United States Office of Wetlands, Oceans and Watersheds EPA 843-B-00-003
Environmental Washington, DC October 2000
Protection Agency (4502F)
x*,EPA GUIDING PRINCIPLES
FOR CONSTRUCTED
TREATMENT WETLANDS:
Providing for Water Quality and Wildlife Habitat
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Guiding Principles for Constructed Treatment Wetlands
Environmental Protection Agency
4
tural Resources Conservation Service
U.S. Fish and Wildlife Service
National Marine Fisheries Service
U.S. Bureau of Reclamation
.Army Corps of Engineers
Guiding Principles
for Constructed
Treatment Wetlands:
Providing for Water
Quality and Wildlife
Habitat
DEVELOPED BY THE INTERAGENCY WORKGROUP ON
CONSTRUCTED WETLANDS
Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and
Wildlife Service, Natural Resources Conservation Service, National
Marine Fisheries Service, and U.S. Bureau of Reclamation
* This is a guidance document only - it does not establish legally binding requirements or regulations
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This User's Guide Provides:
Guiding principles for planning, siting, design, construction, operation,
maintenance, and monitoring of constructed treatment wetlands.
Information on current Agency policies, permits, regulations, and resources.
Answers to common questions.
ACKNOWLEDGEMENTS
This document is the result of the collec-
tive efforts of many individuals. All mem-
bers of the Interagency Workgroup on
Constructed Wetlands, listed in Appendix
V, worked extremely hard reviewing multi-
ple drafts to make these Guiding Principles
a reality. The Environmental Protection
Agency's Wetlands Division extends its
heartfelt gratitude to all Workgroup mem-
bers for their contributions. The Wetlands
Division would like to make special recog-
nition of Bob Bastian and Fran Eargle, who
led the efforts of the Workgroup from its
inception, and of Matt Little, who worked
tirelessly to develop the document and
incorporate the comments of the mem-
bers. It is the hope of the Workgroup that
this guidance will help improve the plan-
ning, siting, design, construction, operation/
maintenance, and monitoring of construct-
ed treatment wetlands that aim to provide
water quality and wildlife habitat.
Considerable insight into the design,
construction, and operation issues facing
treatment wetlands that support valuable
wildlife habitat was gained by many mem-
bers of the Workgroup during a Wetlands
Roundtable meeting and field trip to
Phoenix and ShowLow, AZ, in November
1997. The Workgroup greatly appreciated
the input and assistance provided by Paul
Kinshella and Roland Wass from the City
of Phoenix and others associated with the
Tres Rios Project, as well as the insights
provided by many others, especially Bob
Knight, Bob Kadlec, Sherwood Reed, Bob
Gearheart, Brad Finney, Jim Kreissl, and
Mel Wilhelm, all of whom shared many
examples of interesting situations from
their extensive personal experiences
working with constructed wetlands pro-
jects in various parts of the country.
DISCLAIMER
This document provides guidance to
Environmental Protection Agency (EPA) Regions,
States, Tribes, Local Governments, and other
organizations and individuals involved in the
planning, siting, design, construction, operation/
maintenance, monitoring, and legal oversight of
constructed treatment wetlands. It also pro-
vides guidance to the public and the regulated
community on how EPA intends to exercise its
discretion in implementing the Clean Water Act
as it relates to constructed treatment wetlands.
The guidance is designed to implement national
policy on these issues. The document does not,
however, substitute for the Clean Water Act or
EPA's regulations; nor is it a regulation itself.
Thus it cannot impose legally binding require-
ments on EPA, States, or the regulated commu-
nity, and may not apply to a particular situation
based upon the circumstances. EPA and State
decision-makers retain the discretion to adopt
approaches on a case-by-case basis that differ
from this guidance where appropriate. EPA may
change this guidance in the future.
Guiding Principles for Constructed Treatment Wetlands
Table of Contents
INTRODUCTION
A. What are Constructed Treatment Wetlands?
B. What are the Guiding Principles?
GUIDELINES FOR SITING CONSTRUCTED WETLANDS
A. Waters of the U.S. and Floodplains
B. Opportunities for Restoration of Degraded or Former Wetlands
C. Watershed Considerations
D. Water-Depleted and Effluent-Dependent Ecosystems
E. Other Site Selection Factors
III. GUIDELINES FOR DESIGN OF CONSTRUCTED WETLANDS
A. Minimal Impact
B. Natural Structure
C. Buffer Zones
D Vector Control
E. Hazing and Exclusion Devices
F. Dedicated Water Source
G. Biological Diversity and Physical Heterogeneity
H. Seasonality and Capacity Exceedences
I. Forebays
J. Multiple Cells
K. Maintenance Access
L. Public Acceptance
M. Public Use
N. Pilot Project and Design Criteria
IV. CONSTRUCTION GUIDELINES FOR
CONSTRUCTED WETLANDS
A. Construction Practices/Specifications/Drawings
B. Soils
C. Vegetation Selection
V. GUIDELINES FOR OPERATION AND MAINTENANCE OF
CONSTRUCTED WETLANDS
A. Management Plan
B. Regular Inspections and Maintenance Activities
C. Operator Training
D. Contingency Plan
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VI. GUIDELINES FOR MONITORING
CONSTRUCTED WETLANDS
A. Reference Wetland
B. Methods and Criteria
C. Early Identification of Potential Problems
D. Timeframe
VII.FEDERAL PERMITS AND OTHER LEGAL ISSUES
A. Clean Water Act and "Waters of the U.S."
B. Clean Water Act Section 303 Water Quality Standards
C. Clean Water Act Section 401 Certification
D. Clean Water Act Section 402
E. Clean Water Act Section 404
F. Preapplication Treatment
G. Other Federal Legal and Programmatic Considerations
VIM. QUESTIONS AND ANSWERS
APPENDIX I
APPENDIX II
APPENDIX III
APPENDIX IV
APPENDIXV
APPENDIXVI
DEFINITIONS
FEDERAL STATUTES AND REGULATIONS
FEDERAL FUNDING SOURCES
REFERENCES
CONSTRUCTED TREATMENT WORKGROUP
PRIMARY FEDERAL AGENCY CONTACTS
ES^
Introduction e
A. Purpose and Background
Purpose: To promote the development of environmentally-beneficial constructed wet-
lands for water treatment systems by providing information on the legal, policy, and
technical issues associated with these systems as well as guidelines for those developing
and managing constructed treatment wetlands.
Background: The number of constructed treatment wetland projects receiving
wastewater from municipal and industrial treatment sources as well as agricultur-
al and storm water sources has increased to more than 600 active projects
across the United States. If planned properly, these treatment wetlands offer
opportunities to regain some of the natural functions of wetlands and offset
some of the significant losses in wetland acreage. In arid regions and communi-
ties reaching the limits of water availability, water reuse via these systems is an
attractive option that may help achieve water conservation and wildlife habitat
goals. With appropriate siting, design, preapplication treatment, operation, main-
tenance, monitoring, and management, these manmade systems can often emulate
natural wetlands by providing integrated ecological functions within the water-
shed and landscape.
Constructed treatment wetland project proponents and regulators have
expressed a desire for more efficient and consistent policy guidelines for the
development and permitting of such projects, especially those providing both
water quality and wildlife habitat benefits. An initial effort to develop this guid-
ance was funded by Environmental Protection Agency (EPA) Environmental
Technology Initiative (ETI) Program. A Workgroup1 was formed to identify gener-
al policy and permitting issues for a constructed treatment wetlands project, the
Tres Rios Constructed Wetlands in Phoenix, Arizona. TheTres Rios Constructed
Wetlands project is a wildlife habitat and treatment wetland proposed by the
City of Phoenix, the U.S. Army Corps of Engineers, the U.S. Bureau of Reclamation,
and other organizations. For more information on the Tres Rios Constructed
Wetlands Demonstration Project see their website at http://www.tresrios.net .
In September 1997, EPA convened a Federal Interagency Workgroup consist-
ing of the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, National
Marine Fisheries Service, Natural Resources Conservation Service, and the U.S.
The ETI Project Workgroup that participated in this effort included active participation by representa-
tives from the City of Phoenix and their contractor, Ch^M-Hill (and Wetland Management Services); EPA
and its contractor, SAIC; U.S. Bureau of Reclamation; U.S. Army Corps of Engineers; U.S. Fish and Wildlife
Service; AZ Dept. of Water Resources; AZ Dept. of Environmental Quality; AZ Game & Fish Dept; along
with extensive input from many local organizations interested in the proposed Tres Rios Project.
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Guiding Principles for Constructed Treatment Wetlands
Bureau of Reclamation to evaluate the technical and policy issues identified by
the ETI project team (see their final report entitled Wetlands for Water Quality
Management and Habitat Enhancement: Policy and Permitting Issues, January 1997) in
order to provide a starting point for a national policy dialogue and for analysis of
the issues associated with these wastewater treatment systems and the wildlife
habitat they may be able to provide. Common factors in successful constructed
treatment wetland projects and lessons learned from less successful projects
provided, in part, the basis for development of the technical and policy recom-
mendations in these guidelines.
The process of writing and reviewing the guiding principles was highly educa-
tional, collaborative, and iterative. The Workgroup decided to focus upon and
encourage those projects that not only provide water treatment, but also
strive to provide water reuse, wildlife habitat, and public use benefits.
While this document focuses on municipal wastewater treatment wetlands, many
of the principles can be used to help guide other treatment wetland projects,
such as those treating acid mine drainage, agricultural and urban storm water
runoff, livestock and poultry operations, and industrial wastewater. Information
from specific case study projects, and scientific literature was used to develop
these principles, along with technical information provided by constructed wet-
lands experts and dialogue during the Workgroup meetings. We hope this docu-
ment will facilitate the establishment of future projects, while improving compli-
ance with the Clean Water Act (CWA).
B. What are Constructed Treatment Wetlands?
For the purposes of these Guiding Principles, constructed treatment wetlands are
defined as engineered or constructed wetlands that utilize natural processes involv-
ing wetland vegetation, soils, and their associated microbial assemblages to assist, at
least partially, in treating an effluent or other water source. In general, these sys-
tems should be engineered and constructed in uplands, outside waters of the U.S.,
unless the source water can be used to restore a degraded or former wetland (see
II.B "Opportunities for Restoration of Degraded or Former Wetlands").
The degree of wildlife habitat provided by constructed treatment wetlands,
or sections of these wetlands, varies broadly across a spectrum. At one end of
the spectrum are those systems that are intended only to provide treatment for
an effluent or other water source, in order to meet the requirements of the
CWA, and that provide little to no wildlife habitat. At the other end are those
systems that are intended to provide water reuse, wildlife habitat, and public use,
Guiding Principles for Constructed Treatment Wetlands
while also providing a final polishing function for a pretreated effluent or other
water source. This guidance primarily addresses the latter end of this spectrum.
C. What Are the Guiding Principles?
The Guiding Principles are intended to:
provide a framework for promoting sustainable, environmentally safe
constructed treatment wetland projects.
be usable nationally under a variety of settings and circumstances.
educate and inform public and private decision makers, Federal, State, Tribal and
Local regulatory and resource agency personnel, and the general public.
provide guidance for environmental performance, especially for projects which
are intended to provide water reuse, wildlife habitat, and public use, in addition
to other possible objectives.
highlight opportunities to restore and create wetlands.
be applied, when appropriate, to any effluent or other source water treatment
system as long as the source is adequately treated to meet applicable standards,
protects the existing beneficial uses, and does not degrade the receiving waters.
create opportunities for beneficial uses of dredged material, if feasible.
minimize risks from contamination, toxicity, and vector-borne disease.
be applied in a watershed context.
be flexible enough to accommodate regional differences in climate, hydrogeo-
morphology, wildlife habitat needs, etc.
complement Federal, Regional, State, Tribal, or Local authority, rules, and regula-
tions and policies.
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Guidelines for Siting Constructed Treatment Wetlands
A. Waters of the U.S. and Floodplains
Constructed treatment wetlands should generally be constructed on uplands
(outside waters of the U.S.) and outside floodplains or floodways (unless the
next section, II.B, applies) in order to avoid damage to natural wetlands and
other aquatic resources. Also, wetlands constructed on uplands may be some-
what more predictable than natural wetlands in terms of pollutant removal effi-
ciency and in structural soundness. This is believed to be due to the engineering
of constructed wetlands to provide favorable flow capacity and routing patterns
(excerpted from Strecker, et al., 1992). Consequently, siting may include consider-
ation of such factors as flood control, hydraulic routing, flood damage potential,
and wetland hydrology. (For more information on waters of the U.S., see VILA
"Clean Water Act and 'Waters of the U.S.,'" Appendix I: "Waters of the U.S.," and
Executive Order 11988, Floodplain Management.)
B. Opportunities for Restoration of Degraded or Former Wetlands
Opportunities exist to use pretreated effluent, or other source waters, to
restore degraded wetland systems. In general, you should only locate con-
structed treatment wetlands in existing wetlands, or other waters of the U.S., if
(1) the source water meets all applicable water quality standards and criteria, (2)
its use would result in a net environmental benefit to the aquatic system's natu-
ral functions and values, and (3) it would help restore the aquatic system to its
historic, natural condition. Prime candidates for restoration may include wet-
lands that were degraded or destroyed through the diversion of water supplies, a
common occurrence in the arid western U.S., and in heavily farmed or developed
regions. You should avoid siting in degraded wetlands if the functions and values
of the existing wetland will be adversely affected or water quality standards will
be violated. The appropriate Regional/District or State authorities will make
these determinations on a case-by-case basis. (Note: Many degraded wetlands
are still considered waters of the U.S.)
C. Watershed Considerations
When developing a constructed treatment wetland, you should consider its role
within the watershed, as well as within the broader ecosystem context of the
region. Aspects of this role include: potential water quality impacts (physical,
chemical, biological, thermal) to surface waters and groundwater; surrounding
and upstream land uses; location of the wetland in relation to wildlife corridors
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or flyways; potential threats from the introduction of non-native plant or animal
species; and local citizens' perception of the appropriateness of constructed
treatment wetlands in their watershed. Whenever possible, your constructed
treatment wetland project should be planned in the context of a community-
based watershed program.
D. Water-Depleted and Effluent-Dependent Ecosystems
Constructed treatment wetland projects may provide valuable ecological benefits
in regions where water resources, and especially wetlands, are limited due to cli-
matic conditions and human-induced impacts, such as in the arid western U.S.,
heavily farmed regions, and developed areas. For example, in the arid west, there
are often historic (now degraded) wetlands that no longer have a reliable water
source due to upstream water allocations or sinking groundwater tables.
Pretreated effluent from wastewater treatment plants and seasonal return irriga-
tion flows may be the only sources of water available for these areas and their
dependent ecosystems.
Please note that water quality standards and permitting requirements apply if
these areas are still considered waters of the U.S. EPA has developed regional
guidance to assist dischargers and regulators in demonstrating a net ecological
benefit from maintenance of a wastewater discharge to a waterbody (Guidance
for Modifying Water Quality Standards and Protecting Effluent-Dependent Ecosystems,
U.S. EPA Region 9 Interim Final Guidance, 1992).
E. Other Site Selection Factors
The suitability of a site for constructing a treatment wetland may depend on the
condition of one or more of the following factors: substrate, soil chemistry,
hydrology/geomorphology, vegetation, presence of endangered species or critical
habitat, wildlife, cultural/socioeconomic impacts including environmental justice
issues, the surrounding landscape, land use/zoning considerations, and potential
impacts to safety and health, such as impacts from major flooding events and vec-
tor-borne disease. Project proponents and permit applicants should carefully
examine these factors and consult with applicable agencies in determining the
most appropriate site(s) for their projects, and should follow the necessary envi-
ronmental impact review procedures or other requirements in selecting the final
project location and characteristics.
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Guidelines for Design of Constructed Treatment Wetlands
A. Minimal Impact
Adverse impacts to waters of the U.S. should be avoided. Potential adverse
impacts may include, but are not limited to: disruption of the composition and
diversity of plant and animal communities; alteration of the existing hydrologic
regime of natural wetlands or adjacent surface water bodies; introduction and
spread of noxious species; threats to fish and wildlife from toxins and/or pathogens;
and degradation of downstream water quality and groundwater sources.
B. Natural Structure
Constructed treatment wetland designs should avoid rectangular basins, rigid
structures and straight channels whenever possible (See Mitsch and Gosselink,
2000; Kusler and Kentula, 1989; National Research Council, 1992). The use of
soft structures, diverse and sinuous edges in design configuration, and bio-engi-
neering practices that incorporate the existing natural landscape and native vege-
tation in constructed treatment wetlands is encouraged. Use landform and gravi-
ty to your advantage and design your project for minimal maintenance. For
example, sites, slopes, and grades can be used to create depth variability and
diversity. Site planning should avoid conditions conducive to stagnant water and
"short circuiting" and problems such as avian botulism and vector production.
C. Buffer Zones
Design the margins of your constructed treatment wetland system as natural
transition zones, including woody vegetated buffer areas around the site. Where
appropriate, integrate the facility with other natural resource features to provide
wildlife corridors and open space.
D. Vector Control
Where necessary, design your facilities to minimize mosquito problems by mini-
mizing the potential formation of stagnant water, facilitating vegetation manage-
ment, and by using natural biological control mechanisms, such as mosquito fish,
stickleback, etc. (where native), bats, and purple martins. Local mosquito abate-
ment districts and local codes may provide valuable assistance in designing your
project to minimize mosquito habitat. In some cases, it may be important to
consider providing access for active vector control.
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E. Hazing and Exclusion Devices
Hazing or wildlife exclusion devices, such as noise-making devices or netting and
fencing, should be used if the effluent or other water source being treated is
toxic or presents a significant threat to wildlife. Such devices may be necessary
in facilities that are designed only for treatment, but their need should be decid-
ed on a case-by-case basis.
Using these wildlife control methods may also be necessary if excessive
wildlife use is causing water quality problems. In some circumstances, excessive
use of wetlands by wildlife can result in: (1) wildlife stress and disease problems,
(2) degradation of water quality due to high loadings of nutrients, solids, and fecal
coliform, and (3) erosion resulting from loss of vegetation due to over-grazing
and trampling.
F. Dedicated Water Source
Plans should be made for maintaining the wetland habitat during periods of
drought. Projects that are intended to provide wildlife habitat should have a
dedicated water source for the life of the project and, if possible, beyond the life
of the project to meet the long-term hydrological needs of the desired aquatic
and terrestrial communities. When doing this, be sure that adequate water sup-
plies remain in adjacent streams for aquatic use and if ground water is used, be
sure that its mineral content is not toxic to plant species (for example, excess
iron can kill some plants).
G. Biological Diversity and Physical Heterogeneity
Where appropriate, design your constructed treatment wetland to provide habi-
tat with a diversity of native species comparable to similar wetlands in the
region. Maximize vegetative species diversity, where appropriate, without
increasing the proportion of weedy, nonindigenous, or invasive species at the
expense of native species. Project plans should include mechanisms to control
or eliminate undesirable species. The biological diversity of your project may be
linked to, or dependent upon, physical heterogeneity. This could include having
both surface and subsurface flow while providing some areas of open water, cre-
ating nesting islands for waterfowl, and leaving some upland and buffer areas for
other nesting species. Developing a wide variety of wetland types will provide a
range of diversity for different types of wildlife. Considerations may include sea-
sonal hydroperiods, depth-flow changes, vegetative succession, and accumulation
of sediments.
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H. Seasonality and Capacity Exceedences
Your project design should be able to accommodate extremes in meteorologic
conditions and temporary exceedences of water storage and treatment capacity.
Considerations should be made for extremes in temperature and precipitation
which can impact normal operations.
I. Forebays
Utilize sediment collection/settling forebays for treatment of storm water inflows
and for additional treatment of wastewater. Design and locate the forebays for
ease of maintenance and to achieve greatest protection of wetland habitat and
receiving waters. Monitor forebay sediments, wetland vegetation tissues, and
water quality to ensure the system is functioning properly and not becoming an
attractive nuisance problem to wildlife. Identify an upland disposal site to dis-
pose of accumulated sediments that is consistent with sediment disposal require-
ments and monitoring criteria and standards. Note that special disposal require-
ments may be applied for sediments containing hazardous waste materials.
J. Multiple Cells
The use of multiple cells may allow for residuals clean-out, repair of flow control
structures, and specialized management of specific effluents without disruption of
the overall systems operations. They also facilitate the flexibility of the system to
manage different portions of the system (i.e., individual cells) for different pur-
poses, such as the use of cells nearest the influent source to settle out sediment,
final cells to strip out algae produced within the system, and other cells used to
encourage the development of habitat and food production for specific wildlife
species, etc. From a wastewater treatment standpoint, multiple cells often pro-
vide better treatment in part because "short circuiting" is minimized.
K. Maintenance Access
Design your constructed treatment wetland so that maintenance vehicles and
personnel can safely and easily access the site with a minimum of disturbance.
Proper access design will facilitate proper operation and maintenance of the wet-
land so that it performs as designed.
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L. Public Acceptance
Consider the public's perception of your constructed treatment wetland project
and its effects on neighboring populations and adjacent land uses. Take into
account potential concerns like drinking water contamination, unpleasant odors,
mosquitos, access by small children and other safety and health issues. By plan-
ning your project with community involvement early in the process, you will help
ensure public support and approval for your goals and objectives while develop-
ing a safe project for everyone to enjoy.
M. Public Use
When appropriate, encourage public access and use, work with local educators
to design informative displays to install at your project, and help foster communi-
ty education programs, especially for projects developed for water reuse and
wildlife habitat. In some cases, public access may need to be prevented due to
safety and health concerns.
IM. Pilot Projects and Design Criteria
A pilot project may be necessary for designing your full-scale project. If a pilot is
not utilized, then design considerations should be fully described and made avail-
able to future operators and regulatory staff. To assist in project design, see the
reference, Constructed Wetlands Treatment of Municipal Wastewater Process Design
Manual (EPA 625-R-99-010), as well as other technical references such as those
listed in Appendix IV. Planning, design, and construction information is available
from Natural Resources Conservation Service (NRCS) offices nationwide; tech-
nical assistance may also be available from NRCS offices based on local priorities
and workloads. EPA's North American Treatment Wetland Database is a good
avenue for networking by owners and their designers. Information is generally
not complete enough for design, as most of the data is not quality assured and
key parameters may be missing.
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Construction Guidelines for
Constructed Treatment Wetlands
A. Construction Practices/Specifications/Drawings
Good construction practices should be followed during construction of your
treatment wetland. Examples include properly evaluating the site, limiting dam-
age to the local landscape by minimizing excavation and surface runoff during
construction, and maximizing flexibility of the system to adapt to extreme condi-
tions. Construction specifications and drawings should be utilized that clearly
convey procedures to be used and required quality of final product. Note that a
general construction storm water CWA Section 402 (NPDES) permit must be
obtained for any projects 5 acres in size or greater (or 1 acre expected to begin
in 2002). This permit requires development and implementation of a Storm
Water Pollution Prevention Plan including best management practices to mini-
mize pollutant loading during construction.
While designs should generally be kept as simple as possible to facilitate
ease of construction and operation, the use of irregular depths and shapes can
be highly beneficial to enhancing wildlife habitat value. Proper construction is
best ensured by the involvement of experienced inspectors and equipment oper-
ators who are knowledgeable about wetlands creation and the goals of the pro-
ject. Careful construction inspection is essential to ensuring that the project is
constructed as designed.
B. Soils
If possible, avoid soil sources that contain a seed bank of unwanted species.
Carefully consider the soil's permeability and the implications for ground water
protection. Highly permeable soils may allow infiltration and possible contamina-
tion of groundwater and could prevent the development of hydrological condi-
tions suitable to support wetland vegetation. You may need to use an imperme-
able barrier in some instances. Dredged material may be useful to help create a
base substrate layer, however you may need to test it to ensure that it doesn't
contain unwanted contaminants or materials. Matching a local dredging project's
disposal need with a beneficial use solution such as creating a constructed treat-
ment wetland is likely to be more practical, cost-effective, and environmentally
advantageous when made as part of a broad, watershed-level planning effort.
Contact your local U.S. Army Corps of Engineers office to see if there are any
dredging projects in your area. For detailed guidance on beneficial uses of
dredged material, please see the Beneficial Use Manual - Identifying, Planning, and
Financing Beneficial Use Projects Using Dredged Material (EPA 842-B-98-001).
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C. Vegetation Selection
Vegetation selection needs to accommodate the hydraulic operations of the wet-
land system and still support habitat objectives. In general, use a diversity of
native, locally obtained species. You should obtain seeds from a local seed bank
or seedlings from a local nursery, whenever possible. Native plants from existing
wetlands may be harvested provided that removal of the plants does not result
in damage to the existing wetland or violate any applicable Local, State, or
Federal regulations. Species should be chosen both for water quality and wildlife
habitat functions, if that is the intent of the project. The use of weedy, invasive,
or non-native species should be avoided. Also consider the plants' abilities to
adapt to various water depths and soil and light conditions at your site.
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Guiding Principles for Constructed Treatment Wetlands
Guidelines for Operation and Maintenance
of Constructed Treatment Wetlands
A. Management Plan
Designers or managers who decide to create a treatment wetland must factor in
long-term maintenance costs and needs to provide for the proper functioning of
the wetland over time. Factor in these maintenance needs by creating a long-
term operations, maintenance, monitoring, and funding plan that identifies the
party or parties responsible for maintenance and monitoring of your project,
their responsibilities, and the funding mechanisms. Some funding sources are list-
ed in Appendix III, "Federal Funding Sources." The management plan needs to
ensure maintenance of the functions the project is designed to provide. Where
vector control is likely to be a concern, provisions to control vegetation will be
an important component of the management plan. In some cases, you may need
to secure performance bonds prior to facility approval.
B. Regular Inspections and Maintenance Activities
You will need to make regular inspections of your constructed treatment wet-
land. The definition of "regular" is case-specific and will depend on the design
and operation of your treatment wetland. These considerations should be
described in your maintenance plan. Examples of maintenance activities that you
should conduct during these inspections include checking weir settings and the
inlet and outlet structures, cleaning off surfaces where solids and floatable sub-
stances have accumulated to the extent that they may block flows, removing nui-
sance species and maintaining the appearance and general status of the vegeta-
tion and wildlife populations, and removing sediment accumulations in forebays.
Save time and energy by conducting your routine monitoring activities, such as
sample collections and wildlife counts, at the same time as your inspections.
C. Operator Training
Train and/or certify your operators in the operation and maintenance of con-
structed treatment wetlands. Where available, this may be done in cooperation
with your State regulatory agencies, the facility engineer, and public or private
training centers, as directed by the certifying entity. Seek assistance from regula-
tors and local experts and attend constructed treatment wetland seminars and
conferences for additional technical assistance.
D. Contingency Plan
Project designers and operators should jointly develop a contingency plan to
address problems that could develop during facility operations. Such problems
may be due to: unrealistic or unattainable goals; design, construction, or opera-
tional errors; or unpredictable events. The first situation can be addressed by
revising project goals or regulatory criteria (e.g., water quality standards), the
second by reducing system capacity, increasing its area, or changing operational
practices, and the third by anticipation through conservative design. Contingency
plans should include measures for determining and remediating nuisance condi-
tions, addressing any toxicity observed in the wetland, and dealing with upstream
treatment plant failure or bypass. Auxiliary storage basins can be helpful for
dealing with many of these situations.
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Guidelines for Monitoring
Constructed Treatment Wetlands
A. Reference Wetland
Reference sites may be useful as a basis of comparison to identify various
changes and impacts to your constructed treatment wetland ecology and to eval-
uate its success. Where feasible and appropriate, consider using more than one
wetland of the same type (e.g., depressional, riverine), class, size, vegetative cover,
hydroperiod, and geographic region (preferably nearby and within the same
watershed), while allowing for natural variability, as a reference to measure the
success of your project. Depending on your project's goals and objectives, you
may want to compare only certain functions or characteristics of your treatment
wetlands with the reference wetlands.
B. Methods and Criteria
Depending on the primary goals and objectives of your project, site monitoring
can be used to determine the chemical, physical, and biological health of your
project and its success in treating effluent or other water sources. Monitoring
criteria may include water quality (surface and ground water), sediment quality,
temperature, hydrology (fluctuation, loading, variability and flow pattern monitor-
ing by means of tracer studies), plant, benthic macroinvertebrate, fish tissue anal-
yses, toxicity testing, seasonal vegetation mapping or physical sampling, habitat
structure and diversity (including species richness), and wildlife use surveys
(birds, amphibians, macro-invertebrates, and fish, if appropriate). Certain species,
such as migratory birds, will require Federal and State permits to collect for
monitoring purposes. Also, nuisance insects should be monitored to evaluate the
need for vector control measures. Where appropriate, methods for monitoring
should draw from the scientific literature for assessing biological conditions. The
specific details of your monitoring plan should be determined through discus-
sions with the permitting agencies. If your State has a wetlands biomonitoring
program, it may be appropriate to incorporate your efforts into the program.
Volunteer monitoring groups, such as the Izaak Walton League or local schools,
may be able to assist you with your monitoring efforts.
C. Early Identification of Potential Problems
Try to anticipate potential problems and monitor for potential dangers to the
wetland ecosystem, such as bioaccumulation, avian botulism and other avian dis-
eases, vector problems, invasion of non-native plants and animals, debris accumu-
lation, and nuisance conditions, and be prepared to respond quickly. Potential
responses to such problems should be described in your contingency plan.
D. Timeframe
Be sure to monitor the constructed treatment wetland for the entire life of the
project to help ensure that the wetland system performs as designed and meets
its ecological integrity goals.
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Federal Permits and Other Legal Issues
Federal, State, Tribal, and/or Local regulations, in addition to those listed below,
may be applicable. Please be sure to coordinate with the appropriate agencies
on all projects and, when appropriate, have cooperative and collaborative plan-
ning and information-sharing sessions with community and business representa-
tives, environmental groups, regulatory agencies, and the general public.
A. Clean Water Act and "Waters of the U.S."
"Waters of the United States" or "waters of the U.S." are those waters regulated
by the Clean Water Act (CWA) (see definition in Appendix I). By definition,
waste treatment systems designed to meet the requirements of the Clean Water
Act are not considered waters of the U.S. (40 CFR 122.2 9). If, however, your
constructed treatment wetland is constructed in an existing water of the U.S.,
the area will remain a water of the U.S. unless an individual CWA Section 404
permit is issued that explicitly identifies it as an excluded waste treatment sys-
tem designed to meet the requirements of the CWA.
If your constructed treatment wetland is constructed in uplands and is
designed to meet the requirements of the CWA, then it generally will not be
considered a water of the U.S. under the waste treatment system exclusion to
the definition of waters of the U.S. If the constructed treatment wetland is aban-
doned or is no longer being used as a treatment system, it may revert to (or
become) a water of the U.S. if it otherwise meets the definition of waters of the
U.S. This definition is met if the system has wetland characteristics (hydrology,
soils, vegetation) and it is (1) an interstate wetland, (2) is adjacent to another
water of the U.S. (other than waters which are themselves wetlands), or (3) if it
is an isolated intrastate water which has a connection to interstate commerce
(for example, it is used by interstate or foreign travelers for recreation or other
purposes).
The U.S. Army Corps of Engineers and the EPA decide on a case-by-case
basis whether or not particular bodies of water are waters of the U.S. Contact
your U.S. Army Corps of Engineers district or regional Environmental Protection
Agency office for more information on this subject. If your constructed treat-
ment wetland, or a portion of your constructed treatment wetland, is considered
a water of the U.S., then it falls under the jurisdiction of the CWA and one or
more of the following sections of the CWA may apply. If the constructed treat-
ment wetland is not itself a water of the U.S. but it discharges pollutants into a
water of the U.S., the discharge requires a permit under CWA Section 402.
Guiding Principles for Constructed Treatment Wetlands
B. Clean Water Act Section 303 Water Quality Standards
Under the CWA, States and Tribes (and in a few cases EPA) are to adopt water
quality standards for all waters of the U.S. Water quality standards include desig-
nated uses for water bodies, criteria to protect these designated uses, and an
antidegradation policy (Section 303). Permits for discharges to waters of the U.S.,
including jurisdictional wetlands, must ensure the discharges will not cause or con-
tribute to a violation of water quality criteria or impair designated uses in the
receiving water or downstream waters. If there are no water quality standards
specific to a wetland, the water quality standards for the adjacent open waterbody
may be applied to the wetland, depending on your state's policies. Please see
Appendix II, "Section 303 of the Clean Water Act," for additional information.
C. Clean Water Act Section 401 Certification
Projects involving a federally-licensed activity that may result in discharges to
waters of the U.S. (such as a CWA Section 402 permit from EPA and/or a CWA
Section 404 permit from the U.S. Army Corps of Engineers) require certification
under Section 401 of the CWA. Your permit application will need certification
that the proposed activity will not violate water quality standards or other State
or Tribal requirements. This certification must come from the State or autho-
rized Tribe in whose geographic jurisdiction the discharge would occur, or in
some circumstances from EPA. Note that the State or Tribe may place condi-
tions on its certification that are intended to prevent such violations. States and
Tribes may waive certification.
D. Clean Water Act Section 402
The CWA Section 402 program, also known as the National Pollutant Discharge
Elimination System (NPDES) program, regulates the discharge of pollutants
(other than dredged or fill material, which is covered, below, under Section 404
of the Clean Water Act) from point sources into waters of the U.S. Over forty
states are authorized by EPA to administer the NPDES permitting program with-
in their state boundaries. The construction and/or operation of a treatment wet-
land may involve these discharges to waters of the U.S. and, as a result, require
an NPDES permit.
If construction of the treatment wetland will disturb 5 acres or more (1 acre
expected to apply in 2002), an NPDES permit for the discharge of storm water is
required. In most areas of the country, EPA or State NPDES permitting authori-
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Guiding Principles for Constructed Treatment Wetlands
ties have issued storm water general permits for discharges from construction
activities. These storm water general permits typically require operators of the
construction project to submit a notice of intent (NOI) form, and prepare a site
specific storm water pollution prevention plan, prior to disturbing any land at the
site. For more information, please contact your NPDES permitting authority. A
current list of State/Federal Storm Water Contacts is available at:
http://www.epa.gov/owm/swlib.htm. For more information, see VIII., Question
and Answer #1, and Appendix II, "Section 402 of the Clean Water Act."
E. Clean Water Act Section 404
If your construction activities involve the discharge of dredged or fill material
(e.g., rock, sand, and soil) to waters of the U.S., you will need authorization under
CWA Section 404. For example, if you wish to use a degraded jurisdictional
wetland for wastewater treatment and plan to construct water control struc-
tures, such as berms or levees, this construction will typically involve discharges
of dredged or fill material into that wetland. (Note:The use of existing wetlands
for purposes of wastewater treatment is generally discouraged.) Subsequent
maintenance may also require a permit, although Section 404(f) may exempt
some routine maintenance from 404 permitting requirements. You should con-
tact the U.S. Army Corps of Engineers (or the appropriate state agency) to
determine the regulatory requirements associated with the proposed discharge
of dredged or fill material. For more information, see Appendix II, "Section 404
of the Clean Water Act."
Compensatory Mitigation: In general, wetlands constructed or restored
for the primary purpose of treating wastewater will not be recognized as com-
pensatory mitigation to offset wetland losses authorized under federal regulatory
programs. In some cases, however, components of constructed wetland treat-
ment systems that provide wetland functions and values beyond what is needed
for treatment purposes may be used for compensatory mitigation. For example,
project sponsors may be eligible to receive mitigation "credit" for using treated
effluent as part of a constructed treatment wetland system that restores or cre-
ates additional wetland acreage beyond the acreage needed for treatment purpos-
es. The use of constructed treatment wetlands for mitigation for CWA Section
404 purposes is subject to approval by the U.S. Army Corps of Engineers, in con-
sultation with other Federal and State resource agencies. Such decisions need to
be made on a case-by-case basis, considering, among other factors, the appropri-
ateness of the constructed treatment wetland to fully offset the anticipated
impacts from the loss of natural wetlands.
Guiding Principles for Constructed Treatment Wetlands
F. Preapplication Treatment (see definition in Appendix I)
If your constructed treatment wetland is considered a water of the U.S. (e.g., is
constructed in a water of the U.S.), you must treat the effluent, or other source
water (storm water runoff, agricultural and livestock waste, etc.) prior to its
entering the constructed treatment wetland sufficiently to meet all applicable
water quality standards (and to prevent degradation of wildlife or biological
integrity) and technology-based requirements. Municipal wastewater effluent
generally must be treated to at least secondary levels before it enters waters of
the U.S. (CWA Section 301). Other examples of treatment include best manage-
ment practices for storm water and confined animal feeding operations.
G. Other Federal Legal and Programmatic Considerations (for
descriptions, see Appendix II: Federal Statutes and Regulations)
Clean Water Act Section 319 (Nonpoint Source Pollution Program)
Estuary management plans under Clean Water Act Section 320
Coastal Zone Management Act, including Reauthorization Amendments of 1990
Endangered Species Act
Fish and Wildlife Coordination Act
Magnuson-Stevens Fishery Conservation and Management Act
Migratory Bird Treaty Act
National Environmental Policy Act
National Wild and Scenic Rivers Act
National Historic Preservation Act
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Guiding Principles for Constructed Treatment Wetlands
Questions and Answers
Question 7:
/ am planning to build 50 acres of constructed treatment wetlands for post-secondary
wastewater treatment of my small community's municipal wastewater effluent, I antici-
pate that the wetland will provide high value wetland habitat for wildlife and public use.
Do I need any permits, do water quality standards apply to my project, and can I get
mitigation credits?
If your new constructed treatment wetland is considered waters of the U.S.
or will discharge pollutants to waters of the U.S., you will need a CWA Section
402 (NPDES) permit at the discharge point (please see the discussion on waters
of the U.S. under VILA and Appendix I). The permit's requirements will be based
on the applicable water quality standards for the receiving waterbody. Three
options for this are outlined below:
Option 1
If the post-secondary effluent
meets the applicable water quali-
ty standards requirements, you
may receive a CWA Section 402
(NPDES) permit (with appropri-
ate limits) to discharge directly
into the waters of the U.S.
Option 2
If the post-secondary effluent
almost meets the applicable
water quality standards for
waters of the U.S., and can meet
those standards within a short
distance of the discharge, you
may be able to use a mixing
zone and receive a CWA Section
402 (NPDES) permit (with
appropriate limits) to discharge
directly into the waters of the
U.S. Check with your state to
see if mixing zones are allowed.
water quality
standards met here
NPDES permit
limits apply here
Option 1
all water
quality
standards
met here
NPDES permit limits
apply here
some water quality
standards met here
Option 2
all water
quality
standards
met here
preliminary
treatment
wetland
NPDES permit
limits apply here
some water
quality
standards
met here
Option 3
Option 3
If the post secondary effluent will
not meet the water quality stan-
dards for waters of the U.S. at or
near the point of discharge, you
may be able to discharge the post-
secondary effluent to still another
constructed treatment wetland that
is not a water of the U.S. for fur-
ther treatment. The discharge from
this treatment wetland could then
be treated in a manner similar to
the effluent in Options 1 or 2.
Be sure to coordinate with the
appropriate NPDES permitting
authorities prior to constructing
the wetland. Also check with your state, because some states have developed
specific water quality standards for wetlands, which may apply to your construct-
ed treatment wetland project. Other water quality standards and technology-
based effluent limitations may also apply, depending on the effluent source. For
more information on standards, see VII: "Federal Permits and Other Legal Issues"
and Appendix II, "Section 303 of the Clean Water Act."
If construction activities are proposed in existing wetlands or waters of the
U.S., then the U.S. Army Corps of Engineers and appropriate State agencies must
also be consulted for CWA Section 404 permitting (see VILE, "Clean Water Act
Section 404").
Portions of your project may be eligible for use as mitigation, depending on
case-specific circumstances. Also, see the discussion of compensatory mitigation
in VILE, "Clean Water Act Section 404."
Question 2:
I live in an arid area and am hoping to use secondary wastewater effluent to restore a
highly degraded natural wetland, while providing advanced treatment to the secondary
effluent to meet requirements for downstream recreational use. Because of local water
allocations and a drop in the water table, this site is now dry most of the year. The
addition of effluent as a water source will help restore the wetland back to its historical
hydrology and bring back the wetland dependent birds and wildlife. Do I still need per-
mits and can I get mitigation credits for my restoration efforts?
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Guiding Principles for Constructed Treatment Wetlands
Depending on the specific circumstances of your proposal, you may need
federal authorization of your project. For example, if the particular degraded
wetlands are considered waters of the U.S., discharges to create the waste treat-
ment system will require a CWA Section 404 permit. A CWA Section 402
(NPDES) permit will also be required. As noted earlier, we encourage the use of
appropriately treated effluent for restoration efforts only when it benefits the
environment (See II.B "Opportunities for Restoration of Degraded or Former
Wetlands.") Under some circumstances, portions of the restored wetland may
be used as compensatory mitigation (see discussion of compensatory mitigation
in VILE "Clean Water Act Section 404").
Question 3:
Does my constructed treatment wetland become a water of the U.S. after it is no
longer used as a treatment system?
If the treatment wetland is a water of the U.S., it will remain so after it stops
being used as a treatment system. If the treatment wetland is not a water of the
U.S., it may become (or revert back to, as the case may be) a water of the U.S. if
it has wetland characteristics (hydrology, soils, and vegetation) and the following
conditions apply: (1) it is an interstate wetland, (2) it is adjacent to another water
of the U.S. (other than a water which is itself a wetland), or (3) it meets the
interstate commerce requirements for an isolated intrastate water of the U.S.
(for example, it is used by interstate or foreign travelers for recreation or other
purposes). These decisions are made on a case-by-case basis. (See VILA "Clean
Water Act and 'Waters of the U.S.'")
Question 4:
If I need to perform general maintenance in the constructed treatment wetland, will I
need a Section 404 permit to deposit removed vegetation or dredge sediments?
If the constructed treatment wetland is a water of the U.S., you may need a
permit. Specifically, if the proposed activity involves discharges into waters of the
U.S. or placement of fill material into waters of the U.S., a CWA Section 404
permit is needed unless the 404(f) exemption applies (see VILE "Clean Water Act
Section 404"). Activities such as building levees or sidecasting rock, sand, or soil
into the wetland are likely to require such permits. We generally encourage con-
structing forebays in uplands to collect effluent and storm water prior to dis-
charge to wetlands. You must obtain a permit to construct forebays in an exist-
ing wetland. Forebays should be designed to promote sedimentation and
decrease the disruptive forces of the wastewater entering the system and there-
by reducing impacts to water quality. Maintenance activities that are confined to
such areas will not require authorization if they do not involve discharges to
waters of the U.S. Discharge from the maintenance of levees will likely be
exempt from permit requirements under Section 404(f). (See VILA and E for
more information).
Question 5:
Will I need a groundwater permit for my constructed treatment wetland?
In general, groundwater protection permits are issued by State or Local
agencies.You should coordinate with the appropriate State and Local agencies
before you construct the treatment wetland. If the water in your constructed
treatment wetland interacts with groundwater, then you may need a permit. If
the wetland is lined with an impermeable liner, then interaction is unlikely and a
permit may not be necessary. A Clean Water Act 402 (NPDES) permit may be
required for discharges to groundwater where that groundwater has a direct
hydrologic connection to surface waters of the U.S.
Question 6:
/ am considering using constructed treatment wetlands to treat my municipality's storm-
water flows. What general issues must I consider?
First of all, the treatment wetland should not be constructed in a waters of
the U.S. unless you can sufficiently pretreat the stormwater flows to protect the
values and functions of the waters of the U.S. Because storm water is an unpre-
dictable effluent source and can contain high levels of toxic substances, nutrients,
and pathogens, we strongly encourage that you construct the treatment wetland
in uplands and use best management practices in these projects (see EPA's
Protecting Natural Wetlands: A Guide to Stormwater Best Management Practices,
EPA/843-B-96-001). Depending on the size of your municipality and other fac-
tors, you may need to get a CWA Section 402 (NPDES) permit. Be sure to con-
tact all the appropriate wastewater authorities in your area during the early plan-
ning stages of this type of project.
Question 7:
Can I use constructed treatment wetlands to treat other effluents or source
waters?
Yes, as long as you (1) generally avoid using natural wetlands which are
waters of the U.S., (2) adequately pretreat the effluent or source water to pro-
tect the treatment wetlands and other nearby surface and groundwater sources,
(3) contact the appropriate authorities, and (4) meet all applicable requirements.
We also encourage you to follow the principles established in this document.
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Guiding Principles for Constructed Treatment Wetlands
Appendix I
DEFINITIONS
COMPENSATORY MITIGATION
For the purposes of CWA Section 404, compensatory mitigation is the restora-
tion, creation, enhancement, or in exceptional circumstances, preservation of
wetlands and/or other aquatic resources for the purpose of compensating for
unavoidable adverse impacts of a dredge or fill project which remain after all
appropriate and practicable avoidance and minimization has been achieved.
CONSTRUCTED TREATMENT WETLAND
Engineered and constructed wetlands that utilize natural processes involving wet-
land vegetation, soils, and their associated microbial assemblages to assist, at least
partially, in treating an effluent or other source water. In general, these systems
should be engineered and constructed in uplands, outside waters of the U.S.,
unless the source water can be used to restore a degraded or former wetland
(see II.B "Opportunities for Restoration of Degraded or Former Wetlands").
DEGRADED WETLANDS
Wetland systems that have lost some or all of their characteristic functions and
values due to hydrologic alterations, discharges of fill material and/or other
impacts such as pollutants, nuisance and invasive species, and discharge of point
and nonpoint sources.
DESIGNATED USES
Classifications for waters of a State or Tribe by the State or Tribe that are to be
achieved and protected. These uses must take into consideration the existing
use and potential value of water for public water supplies, protection and propa-
gation of fish, shellfish and wildlife, recreation in and on the water, agricultural,
industrial, and other purposes including navigation. Note that in no case shall a
State adopt waste transport or waste assimilation as a designated use for any
waters of the U.S. (40 CFR T3T,W(a))
DISCHARGE OF POLLUTANTS
The addition of pollutants, including dredge and fill material, from a point source
to waters of the U.S.
DREDGED MATERIAL
Material that is excavated or dredged from waters of the U.S.
Guiding Principles for Constructed Treatment Wetlands
EFFLUENT
Wastewater, normally treated.
FILL MATERIAL
Any material that has the effect of replacing an aquatic area with dry land or of
changing the bottom elevation of a waterbody.
FLOODPLAIN
The area that would be inundated by the flood which has a 1% chance of occur-
ring in any given year, also referred to as the "100-year" flood (National Flood
Insurance Program definition).
FLOODWAY
That area of the watercourse plus adjacent floodplain lands which must be
reserved in order to allow the discharge of the base flood ("100-year" flood)
without increasing flood heights more than a designated amount (National Flood
Insurance Program definition).
FOREBAY
An area within a management pond, wetland, etc., that is sized to capture sedi-
ments and other debris as the material enters the unit. This area is designed to
provide for equipment access to facilitate periodic removal of accumulated material.
INVASIVE SPECIES
Species that spread rapidly, are frequently non-native to the region, and tend to
out-compete more desirable native forms and to become dominant.
IURISDICTIONAL WATERS, or JURISDICTIONAL WETLANDS
See "Waters of the U.S."
MITIGATION
See "Compensatory Mitigation."
MIXING ZONE
An area where an effluent discharge undergoes initial dilution and is extended to
cover the secondary mixing in the ambient waterbody. A mixing zone is an allo-
cated impact zone where water quality criteria can be exceeded as long as
acutely toxic conditions are prevented. Compliance with effluent treatment stan-
dards typically is measured at the edge of the mixing zone. (Water Quality
Standards Handbook - Second Edition, EPA-823-B-94-005, p. GLOSS-4.)
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MONOTYPIC
Having a nearly total dominance of one species of plant, such as Phragmites aus-
tralis.or Typha spp., within an area.
NONINDIGENOUS or NON-NATIVE SPECIES
Species which are not native to the environment in which they currently exist
and have been introduced by and often proliferate because of human activities.
NONPOINT SOURCE (NPS) POLLUTION
Sources of pollution not defined by statute as point sources. NPS pollution
results from the transport of pollutants into receiving waters via overland flow
runoff within a drainage basin. Because NPS pollution is diffuse, its specific
sources can be difficult to identify.
OTHER SOURCE WATERS
Categories of wastewater other than municipal wastewater, such as acid mine
drainage, industrial wastewater, agricultural and urban runoff, effluent from live-
stock operations, landfill leachates, etc.
POINT SOURCE
Any discernible, confined, and discrete conveyance, including but not limited to,
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, landfill leachate collection system,
vessel or other floating craft from which pollutants are or may be discharged.
This term does not include return flows from irrigated agriculture or agricultural
stormwater runoff. (40 CFR § 722.2)
PREAPPLICATION TREATMENT
The treatment of wastewaters prior to their introduction to constructed treat-
ment wetlands, such that they do not negatively impact the wetlands' functions
and values.
RESTORATION
"Return of an ecosystem to a close approximation of its condition prior to dis-
turbance" and "the reestablishment of predisturbance aquatic functions and relat-
ed physical, chemical and biological characteristics" (National Research Council,
1992).
liSiffilllli!
SOURCE WATERS or WATER SOURCES
See "Other Source Waters."
STORMI/I/ATER
Flows and discharges resulting from precipitation events, such as rainfall or
snowmelt, and include municipal and industrial stormwater runoff, combined
sewer overflows (CSOs), and sanitary sewer overflows (SSOs). Urban storm-
water runoff, which is often collected by storm drains and transported to receiv-
ing waters, can contain many pollutants that are accumulated as rainwater or
snowmelt flow across the surface of the earth. Such pollutants include oil and
grease, chemicals, nutrients, pesticides, heavy metals, bacteria, viruses, and oxygen-
demanding compounds, (http://www.epa.gov/owm/wfaq.htm)
WATERS OF THE U.S.
All waters that are currently used or were used in the past, or may be suscepti-
ble to use in interstate commerce, including: all waters that are subject to ebb
and flow of the tide; all interstate waters including interstate wetlands; all other
waters such as intrastate lakes, rivers, streams including intermittent streams,
mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes,
or natural ponds, the use, degradation or destruction of which would or could
affect interstate or foreign commerce; all impoundments of waters otherwise
defined as waters of the U.S. under this definition; tributaries of waters defined
above; the territorial sea; and wetlands adjacent to waters (other than waters
that are themselves wetlands) identified above. Courts have found that this
includes such waters as isolated, intrastate waters which are used by migratory
birds or which attract interstate travelers or from which fish or animals are or
could be harvested and sold in interstate commerce. Waste treatment systems,
including treatment ponds or lagoons designed to meet the requirements of the
CWA, are excluded from waters of the U.S. If such treatment systems are aban-
doned and otherwise meet the definition of waters of the U.S., they become or
revert to regulated waters of the U.S. (See the regulations for specific details: 40
CFR § 230,3(s)(T-7),T22,2 and COE Regulations at 33 CFR § 328,3(a)(T-7))
WATERSHED
The total drainage area contributing runoff to a single point or "hydrologically
defined geographic areas... typically the areas that drain to surface waters or
that recharge or overlay ground waters or a combination of both." (June 1996
EPA Watershed Approach Framework)
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Guiding Principles for Constructed Treatment Wetlands
WETLAND
Those areas that are inundated or saturated by surface or ground water at a fre-
quency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(Definitions taken from EPA regulations at 40 CFR § 230.3ft) and COE
Regulations at 33 CFR § 328.3(b).)
FEDERAL STATUTES AND REGULATIONS
MAJOR FEDERAL PROGRAMS AND REGULATIONS THAT MAY
APPLY TO CONSTRUCTED TREATMENT WETLANDS
The U.S. Congress enacted the Clean Water Act to RESTORE AND MAINTAIN THE
CHEMICAL, PHYSICAL AND BIOLOGICAL INTEGRITY OF THE NATION'S WATERS.
Section 303 of the Clean Water Act.
States and Tribes are to develop water quality standards for all waters of the
U.S., including wetlands, subject to EPA approval. These standards, at a minimum,
must consist of three major components:
1. Designated Uses - These are environmental goals for each waterbody
within a State or Tribe. Each body of water is given one or more designated
uses, such as "groundwater recharge" or "aquatic life support." The goal of the
State or Tribe is to achieve, protect, and maintain these designated uses.
2. Water Quality Criteria - States and Tribes develop water quality crite-
ria to support the designated uses of each waterbody in their respective jurisdic-
tions. The criteria are either narrative statements or numeric limits on factors
affecting the waterbody's health. A number of states are now establishing biolog-
ical criteria, in addition to the more traditional physical and chemical criteria, to
help determine the health of wetlands.
3. Antidegradation Policy -All States must have antidegradation policy
language consistent with 40 CFR § 737.72 in their water quality standards, and
must develop appropriate implementation procedures. Antidegradation policies,
at a minimum, must maintain and protect existing instream water uses and the
level of water quality necessary to protect the existing uses. These policies also
ensure the protection of water quality for a particular waterbody where the
water quality exceeds levels necessary to protect fish and wildlife propagation
and recreation on and in the water.
Section 319(b) of the Clean Water Act
(Nonpoint Source (NPS) Pollution Program).
EPA has oversight for a national program to control nonpoint sources of pollu-
tion. This program requires that States develop management programs for the
control of nonpoint source pollution. EPA emphasizes a watershed-based
approach, which can include protection and/or restoration of wetlands and ripar-
ian areas.
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Section 407 of the Clean Water Act.
Certification verifying compliance with a State or Tribe's water quality standards
and other requirements is necessary is required for federally-permitted or
licensed activities that involve discharges to waters of the U.S.
Section 402 of the Clean Water Act
(National Pollutant Discharge Elimination System (NPDES)).
Clean Water Act Section 402 establishes a program to regulate the discharge of
a pollutant (other than dredged or fill materials, which are covered under
Section 404 of the Clean Water Act) from a point source into waters of the U.S.
The Section 402 Program is administered at the Federal level by the EPA. A
State or Tribe, however, can be authorized to administer all or part of the pro-
gram, upon approval by the EPA. As of 1998, 43 States have assumed the NPDES
program.
The CWA defines a "discharge of a pollutant" to mean any addition of any
pollutant to navigable waters from any point source. The term "pollutant" is
defined as dredged spoil, solid waste, sewage, sewage sludge, chemical wastes,
biological materials, industrial, municipal, and agricultural waste, etc. discharged
into water. A "point source" is a discernible, confined and discrete conveyance,
such as a pipe, ditch, channel or sewer, etc. from which pollutants are or may be
discharged.
The CWA prohibits discharge of a pollutant from a point source except in
accordance with a permit. Discharges to waters of the U.S. may be authorized
by obtaining and complying with the terms of a National Pollutant Discharge
Elimination System (NPDES) permit. NPDES permits commonly contain numeri-
cal and narrative limits on the amounts of specified pollutants that may be dis-
charged. These "effluent limitations" implement both technology-based and
water quality-based requirements of the Act. Technology-based limitations repre-
sent the degree of control that can be achieved by point sources using various
levels of pollution control technology. In addition, if necessary to achieve compli-
ance with applicable water quality standards (see Section 303 above), NPDES
permits must contain water quality-based limitations more stringent than the
applicable technology-based standards.
Section 404 of the Clean Water Act.
CWA Section 404 establishes a program to regulate the discharge of dredged or
fill materials into waters of the U.S. At the Federal level, the U.S. Army Corps of
Engineers and the EPA administer the 404 program. The U.S. Fish and Wildlife
Service and the National Marine Fisheries Service have important advisory roles.
liSiffilllli!
The U.S. Army Corps of Engineers has the primary responsibility for the permit
program and is authorized, after notice and opportunity for public hearing, to
issue permits for the discharge of dredged or fill material. EPA's responsibilities
include development of the environmental guidelines by which permit applica-
tions are evaluated and review of proposed permits. States can assume a por-
tion of the permit program from the Federal government. As of 1998, Michigan
and New Jersey have assumed the 404 program.
The basic premise of the Section 404 program is that no discharge of
dredged or fill material can be permitted if a practicable alternative exists that is
less damaging to the aquatic environment, or if the nation's waters would be sig-
nificantly degraded. Accordingly, applicants for a Section 404 permit must
demonstrate that no practicable alternative exists that would meet the basic
purpose of the project and have less impact on the aquatic environment. Once
potential impacts to the aquatic environment have been avoided and minimized
to the maximum extent practicable, applicants are required to provide practica-
ble compensatory mitigation, such as wetlands restoration or enhancement, to
offset any remaining adverse effects.
Coastai Zone Act Reauthorization Amendments of 1990, Section 6217(g).
This program is jointly administered by EPA and National Oceanic and
Atmospheric Administration (NOAA), and calls upon states to develop and imple-
ment State Coastal Nonpoint Source Pollution Control Programs. EPA and
NOAA have developed guidance specifying management measures for nonpoint
source pollution affecting coastal waters (Guidance Specifying Management
Measures for Sources of Nonpoint Pollution in Coastal Waters, EPA/84-B-92-002).
Included in this guidance is a chapter on protection and restoration of wetlands
and riparian areas, and the use of vegetated systems for nonpoint source control.
The Endangered Species Act (ESA).
The 1973 Endangered Species Act provides for the conservation of ecosystems
upon which threatened and endangered species of fish, wildlife, and plants
depend. Among other things, the ESA prohibits unauthorized taking, possession,
sale, and transport of threatened and endangered species. It also requires
Federal agencies to insure that any action authorized, funded or carried out by
them is not likely to jeopardize the continued existence of listed species or
modify their critical habitat. The U.S. Fish and Wildlife Service and National
Marine Fisheries Service can provide information on the location of threatened
or endangered species and their habitats.
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Fish and Wildlife Coordination Act.
This Act authorizes the U.S. Fish and Wildlife Service and the National Marine
Fisheries Service to cooperate with Federal, State, public, and private organiza-
tions in the protection of wildlife (including fish) and its habitat. It also requires
that impacts to wildlife be given equal consideration in water-resource develop-
ment programs. The U.S. Fish and Wildlife Service and the National Marine
Fisheries Service must be contacted regarding all new Federal water projects or
federally-authorized water projects that modify streams or other bodies of water.
Magnuson-Stevens Fishery Conservation and Management Act.
The 1996 amendments to this Act require the Fishery Management Councils to
describe "essential fish habitat" (EFH) for managed fish, including shellfish. The Act
also requires Federal agencies to consult with National Marine Fisheries Service
on any federal action (including those federally-funded or authorized) that may
adversely affect EFH. National Marine Fisheries Service regulations emphasize the
use of existing coordination processes (e.g., National Environmental Policy Act,
Fish and Wildlife Coordination Act) for accomplishing EFH consultation. National
Marine Fisheries Service is required to provide EFH conservation recommenda-
tions to both Federal and State agencies whose actions would adversely affect
EFH. Federal agencies are required to respond to these recommendations.
Migratory Bird Treaty Act (as amended).
This Act implements four international treaties that individually affect migratory
birds common to the United States, Canada, Mexico, Japan, and the former Soviet
Union. The Act establishes Federal responsibility for protecting and managing
migratory and nongame birds, including the issuance of permits to band, possess
or otherwise make use of migratory birds, and the establishment of season
length, bag limits, and other hunting regulations. Except as allowed by imple-
menting regulations, the Act makes it unlawful to pursue, hunt, kill, capture, pos-
sess, buy, sell, purchase, or barter any migratory bird, including the feathers or
other parts, nests, eggs, or migratory bird products.
National Environmental Policy Act (NEPA).
NEPA requires Federal agencies to make informed, environmentally-responsible
decisions when considering Federal actions that may have a significant impact on
the environment, such as when issuing a Section 404 permit. Generally, agencies
must evaluate potential environmental consequences of proposed actions using
Environmental Assessments (EAs) and/or Environmental Impact Statements (EISs).
National Wild and Scenic Rivers Act.
This Act selects certain rivers of the nation that possess outstandingly remark-
able scenic, recreational, geologic, fish and wildlife, historic, cultural, or other simi-
lar values; preserves them in a free-flowing condition; and protects them and
their immediate environment for the benefit and enjoyment of present and
future generations. It describes procedures and limitations for the control of
lands in federally-administered components of the system and for dealing with
the disposition of lands and minerals under Federal ownership. Rivers are classi-
fied as wild, scenic or recreational, and various prohibitions on the use of the
waters and land apply, respectively. To preserve its current free-flowing condi-
tion, a designated river is protected from federally-supported dam building and
other federally-authorized structural changes which would adversely effect the
values upon which its designation was based.
National Historic Preservation Act.
This Act provides for the preservation of significant historical features (buildings,
objects and sites). It established a National Register of Historic Places. Federal
agencies are directed to take into account the effects of their actions on items
or sites listed or eligible for listing in this National Register.
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Appendix III
FEDERAL FUNDING SOURCES
EPA's Clean Water Act State Revolving Fund (SRF)
Purpose: Provides grant funds to States to help them establish state revolving
fund (SRF) programs. States, in turn, offer loans and other types of financial
assistance from their SRFs to municipalities, individuals, and others for high-prior-
ity water quality activities.
Projects: While traditionally used to build or improve wastewater treatment
plants, loans are also used increasingly for: agricultural, rural, and urban runoff
control; wetland and estuary improvement projects; stormwater flow control and
sewer overflows; alternative treatment technologies such as constructed wetlands.
Assistance: States offer loan rates that are two to four percent below market
rates. Some states offer even lower interest rates to small, economically disad-
vantaged communities. 1999 budget: $1.35 billion.
Eligibility: Municipalities, individuals, communities, citizen groups, and non-profit
organizations, though each State ultimately determines eligibility.
Address: U. S. EPA, Office of Wastewater Management, 1200 Pennsylvania
Avenue, N.W (4204), Washington, DC 20460
Phone: (202) 564-0748
Facsimile: (202) 501-2338
E-mail: srfinfo.group@epa.gov
Web Site: www.epa.gov/OWM
EPA's Nonpoint Source Implementation Grants (379 Program)
Purpose: To help States,Territories, and Tribes develop and implement pro-
grams to prevent and control nonpoint source pollution, such as creating con-
structed treatment wetlands to clean-up urban runoff and agricultural wastes.
Projects: States,Territories, and Tribes receive grant money (and may then pro-
vide funding and assistance to local groups) to support a wide variety of activi-
ties, such as technical assistance, financial assistance, technical programs, educa-
tion, training, technology transfer, demonstration projects (e.g., best management
practices), and monitoring specific to nonpoint source implementation.
Assistance: Grants are first awarded to State agencies. Local organizations can
then apply for grants through the agencies, but they must provide 40 percent of
the total project or program cost as non-federal dollars. 1999 budget: approx.
$200 million.
Eligibility: State, Local, and Tribal governments, nonprofit and local organiza-
tions, etc. (Check with your state contact.)
Address: U.S. EPA, Office of Wetlands, Oceans, and Watersheds,
Pennsylvania Avenue, N.W. (4502F), Washington, DC 20460
Phone: (202)260-1799
Facsimile: (202) 260-2356
E-mail: ow-general@epa.gov
Web Site: www.epa.gov/owow/NPS
1200
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REFERENCES
Executive Order 11988. Floodplain Management May 24,1977.
Executive Order 11990. Protection of Wetlands, May 24,1977.
Godfrey, P.J., E.R. Kranor, S. Pelczarski, and J. Benforado (eds.). (1985). Ecological
Considerations in Wetlands Treatment of Municipal Wastewaters. Amherst, MA, June
25,1982. Van Nostrand Reinhold, New York, NY.
Hammer, D.A., ed. (1989). Constructed Wetlands for Wastewater Treatment:
Municipal, Industrial and Agricultural. Lewis Publishers, Chelsea, Ml.
Hammer, D.A. (1992). Creating Freshwater Wetlands. Lewis Publishers, CRC
Press, Boca Raton, FL.
Kadlec, R.H. and R.I. Knight (1996). Treatment Wetlands, CRC Press, Inc., Boca
Raton, FL.
Kadlec, R.H., R.I. Knight, J.Vymazal, H. Brix, R. Cooper and R. Haberl. (2000).
Constructed Wetlands for Pollution Control Process, Performance, Design and Operation.
IAW Publishing, London, UK.
Kusler, J.A. and M.E. Kentula, eds. (1989). Wetland Creation and Restoration;The
Status of the Science, Vol. I and II, EPA/600/3/89/038a&b. U.S. EPA, Environmental
Research Laboratory, Corvallis, OR.
Marble, A.D. (1990). A Guide to Wetland Functional Design, FHWA-IP-90-010.
U.S. Department of Transportation, McLean, VA.
Merritt, A. (1994). Wetlands, Industry & Wildlife:A Manual of Principles and
Practices, The Wildlife & Wetlands Trust, Gloucester GL27BT, UK.
Mitsch, WJ. and J.G. Gosselink (2000). Wetlands, 3rd ed, John Wiley and Sons,
Inc., New York, NY.
Moshiri, G.A., ed. (1993). Constructed Wetlands for Water Quality Improvement.
Lewis Publishers, CRC Press, Boca Raton, FL
National Research Council (1992). Restoration of Aquatic Ecosystems. National
Academy of Sciences, Water Science and Technology Board. National Academy
Press, Washington, DC.
Reed, S.C., R.W Crites, and E.J. Middlebrooks (1995). Natural Systems for Waste
Management and Treatment. McGraw-Hill, New York, NY.
Schneller-McDonald, K., L.S. Ischinger, and G.T. Auble (1990). Wet/and Creation
and Restoration: Description and Summary of the Literature. Biological Report 90(3).
U.S. Department of the Interior, U.S. Fish and Wildlife Service, National Ecology
Research Center, Fort Collins, CO.
Schueler.T. (1992). Design of Stormwater Wetland Systems: Guidelines for Creating
Diverse and Effective Stormwater Wetland Systems in the Mid-Atlantic Region.
Department of Environmental Programs, Metropolitan Washington Council of
Governments, Washington, DC.
Strecker, E.W, Kersnar, J.M., and E.D. Driscoll (1992). The Use of Wetlands for
Controlling Stormwater Pollution. The Terrene Institute, Washington, DC.
U.S. Department of Agriculture, Soil Conservation Service (1992). "Wetland
Restoration, Enhancement, or Creation." Part 650, Chapter 13 of the Engineering
Field Handbook.
U.S. Environmental Protection Agency (1992). Guidance for Modifying Water Quality
Standards and Protecting Effluent-Dependent Ecosystems. U.S. EPA Region 9 Interim
Final Guidance. San Francisco, CA.
U.S. Environmental Protection Agency (1992). Guidance Specifying Management
Measures for Sources of Nonpoint Pollution in Coastal Waters, EPA84-B-92-002.
Office of Water, Washington, DC.
U.S. Environmental Protection Agency (1993). Constructed Wetlands for Wastewater
Treatment and Wildlife Habitat -7 7 Case Studies, EPA832-R-93-005. Office of
Water,Washington, DC.
U.S. Environmental Protection Agency (1994). North American Wetlands for Water
Quality Treatment Database. Risk Reduction Engineering Laboratory, Cincinnati, OH.
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U.S. Environmental Protection Agency (1994). Water Quality Standards Handbook -
Second Edition, EPA823-B-94-005. Office of Water, Washington, DC.
U.S. Environmental Protection Agency (1996). Protecting Natural Wetlands:A Guide
to Stormwater Best Management Practices, EPA843-B-96-001. Office of Water,
Washington, DC.
U.S. Environmental Protection Agency and U.S. Bureau of Reclamation (June
1999). Free Water Surface Wetlands for Wastewater Treatment:A Technology
Assessment, EPA832-R-99-002. Office of Water, Washington, DC.
U.S. Environmental Protection Agency and U.S. Bureau of Reclamation (June
1999). Treatment Wetland Habitat and Wildlife Use Assessment: Executive Summary.
EPA832-S-99-001. Office of Water, Washington, DC.
U.S. Environmental Protection Agency (September 1999). Constructed Wetlands
Treatment of Municipal Wastewater Process Design Manual, EPA625/R-99/010.
ORD/NRMRL Center for Environmental Research Information, Cincinnati, OH.
U.S. Environmental Protection Agency (December 1999). Beneficial Use Manual -
Identifying, Planning, and Financing Beneficial Use Projects Using Dredged Material.
EPA/842-B-98-001. Office of Water, Washington, DC.
U.S. Fish and Wildlife Service (1987). Field Guide to Wildlife Diseases, Volume 1:
General Field Procedures and Diseases of Migratory Birds. Resource Publication 167.
Washington, DC.
Water Pollution Control Federation (1990). Natural Systems for Wastewater
Treatment. S.C. Reed ed. Manual of Practice FD-T6. Water Pollution Control
Federation, Alexandria, VA.
Watershed Management Institute and U.S. Environmental Protection Agency
(August 1997). Operation, Maintenance, and Management of Stormwater
Management Systems. Watershed Management Institute, Ingleside, MD.
Wetlands for Water Quality Management and Habitat Enhancement, Policy and
Permitting Issues - Final ETI Report (January 1997) prepared for the City of
Phoenix, U.S. EPA, and U.S. Bureau of Reclamation by the ETI Treatment Wetland
Policy & Permitting Team and CH2M-HMI.
Guiding Principles for Constructed Treatment Wetlands
Appendix V
MEMBERS OF THE CONSTRUCTED WETLANDS WORKGROUP
Name
Office
Bob Bastian
Jack Chowning
Greg Colianni
Cheryl Crisler
Tom Davenport
Naomi Detenbeck
Joe Dixon
Cindy Dyballa
Fran Eargle
Sue Elston
John Ettinger
Robert Goo
Roger Hancock
Peter Holmes
Paul Jones
Jamal Kadri
Bob Klepp
Kim Kramer
James Kreissl
Jack Landy
Jeffery Lapp
Matt Little
Kristen Martin
Kathy Matthews
Brett Melone
Daniel Montella
EPA Office of Wastewater Management
U.S. Army Corps of Engineers
EPA Oceans and Coastal Protection Div.
EPA Region 7, Kansas City, KS
EPA Region 5, Chicago, IL
EPA Research Lab, Duluth.MN
U.S. Army Corps of Engineers
U.S. Bureau of Reclamation
EPA Wetlands Division
EPA Region 5, Chicago, IL
EPA Wetlands Division
EPA Assess, and Watershed Protection Div.
EPA Region 6, Dallas, TX
EPA Region 1, Boston, MA
EPA San Francisco Bay Program
EPA Office of Policy, Planning, and Eval.
EPA Office of Wastewater Management
EPA Office of Wastewater Management
EPA Office of Research and Development
EPA Region 9, San Francisco, CA
EPA Region 3, Philadelphia, PA
EPA Wetlands Division
EPA Assess, and Watershed Protection Div.
EPA Region 4, Atlanta, GA
EPA Wetlands Division
EPA Region 2, New York, NY
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»>«-
Appendix VI ^
Kathy Mulder
Phil Oshida
Erika Petrovich
Dave Ruiter
Randy Rutan
Bob Shippen
Eric Stiles
Susan-Marie Stedman
Linda Storm
Matt Schweisberg
Doug Thompson
Lynne Trulio
Cathy Winer
Gary Woolen
Thomas Yocom
Chris Zabawa
EPA Region 7, Kansas City, KS
EPA Wetlands Division
EPA Region 2, New York, NY
EPA Region 8, Denver, CO
U.S. Fish and Wildlife Service
EPA Office of Science and Technology
U.S. Bureau of Reclamation
NOAA, National Marine Fisheries Service
EPA Region 10, Seattle, WA
EPA Region 1, Boston, MA
EPA Region 1, Boston, MA
EPA Wetlands Division
EPA Office of General Counsel
USDA, Natural Resources Conserv. Service
EPA Region 9, San Francisco, CA
EPA Assess, and Watershed Protection Div.
PRIMARY FEDERAL AGENCY CONTACTS
EPA Office of Wastewater Management
1200 Pennsylvania Avenue N.W. (4204), Washington, DC 20460
(292) 564-0748.
EPA Wetlands Division
1200 Pennsylvania Avenue N.W. (4502F), Washington, DC 20460,
(202) 260-1799
EPA Wetlands Information Helpline
(800) 832-7828, email: wetlands-hotline@epa.gov
National Marine Fisheries Service
Office of Habitat Conservation, 1315 East-West Highway, Silver Spring, MD 20910
(301) 713-2325.
Natural Resources Conservation Service
Watersheds and Wetlands Division, 14th and Independence Ave. S.W,
P.O. Box 2890, Washington, DC 20013
(202) 720-3534.
U.S. Army Corps of Engineers
CECW-OR, 20 Massachusetts Ave. N.W.Washington, D.C. 20314-1000
(202) 761-0199.
U.S. Bureau of Reclamation: Land Suitability and Water Quality
P.O. Box 25007, Denver, CO 80225-0007
(303) 445-2458
U.S. Fish and Wildlife Service
Division of Environmental Contaminants, 4401 North Fairfax Drive
(ARLSQ 320),Arlington,VA 22203
(703) 358-2148.
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