DEM has heard enough grumbling.
After years of complaints about how long it takes to get a permit to remove an old septic system, and all the grumbling that develops when plans to expand a business are held up because a proposed addition borders a wetland, the Department of Environmental Management has decided to clean up its own performance.
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The state last summer received a detailed report from consultants KPMG Peat Marwick with recommendations for its environmental permitting process. That report was delivered to a 17-member Permit Streamlining Prioritization and Implementation Advisory Committee. The study committee is headed by Frederick Vincent, assistant director of the DEM and its goal is simple: a one-stop permitting system at DEM.
Many of the recommendations in the report, according to Vincent, should be implemented over the next three years.
The DEM traditionally issues permits for environmental matters that include those that impact bodies of freshwater, such as lakes and ponds. Matters that impact properties along Rhode Island’s coast, are under the jurisdiction of the state Coastal Resources Management Council (CRMC).
DEM, according to Bob Ballou, a spokesman for the agency, underwent a reorganization in 1996. At the end of the 1998 legislative session, a package of bills that would have formalized many of the changes at DEM, as well as instituted new ones, died. Still, the ongoing effort to improve the often criticized state department continues. And those efforts are being focused where the public has most contact with the agency – through permits.
“We are in the midst of a permit streamlining process,” said Bob Ballou, a DEM spokesperson.
Among the recommendations put forth by the committee, many of which came out of the KPMG Peat Marwick report, are:
- Institute a modified, soils-based approach for determining depth to water table on a year-round basis, thus eliminating the bottleneck of application requests during the wet season.
- Consolidate review requirements to one entity.
- Consider a uniform CRMC/DEM permit application form that eliminates repetition of common elements yet addresses specific program needs.
- Extend the life of approved ISDS permit applications for new projects to four years with certification that there have been no changes to the site. This would reduce the permit renewal workload and the number of inadvertent permit expirations.
- Modify the statute defining existing perimeter and riverbank wetlands as setbacks rather than wetlands.
- Develop a centralized database of permitting and compliance information.
- Install more computers for staff project teams involved in permit review and writing to expedite the internal review process.
- Create a consolidated ISDS/wetlands application form or land-development package that would include copies of both ISDS and wetlands applications.
- Develop a system for on-line (Internet) distribution and submission of permit applications, reporting information and guidance.
According to the Peat Marwick report, Rhode Island is not alone in its effort to streamline environmental regulations. Peat Marwick contacted a dozen states — including Alaska, Connecticut, Massachusetts, New Hampshire, New Jersey, and Vermont — that are in the process of streamlining regulations. In addition, the federal EPA has established a “Permit Improvement Task Force” to coordinate similar efforts throughout the country. Peat Marwick found that the following initiatives are typical of trends throughout the country to streamline the environmental permitting process.
Hotlines; customer assistance services.
Agencies are establishing centralized service centers to provide consistent, efficient responses to calls and requests and distribute applications, guidance, etc. An effective information system is key to success of this service.
Certification for private sector activity.
Review or inspection work conducted by agencies can be minimized by requiring the applicant to certify that a prescribed activity was conducted.
Consolidation of permit forms/applications.
Historically, agencies would create new applications on an ad hoc basis, causing a proliferation of applications and data being collected. The trend is toward consolidation and consistency among forms so applicants provide the same information only once.
lectronic submission of applications and reports. An electronic application can be downloaded from the Internet and completed and sent back to the agency. Similar steps are being taken for submission of compliance reports as well.
Use of general permits and registration.
For activities involving little environmental risk or interaction, agencies are using general permits and registration processes to allow activities to be monitored and selectively evaluated or inspected.
Guidance documents.
Simplified guidance documents and instructions are being used instead of regulations and statutes that are difficult to follow and interpret.
Establishment of performance measures.
Target timeframes for turnaround on permit reviews, inquiry responses, and inspections help in making staff more accountable and work improvements measurable.
Stakeholder advisory committees.
The use of permanent advisory groups to solicit input and discussion assists in the evaluation of streamlining changes.
Vincent is confident that the permit streamlining process is off on the right foot. It will take time, he said, but all parties involved in the process seem to be on the same page. With DEM offices now consolidated at the Foundry Building on Promenade Street, moving the streamlining process along, said Vincent, is much more manageable. It is the first time in years, he said, that DEM workers are all connected via computer — a fact that should help save time and money.
To his credit, Governor Almond consolidated the agency into one building,” said Vincent. “Before that, we had six locations. We had a lot of physical obstacles to deal with. Now, the foundation is laid.”
DEM is entering phase two of a three-phase process. The recommendations are in place, said Vincent, now the focus is on developing them.
Our goal is to make the permitting process more user-friendly,” Vincent said.
The other “wild card” in the permit streamlining process may well be the General Assembly. With all the attention it got this year, it is perhaps inevitable that legislative efforts to re-reorganize DEM could be afoot. Vincent, however, is not worried. The permitting process is governed by statute, and should remain immune changes that could be brought about.
The reorganization doesn’t really impact the permitting,” he said. “We’ve made a strong start. With continued resources, we can see this through to the end.”












