Stonnwatei and Sediment 



to water quality protection and wetlands resource protection. Require that 

 performance bonds be included in overall bid assessment. 



***In cooperation with DEM 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 pollution and other activities potentially degrading 

 wetland resources. The review team should be administratively part of the 

 technical staff of the Attorney General's office. The team could be 

 supported using monies from a revolving fund for enforcement made up of 

 performance bond monies collected from contractors, and administrative 

 penalties collected from contractors or municipal or state agencies found in 

 violation of program provisions. 



**Establish a policy regarding 3R projects requiring mandatory evaluation 

 of impacts of roadway drainage on adjacent water quality. Require the 

 retrofit of drainage structures to minimize water quality impacts. 



Recommendations to the Office of the Attorney General 



***With the assistance of a technical advisory committee, undertake a 

 comprehensive review of state and federal highway construction safety and 

 engineering requirements to identify all inconsistencies between those 

 provisions and the recommendations of the Stormwater and Erosion Control 

 Committee regarding non-point source pollution control practices. 



***Investigate to what extent federal requirements limit use of federal 

 highway funds or use of matching funds in construction or maintenance of 

 non-point pollution control practices or facilities. Similarly, investigate to 

 what extent federal requirements limit use of federal highway funds or use 

 of matching funds in retrofitting highways to consider non-point pollution 

 control needs. 



**Make recommendations as to how DOT may interpret federal 

 requirements in their broadest possible light with regard to its ability to 

 address non-point source controls. Investigate the roles which the federal 

 consistency requirements of the Coastal Zone Management Act and the 

 National Environmental Policy Act may play in eliminating potential 

 conflicts. 



Recommendations to the Department of Business Regulation. Real Estate Division 



**Amend regulations to forbid the use of a waiver provision to inform prospective property 

 buyers regarding the existence of wedand areas on properties. The use of a blanket waiver 

 stating that wedand areas lie on "all or part" of a property subverts the intent of the 

 notification provision, and restricts a prospective buyer's ability to make informed 

 decisions. Require that sellers or real estate representatives inform prospective buyers as to 

 the realistic possibility of weUand area property coverage based on the technical advice of a 

 consultant, or inform buyers as to the need to obtain technical advice from a qualified 

 consultant. 



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