Stoimwater and Sediment 



♦♦Require that sellers of property and/or real estate representatives inform prospective 

 buyers as to zoning ordinances, subdivision regulations, building code specifications, and 

 any other regulatory measures, which, because of the exposure of the property to a natural 

 hazard, could influence decisions make by potential buyers. 



**With the assistance of DEM, CRMC, and the Division of Planning, develop and 

 implement a program to investigate loan practices which discourage environmentally sound 

 land use management and penalize institutions which fail to encourage water quality 

 protection. 



DEM WATER QUALITY CERTEHCATION 



Findings and Concerns 



Under the authority of Section 401 of the Clean Water Act, DEM issues water quality 

 certifications which are designed to ensure that all state permits sufficientiy provide for 

 compliance with applicable water use designations. A staff scientist in the Division of 

 Water Resources is responsible for reviewing all formal applications for freshwater wetland 

 permits, all CRMC category B assents, and for providing input in the Coordinative Review 

 process. 



Water quality certifications routinely set erosion control standards for upland projects 

 where soil disturbance is anticipated and specify drainage control standards where outfalls 

 may create scour or other erosive effects. Installation of silt curtains and other erosion 

 control measures are frequently required in subdivision developments and other large scale 

 alterations. Certifications become components of CRMC assents and freshwater wetland 

 permits, and any certification stipulations are included as conditions. 



Although the certiflcation process is used as a principal water quality 

 and wetland protection tool in many states, it has not been developed as a 

 key regulatory tool in Rhode Island. One staff scientist is devoted half time to the 

 tasks of reviewing all certifications and developing policy. DEM is considering hiring a 

 fiiU-time staff scientist to handle all aspects of certifications, but action has not yet been 

 taken. 



No written guidance has been prepared to specify how performance 

 standards and conditions should be placed on permits, although the clear 

 need for such guidance was articulated by staff in February 1987. Currently, 

 performance standards relating to non-point source control are developed informally with 

 giudance and input from available DEM staff engineers and water quality planners. The 

 enforcement of stipulations included in the certifications fall to the agency or section issuing 

 the permit 



Recommendations 



♦♦♦Develop specific written guidance establishing evaluation criteria and 

 technical decision methodologies to be used in preparing water quality 

 certiHcatlons. Develop specific written guidance setting out procedures for 

 establishing permit conditions based on performance standards and 

 construction standards. Ensure that guidance and procedures are consistent with the 

 objectives of the Stormwater and Erosion Control Committee regarding stormwater and 



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