Stonnwater and Sediment 



The Wetlands Section estimates that every DOT job involves at least six 

 or more wetlands violations. When the Wetlands Section has approached DOT, a 

 "sister agency," regarding violations, DOT has assured the Section that wetlands protection 

 provisions were fully included in the contract and that the contractor should be considered 

 in violation. DOT and the Wetlands Section, or the Wedands Section alone, have thus far 

 pursued violations through notice and citation procedures, which are subject to the 

 limitations outlined above. 



Under new Rhode Island provisions, administrative penalties may be 

 assessed by one state agency against another. Although disagreements 

 regarding salt storage have been negotiated historically, DEM could take 

 enforcement action against DOT for actions taken by DOT contractors. 



DOT, as party to specific contracts, could initiate legal actions against contractors, as could 

 the State Attorney General 



In an attempt to address these issues cooperatively, the Wetlands Section has informally 

 volunteered to work with contraaors and DOT resident engineers to delineate wetiand 

 areas. The Wedands Section has recommended that DOT contractors obtain written 

 permission from abutters to dump materials, informing abutters in writing that if wetiand 

 areas are involved, the abuttor must obtain a wedands permit 



Staffing 



The Wetlands Section has numerous responsibilities in overseeing the protection of 

 Rhode Island's freshwater wetiands. The evaluation of permits to alter wedands, and the 

 issuance or denial of such permits, is a principle responsibility. Over 1000 permit 

 applicati(Mis were received in 19S7. In addition to permitting, the Section is responsible for 

 taking enforcement actions, including investigating complaints, sending warning letters, 

 issuing notices of violation, and ordering restorations. Staff also provide guidance to 

 applicants in such matters as revising plans to avoid wedands or decrease significance of 

 impacts, answer informational requests, hold pre-hearing conferences, attend formal 

 hearings, and handle administrative duties. 



Although DEM staff operate efficiently, staff limitations are such that 

 insufficient resources are available for follow-up to ensure that permit 

 conditions are met, and that applicants comply with permit conditions in the 

 long term. The Section supervisor acknowledges that enforcement capability is 

 insufficient to nieet current needs, statiing that "The backlog of enforcement actions is 

 reaching crisis proportions, contributing to poor Section morale, lack of public confidence, 

 and inadequate protection of the environment Given the maintenance requirements of non- 

 point source controls, lack of enforcement capability will create increasing program 

 vulnerability as requirements for BMP installation are attached to wetlands permits. 



Section personnel related a further concern related to enforcement. Because the 

 Freshwater Wetiands Act regulatory language does not attach specific penalties to certain 

 enforcement actions, necessary penalties and fines are less rigorously levied by 

 management and/or administrators than they might be if penalties were strictiy specified. 



The use of staff technical personnel to undertake inspections and other field enforcement 

 duties without the support of trained enforcement officers has been a subject of debate since 

 the early 1970's. Although staff biologists involved with specific project appUcations are 



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