Sttnmwater and Sediment 



Define performance and construction standards to be applied in fill and excavation 

 compensation, and measures by which adequacy of measures will be evaluated. 



***Revise section 7.05 "Water Quality" to establish pre-development and 

 post-development water quality monitoring authorization in freshwater 

 wetlands and buffer areas. Define how water quality measurements will be used in 

 evaluating the adequacy of stormwater, erosion, and sedimentation control measures and 

 facility designs. Define how water quality measures will be used in measuring adequacy of 

 facility performance through time, and in initiating enforcement procedures where 

 maintenance schedules are not adhered to and non-point source controls are allowed to 

 become insufficientiy effective. 



Intergovernmental Consistency and Enforcement 



♦♦Revise the wetlands rules and regulations to specify enforcement actions and penalties 

 which will result from various violations. 



♦♦♦Develop an outreach program in cooperation with CRMC and the Division of Planning 

 to reach consistency between local construction, public works, safety, and other local 

 policy provisions, and provisions of the Freshwater Wetlands Act and related resource 

 protection statutes. 



***In cooperation with DOT, and the Attorney General's Office, establish a 

 team of contract consistency reviewers to undertake frequent on-site review 

 and monitoring of DOT contractor compliance with contract specifications 

 for control of non-point source pollution and other activities potentially 

 degrading wetland resources. The review team could be supported using monies 

 from a revolving fund for enforcement made up of performance bond monies collected 

 from contractus, and administrative penalties collected from contractors or municipal or 

 state agencies found in violation of program provisions. 



♦♦In cooperation with other DEM program offices, CRMC, the Division of Planning and 

 the Attorney General, formulate an administrative mechanism by which town officials can 

 be effectively involved in enforcement of compliance with permit requirements. Provisions 

 and requirements of the Freshwater Wetlands Act need to be specifically referenced in 

 individual town building codes. 



♦♦Woric with towns to ensure that Section 2-1-22 (f) of the freshwater wetlands regulations 

 is enforced. This section, as described previously, states that "notice of permit and notice 

 of completion of work subject to permit shall be eligible for recordation under Chapter 13 

 of title 34 and shall be recorded at the expense of the applicant in the land evidence records 

 of the city/town where the property subject to permit is located, and any subsequent 

 transferee of such property shall be responsible for complying wi± the terms and 

 conditions of the permit "In that regard, ensure that the applicable town, and the town 

 conservation commission, is notified of wetiand applications received, and subsequent 

 permit conditions attached. 



♦♦Establish a local enforcement and review fee to be required of all permit applicants. The 

 fee required should be commensurate with the size of the project and with potential 

 watershed impact The funds collected should be passed through to the town in question to 

 support hiring of local officials responsible for review of state wedands and other 



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