Save The Bay seeks added enforcement

Even Jonathan Stone, executive director of Save The Bay, confessed it is a hard sell, but the environmental advocacy group has called on the governor to increase funding to the Department of Environmental Management and the Coastal Resources Management Council so that they might better enforce law to protect Narragansett Bay.

“It is not a request that people generally rally around,” he said Thursday to an audience of about 40 in the State House. “Enforcement is often viewed as anti-business. Nothing could be further from the truth…fair and consistent enforcement is important, not only to protect our natural resources, but also to support our economic growth.”

Stone had an ally to bring home his argument that proper enforcement of environmental laws not only protects the environment, but also is fair to business. Also speaking, as Save The Bay prepared to deliver a petition signed by 1,174 citizens representing all 39 cities and towns to Gov. Gina Raimondo, was David Caldwell Jr., vice president of the Rhode Island Builders Association.

And although their agencies stand to gain from an increase in funding, neither DEM Director Janet Coit nor CRMC Director Grover Fugate was in the audience. Also, neither could be reached directly for comment, although Fugate said in a statement: “The CRMC can always make beneficial use of added enforcement and other staffing.”

The petition cites declines in staffing at DEM, and that CRMC “has just two staff to oversee and enforce environmental laws along Rhode Island’s 384 miles of coastline.”

It goes on to state that DEM has a backlog of about 150 unresolved enforcement cases, while CRMC has about 100 unresolved enforcement cases.

In his remarks, Stone said acknowledged the governor and the General Assembly are focused on economic growth and that the state faces difficult decisions in balancing the needs of different agencies.

“At the governor’s inauguration last year,” he said, “she spoke of creating a level playing field in order to attract business investment and create jobs. Today we are calling for a long-overdue investment in enforcement capacity. This is a critical step toward creating this level playing field.”

In addition, Stone said increased environmental enforcement would safeguard the bay and health of Rhode Island communities and reduce costs by deterring violations of the law, preventing environmental damage and saving taxpayers money.

“The governor appreciates the work that Save the Bay does to protect and advocate for our environment, and agrees that our natural assets provide the bedrock for economic growth. In formulating environmental initiatives, the governor and members of her administration regularly solicit feedback from members of Save the Bay and from other advocates of safeguarding our environment and building a sustainable economy,” spokeswoman Ashley Ginerella O’Shea said in an email.

Caldwell told the gathering Thursday, “We’re all part of the same economic system, and in order to succeed we have to work together.” He said he would like to see improved efficiencies within the two agencies so as to speed up the processing of applications and permitting. He said municipal regulations, which are in addition to state regulations, make it confusing and impede development.

Caldwell feels the day-to-day functions in the processing of applications and enforcement can get sidetracked, delaying progress at a cost.

“They need to do a better job of not letting the urgent overwhelm the important,” he said.

Asked how House Speaker Nicholas Mattiello would react to funding additional enforcement personnel at DEM and CRMC, spokesman Larry Berman wrote in an email: “Governor Raimondo is going to present her budget to the General Assembly on February 2. Should she propose the additional funding in the budget, the House Finance Committee will consider the request and hold a public hearing. Speaker Mattiello won’t be taking a position until the budget is submitted and a hearing is held.”

Neither Stone nor the petition provides specifics on increased budgets or the number of personnel considered necessary to do the job.

Stone suggested CRMC could use two additional personnel in enforcement.

The agency currently has a staff of 28, of which two are devoted to enforcement. According to spokeswoman Laura Dwyer, the agency processes an average of 100 applications monthly. In 2015, the total was 953. But, she noted, natural events such as Superstorm Sandy and the flood of 2010 boost “our numbers in an abnormal way.”

While those working on enforcement check on permitted projects, she observed they also respond to calls.

“Calls from concerned citizens are very important,” she said. She estimated they number in the hundreds per year.

Stone said the DEM staff has shrunk from 650 in 2005 to 390 today. He thought DEM could use an additional three personnel in enforcement, as well as a lawyer. He believes because of staffing, DEM chooses to go after violators who can’t afford to mount a legal fight instead of the well-heeled companies and property owners, thus creating an un-level playing field.

“It is wonderful to have partners like Save The Bay advocating for our environment and for additional resources to safeguard our Bay and waterways,” Coit said in a statement in response to questions. “Protecting water quality is a top priority for the Department, and we appreciate the many partners and conservation leaders who work with us to reduce pollution and improve habitat.”

Coit goes on to say while additional resources for environmental enforcement and cleanup, habitat conservation, management and promotion of our parks and natural areas “would be welcome and put to good use, our focus continues to be on making the best use of existing resources and forging strong partnerships to further our mission.”

Stone said: “I ask you to think about what kind of a state you want to live in – a state where polluters profit by violating the law, or a state where everyone plays by the same rules?”