Cooperation aim of agreement on stormwater management

By John Howell
Posted 6/7/16

While the city allegedly hasn't complied with many aspects of the Department of Environmental Management (DEM) stormwater management regulations, under a consent agreement that went before the City Council last night, the city and DEM

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Cooperation aim of agreement on stormwater management

Posted

While the city allegedly hasn’t complied with many aspects of the Department of Environmental Management (DEM) stormwater management regulations, under a consent agreement that went before the City Council last night, the city and DEM would work to correct violations rather than turn to the courts as the state Department of Transportation did in a lengthy and unsuccessful action.

The 14-page agreement contains few projected costs of improvements sought by DEM. In an interview Sunday, Mayor Scott Avedisian acknowledged fully complying with regulations could take decades and millions of dollars. But he sees this more productive than contesting requirements and turning to the courts.

“We have lots of things to work on,” he said.

Avedisian said the administration acted “proactively,” talking with DEM and Save The Bay when faced with notices of violations under the environmental legislation.

He said the city asked the question, “What can we do to make it work?” He said Lancaster, Pa., which had been cited for environmental regulation violations, served as a model in establishing a mechanism that had parties working cooperatively.

“We’ll start down the path to make things better instead of that of a fine,” he said.

In the legalese of the agreement, “In lieu of proceeding with an administrative adjudicatory hearing or other legal actions on the notice of violation and to affect a timely and amicable resolution of the notice of violation, the RIDEM and Warwick hereby agree that it is in the best interest of the parties and in the public interest to resolve the issues alleged in the notice of violation.”

Under the agreement, the city will need to implement a street sweeping tracking system within 30 days; submit annual compliance reports starting March of 2017; adopt by Aug. 31 an illicit discharge detection and elimination ordinance; by Sept. 30 adopt an ordinance to implement a review of all construction projects with a land disturbance of an acre or greater; and by the end of this year implement a procedure to inspect these developments and ensure no new development increases the total phosphorus or bacteria.

That’s hardly the end to the list. The city is to also to develop a plan for the screening and monitoring of stormwater outfalls and sub-catchment areas; develop an investigation of high priority outfalls; establish and maintain an inventory of municipally-owned and private structural controls that discharge stormwater; provide a GIS map of all outfalls; and complete a list of dry weather surveys of all outfalls. As well, the city would agree to retrofit specific existing drainage systems, the removal of asphalt sections of Hewett and Crocket streets and use of erosion control systems including vegetation, and take measures to involve the public including hearings and maintaining a webpage regarding pollution prevention of stormwater.

In a unique provision, the agreement lists six projects that if completed by the specified dates will generate credits that can be used to offset penalties should the city incur them. These include a $100,000 credit for drainage of the filled-in Rocky Point saltwater pool; $70,000 for Oakland Beach trash receptacles; $40,000 for a Buckeye Brook waterway study; $8,000 for abandonment of the Edgewater Drive roadway on the shore of Apponaug Cove; $8,000 for abandonment of the Midgely Avenue roadway; and $5,000 for a Lippitt School demonstration project. Failure to complete these projects on time could result in the loss of the credits and possible penalty.

As for the cost of complying with all the requirements, Avedisian said he is looking for “a plan we can fund every year so we don’t end up in court with a judgment against us.”

It was not clear Monday morning how the agreement would fare when it comes before the council.

It provoked the ire of Ward 5 Councilman Ed Ladouceur, who believes a stormwater management plan and projects are worthy.

“It’s been ignored for 13 years,” he said, “not one thing has been done and now we have to make a decision. Where are we going to get the money and, more important, where are we going to get the staff?”

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  • richardcorrente

    I was there last night. I heard the testimony of the speakers. I just hope we haven't traded the growing problems of the last 13 years for so much red tape that nothing gets done in the next 13 years. It seems we have put in place a system that could also end up costing the taxpayers a fortune, and if Warwick doesn't perform on time (and it seldom does), the taxpayers could face costly fines. In concept what happened last night is good but watch closely fellow taxpayers. We haven't gotten the bill yet. Ed Ladouceur hit the nail on the head when he asked, "Where are we going to get the money and, more importantly, where are we going to get the staff?" My similar question is "How much is this going to cost the taxpayers?"

    Cautiously yours,

    Richard Corrente

    Democrat for Mayor

    Tuesday, June 7, 2016 Report this