Technical Sumnutry 



operation and maintenance plans arc not adhered to and non-point source controls are 

 allowed to become insufficientiy effective. 



As an aspect of the preceding responsibility, a two-part management 

 oriented water quality standard should be established in which each agency 

 responsible for regulating activities with a potential for contaminating waterbodies would 

 set both a preventive action limit and an enforcement standard to complement use of best 

 management practices. 



The prcventive action limit would be a small fraction of the companion enforcement 

 standard; violation of this limit would trigger an examination of possible responses by the 

 administrative body having jurisdiction over the source. Dependmg on the actual or 

 potential seriousness of the contamination, the agency could require site-specific remedial 

 action, revise agency rules to address the problem, or take no action. Violation of the 

 enforcement standard would trigger an immediate enforcement action against the violator. 



An interim non-degradation category should be devised to designate 

 groundwater recharge areas or water bodies which are not presently used 

 for water supply, but which may be so used in tbe future or may be 

 hydrologically connected to vulnerable aquifers. 



State Level Authorities 



Existing Statutory Tools and Established Jurisdiction 



Although some important tools are already in place, non-point source control authorities 

 need to be further developed, refined, and updated. The lack of state stormwater 

 management legislation is a major impediment to effective action, and needs 

 to be rectified. Similarly, the existing sediment and erosion control statute 

 requires strengthening to provide improved guidance and to ensure 

 adequate state oversight Statutory language in both cases should include statements 

 of findings; define implementation steps, priorities, and responsibilities; provide adequate 

 funding authorizations; and specifically reference related state and federal requirements. 



Tools presently available need to be strengthened and liberally 

 interpreted. For example, CRMC's broad ecosystem protection mandate allows it to set 

 ecosystem based discharge criteria within a broad geographical area. At the time of its 

 1983 program revision, CRMC conclusively established authority over the 200-foot 

 contiguous area landward of coastal "shoreline features," and also reaffirmed its authority 

 to regulate the six specific activities or land uses mentioned in the Council's enabling 

 legislation "regardless of their actual location." 



Particularly through the authority provided by Special Area Management Plans, CRMC 

 possesses considerable authority to regulate development in view of its potential impaa on 

 the coastal environment. CRMC's ecosystem protection authority should be 

 interpreted as broadly as possible in drawing substantive policy 

 connections between land use and impacts on coastal resources. 



The Wetlands Section of DEM regulates the alteration of wetlands and 

 limited zones of influence. Activities inducing "alteration" include any 

 filling, excavating, grading, draining, or construction in or near wetlands. 



