary for dredging or deposit of dredged material;

(2) Submit to the Deputy Director for Harbor Development for approval plans and specifications detailing the proposed construction or depositing to be performed, with those plans and specifications containing, at a minimum:

(a) The quantity of material to be deposited;

(b) The method of delivery of the material;

(c) The method of depositing and spreading the material;

(d) Any dike construction, reconstruction, or sloping made necessary by the depositing;

(e) Any seeding or mulching of the dike, if necessary; and

(f) Any other information reasonably required by the Deputy Director for Harbor Development to evaluate the proposed construction or depositing;

(3) Submit to the Deputy Director for Harbor Development a complete chemical and physical analysis of the material to be deposited in the facility;

(4) Submit to the Deputy Director for Harbor Development an accounting system capable of calculating, in a manner satisfactory to the MPA, the quantity of dredged material being deposited;

(5) Execute an agreement in a form satisfactory to the MPA.

B. Material containing any substance in sufficient concentration to be designated as hazardous by applicable federal, State, or local law or regulation may not be deposited in a facility.

C. The MPA shall inspect, monitor, and approve or disapprove the methods of disposal of dredged material in a facility.

D. Final acceptance of dredged material going into a facility is at the sole discretion of the MPA.