GUIDING PRINCIPLES

FOR CONSTRUCTEDTREATMENT WETLANDS:

Providing for Water Quality and Wildlife Habitat

October 2000

United StatesEnvironmentalProtection Agency

Office of Wetlands, Oceans and WatershedsWashington, DC(4502F)

EPA 843-B-00-003October 2000
Guiding Principles for Constructed Treatment Wetlands

* This is a guidance document only - it does not establi

Guiding Pri

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Environmental Protection Agency, U.S.Arm

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Environmental Protection AgencyNatural Resources Conservation ServiceU.S. Fish and Wildlife ServiceNational Marine Fisheries ServiceU.S. Bureau of ReclamationU.S.Army Corps of Engineers
Guiding Principles for Constructed Treatment Wetlands

I. INTRODUCTION

A. What are Constructed Treatment WeB. What are the Guiding Principles?

II. GUIDELINES FOR SITING CONST

A. Waters of the U.S. and FloodplainsB. Opportunities for Restoration of DeC. Watershed ConsiderationsD. Water-Depleted and Effluent-DependE. Other Site Selection Factors

III. GUIDELINES FOR DESIGN OF CO

A. Minimal ImpactB. Natural StructureC. Buffer ZonesD Vector ControlE. Hazing and Exclusion DevicesF. Dedicated Water SourceG. Biological Diversity and Physical HeteH. Seasonality and Capacity ExceedenceI. ForebaysJ. Multiple CellsK. Maintenance AccessL. Public AcceptanceM. Public UseN. Pilot Project and Design Criteria

IV. CONSTRUCTION GUIDELINES F

CONSTRUCTED WETLANDS

A. Construction Practices/SpecificationsB. Soils C. Vegetation Selection

V. GUIDELINES FOR OPERATION A

CONSTRUCTED WETLANDS

A. Management PlanB. Regular Inspections and Maintenance C. Operator TrainingD. Contingency Plan

Guiding Principles for Constructed Treatment Wetlands

ACKNOWLEDGEMENTSThis document is the result of the collective efforts of many individuals. All members of the Interagency Workgroup onConstructed Wetlands, listed in AppendixV, worked extremely hard reviewing multiple drafts to make these Guiding Principlesa reality. The Environmental ProtectionAgency's Wetlands Division extends itsheartfelt gratitude to all Workgroup members for their contributions. The WetlandsDivision would like to make special recognition of Bob Bastian and Fran Eargle, wholed the efforts of the Workgroup from itsinception, and of Matt Little, who workedtirelessly to develop the document andincorporate the comments of the members. It is the hope of the Workgroup thatthis guidance will help improve the planning, siting, design, construction, operation/maintenance, and monitoring of constructed treatment wetlands that aim to providewater quality and wildlife habitat.

Considerable insight into the design,

construction, and operation issues facingtreatment wetlands that support valuablewildlife habitat was gained by many members of the Workgroup during a WetlandsRoundtable meeting and field trip toPhoenix and ShowLow,AZ, in November1997. The Workgroup greatly appreciatedthe input and assistance provided by PaulKinshella and Roland Wass from the City

of Phoenix and others associated with theTres Rios Project, as well as the insightsprovided by many others, especially BobKnight, Bob Kadlec, Sherwood Reed, BobGearheart, Brad Finney, Jim Kreissl, andMel Wilhelm, all of whom shared manyexamples of interesting situations fromtheir extensive personal experiencesworking with constructed wetlands projects in various parts of the country.

DISCLAIMERThis document provides guidance toEnvironmental Protection Agency (EPA) Regions,States,Tribes, Local Governments, and otherorganizations and individuals involved in theplanning, siting, design, construction, operation/maintenance, monitoring, and legal oversight ofconstructed treatment wetlands. It also provides guidance to the public and the regulatedcommunity on how EPA intends to exercise itsdiscretion in implementing the Clean Water Actas it relates to constructed treatment wetlands.The guidance is designed to implement nationalpolicy on these issues. The document does not,however, substitute for the Clean Water Act orEPA's regulations; nor is it a regulation itself.Thus it cannot impose legally binding requirements on EPA, States, or the regulated community, and may not apply to a particular situationbased upon the circumstances. EPA and Statedecision-makers retain the discretion to adoptapproaches on a case-by-case basis that differfrom this guidance where appropriate. EPA maychange this guidance in the future.

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.
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

A. Purpose and Background

Purpose: To promote the development of environmentally-beneficial constructed wetlands 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 agricultural 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 communities 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, maintenance, monitoring, and management, these manmade systems can often emulate

natural wetlands by providing integrated ecological functions within the watershed 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 guidance was funded by Environmental Protection Agency (EPA) Environmental

Technology Initiative (ETI) Program. A Workgroup1 was formed to identify general policy and permitting issues for a constructed treatment wetlands project, the

Tres Rios Constructed Wetlands in Phoenix,Arizona. The Tres 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 September1997, EPA convened a Federal Interagency Workgroup consisting 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.

Introduction I

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

VIII. QUESTIONS AND ANSWERS

APPENDIX I DEFINITIONS

APPENDIX II FEDERAL STATUTES AND REGULATIONS

APPENDIX III FEDERAL FUNDING SOURCES

APPENDIX IV REFERENCES

APPENDIX V CONSTRUCTED TREATMENT WORKGROUP

APPENDIX VI PRIMARY FEDERAL AGENCY CONTACTS

1

The ETI Project Workgroup that participated in this effort included active participation by representatives from the City of Phoenix and their contractor, CH2M-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.
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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while also providing a final polishing function water source. This guidance primarily addreC. What Are the Guiding Principles?The Guiding Principles are intended to:• provide a framework for promoting sustain

constructed treatment wetland projects.

• be usable nationally under a variety of sett• educate and inform public and private deci

Local regulatory and resource agency perso

• provide guidance for environmental perform

are intended to provide water reuse, wildlito other possible objectives.

• highlight opportunities to restore and crea• be applied, when appropriate, to any effluen

system as long as the source is adequately tprotects the existing beneficial uses, and do

• create opportunities for beneficial uses of • minimize risks from contamination, toxicity• be applied in a watershed context.• be flexible enough to accommodate region

morphology, wildlife habitat needs, etc.

• complement Federal, Regional, State,Tribal, 

tions and policies.

Bureau of Reclamation to evaluate the technical and policy issues identified bythe ETI project team (see their final report entitled Wetlands for Water QualityManagement and Habitat Enhancement: Policy and Permitting Issues, January 1997) inorder to provide a starting point for a national policy dialogue and for analysis ofthe issues associated with these wastewater treatment systems and the wildlifehabitat they may be able to provide. Common factors in successful constructedtreatment wetland projects and lessons learned from less successful projectsprovided, in part, the basis for development of the technical and policy recommendations in these guidelines.

The process of writing and reviewing the guiding principles was highly educational, collaborative, and iterative. The Workgroup decided to focus upon and

encourage those projects that not only provide water treatment, but alsostrive to provide water reuse, wildlife habitat, and public use benefits.While this document focuses on municipal wastewater treatment wetlands, manyof the principles can be used to help guide other treatment wetland projects,such as those treating acid mine drainage, agricultural and urban storm waterrunoff, livestock and poultry operations, and industrial wastewater. Informationfrom specific case study projects, and scientific literature was used to developthese principles, along with technical information provided by constructed wetlands experts and dialogue during the Workgroup meetings. We hope this document will facilitate the establishment of future projects, while improving compliance with the Clean Water Act (CWA).B. What are Constructed Treatment Wetlands?For the purposes of these Guiding Principles, constructed treatment wetlands aredefined as engineered or constructed wetlands that utilize natural processes involving wetland vegetation, soils, and their associated microbial assemblages to assist, atleast partially, in treating an effluent or other water source. 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 (seeII.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 ofthe spectrum are those systems that are intended only to provide treatment foran effluent or other water source, in order to meet the requirements of theCWA, and that provide little to no wildlife habitat. At the other end are thosesystems that are intended to provide water reuse, wildlife habitat, and public use,
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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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 communitybased 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 climatic 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 irrigation 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 vector-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 environmental impact review procedures or other requirements in selecting the final

project location and characteristics.

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 somewhat more predictable than natural wetlands in terms of pollutant removal efficiency 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 consideration of such factors as flood control, hydraulic routing, flood damage potential,

and wetland hydrology. (For more information on waters of the U.S., see VII.A

"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 constructed 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 natural functions and values, and (3) it would help restore the aquatic system to its

historic, natural condition. Prime candidates for restoration may include wetlands 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

II Guidelines for Siting Constructed Treatment Wetlands
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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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 decided 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 supplies 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 habitat 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, creating 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 seasonal hydroperiods, depth-flow changes, vegetative succession, and accumulation

of sediments.

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-engineering practices that incorporate the existing natural landscape and native vegetation in constructed treatment wetlands is encouraged. Use landform and gravity 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 minimizing the potential formation of stagnant water, facilitating vegetation management, and by using natural biological control mechanisms, such as mosquito fish,

stickleback, etc. (where native), bats, and purple martins. Local mosquito abatement 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.

III Guidelines for Design of Constructed Treatment Wetlands
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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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 planning your project with community involvement early in the process, you will help

ensure public support and approval for your goals and objectives while developing 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 community 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.

N. 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 available 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; technical 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.

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 dispose of accumulated sediments that is consistent with sediment disposal requirements and monitoring criteria and standards. Note that special disposal requirements 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 purposes, 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 provide 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 wetland so that it performs as designed.
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Guiding Principles for Constructed Treatment Wetlands

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C. Vegetation Selection

Vegetation selection needs to accommodate the hydraulic operations of the wetland 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.

A. Construction Practices/Specifications/Drawings

Good construction practices should be followed during construction of your

treatment wetland. Examples include properly evaluating the site, limiting damage to the local landscape by minimizing excavation and surface runoff during

construction, and maximizing flexibility of the system to adapt to extreme conditions. 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 minimize 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 operators who are knowledgeable about wetlands creation and the goals of the project. 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 contamination of groundwater and could prevent the development of hydrological conditions suitable to support wetland vegetation. You may need to use an impermeable 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 treatment 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).

IV Construction Guidelines for

Constructed Treatment Wetlands
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Guiding Principles for Constructed Treatment Wetlands

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D. Contingency PlanProject designers and operators should jointaddress problems that could develop during may be due to: unrealistic or unattainable gotional errors; or unpredictable events. The frevising project goals or regulatory criteria (second by reducing system capacity, increasinpractices, and the third by anticipation throuplans should include measures for determinitions, addressing any toxicity observed in the treatment plant failure or bypass. Auxiliary sdealing with many of these situations.

Guidelines for Operation and Maintenanceof Constructed Treatment Wetlands

A. Management PlanDesigners or managers who decide to create a treatment wetland must factor inlong-term maintenance costs and needs to provide for the proper functioning ofthe wetland over time. Factor in these maintenance needs by creating a longterm operations, maintenance, monitoring, and funding plan that identifies theparty or parties responsible for maintenance and monitoring of your project,their responsibilities, and the funding mechanisms. Some funding sources are listed in Appendix III, "Federal Funding Sources." The management plan needs toensure maintenance of the functions the project is designed to provide. Wherevector control is likely to be a concern, provisions to control vegetation will bean important component of the management plan. In some cases, you may needto secure performance bonds prior to facility approval.B. Regular Inspections and Maintenance ActivitiesYou will need to make regular inspections of your constructed treatment wetland. The definition of "regular" is case-specific and will depend on the designand operation of your treatment wetland. These considerations should bedescribed in your maintenance plan. Examples of maintenance activities that youshould conduct during these inspections include checking weir settings and theinlet and outlet structures, cleaning off surfaces where solids and floatable substances have accumulated to the extent that they may block flows, removing nuisance species and maintaining the appearance and general status of the vegetation and wildlife populations, and removing sediment accumulations in forebays.Save time and energy by conducting your routine monitoring activities, such assample collections and wildlife counts, at the same time as your inspections.C. Operator TrainingTrain and/or certify your operators in the operation and maintenance of constructed treatment wetlands. Where available, this may be done in cooperationwith your State regulatory agencies, the facility engineer, and public or privatetraining centers, as directed by the certifying entity. Seek assistance from regulators and local experts and attend constructed treatment wetland seminars andconferences for additional technical assistance.

V
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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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 diseases, vector problems, invasion of non-native plants and animals, debris accumulation, 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.

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 evaluate 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 monitoring by means of tracer studies), plant, benthic macroinvertebrate, fish tissue analyses, 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 discussions 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.

VI Guidelines for Monitoring

Constructed Treatment Wetlands
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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B. Clean Water Act Section 303 Water Under the CWA, States and Tribes (and in a quality standards for all waters of the U.S. Wnated uses for water bodies, criteria to proteantidegradation policy (Section 303). Permits including jurisdictional wetlands, must ensure tribute to a violation of water quality criteria receiving water or downstream waters. If thspecific to a wetland, the water quality standamay be applied to the wetland, depending on Appendix II, "Section 303 of the Clean Water C. Clean Water Act Section 401 CertifProjects involving a federally-licensed activity waters of the U.S. (such as a CWA Section 4Section 404 permit from the U.S.Army Corpunder Section 401 of the CWA. Your permithat the proposed activity will not violate waor Tribal requirements. This certification murized Tribe in whose geographic jurisdiction some circumstances from EPA. Note that thtions on its certification that are intended to Tribes may waive certification.D. Clean Water Act Section 402The CWA Section 402 program, also known Elimination System (NPDES) program, regula(other than dredged or fill material, which is of the Clean Water Act) from point sources states are authorized by EPA to administer tin their state boundaries. The construction aland may involve these discharges to waters an NPDES permit.

If construction of the treatment wetland 

expected to apply in 2002), an NPDES permrequired. In most areas of the country, EPA 

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. VII
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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F. Preapplication Treatment (see definIf your constructed treatment wetland is conconstructed in a water of the U.S.), you muswater (storm water runoff, agricultural and lentering the constructed treatment wetland water quality standards (and to prevent degrintegrity) and technology-based requirementgenerally must be treated to at least secondthe U.S. (CWA Section 301). Other examplement practices for storm water and confined G. Other Federal Legal and Programm

descriptions, see Appendix II: Feder

• Clean Water Act Section 319 (Nonpoint So• Estuary management plans under Clean Wa• Coastal Zone Management Act, including R• Endangered Species Act• Fish and Wildlife Coordination Act• Magnuson-Stevens Fishery Conservation an• Migratory Bird Treaty Act• National Environmental Policy Act• National Wild and Scenic Rivers Act• National Historic Preservation Act

ties have issued storm water general permits for discharges from constructionactivities. These storm water general permits typically require operators of theconstruction project to submit a notice of intent (NOI) form, and prepare a sitespecific storm water pollution prevention plan, prior to disturbing any land at thesite. For more information, please contact your NPDES permitting authority. Acurrent list of State/Federal Storm Water Contacts is available at:http://www.epa.gov/owm/swlib.htm. For more information, see VIII., Questionand Answer #1, and Appendix II, "Section 402 of the Clean Water Act." E. Clean Water Act Section 404If 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 underCWA Section 404. For example, if you wish to use a degraded jurisdictionalwetland for wastewater treatment and plan to construct water control structures, such as berms or levees, this construction will typically involve dischargesof dredged or fill material into that wetland. (Note:The use of existing wetlandsfor purposes of wastewater treatment is generally discouraged.) Subsequentmaintenance may also require a permit, although Section 404(f) may exemptsome routine maintenance from 404 permitting requirements. You should contact the U.S.Army Corps of Engineers (or the appropriate state agency) todetermine the regulatory requirements associated with the proposed dischargeof dredged or fill material. For more information, see Appendix II, "Section 404of the Clean Water Act." 

Compensatory Mitigation: In general, wetlands constructed or restored

for the primary purpose of treating wastewater will not be recognized as compensatory mitigation to offset wetland losses authorized under federal regulatoryprograms. In some cases, however, components of constructed wetland treatment systems that provide wetland functions and values beyond what is neededfor treatment purposes may be used for compensatory mitigation. For example,project sponsors may be eligible to receive mitigation "credit" for using treatedeffluent as part of a constructed treatment wetland system that restores or creates additional wetland acreage beyond the acreage needed for treatment purposes. 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 consultation with other Federal and State resource agencies. Such decisions need tobe made on a case-by-case basis, considering, among other factors, the appropriateness of the constructed treatment wetland to fully offset the anticipatedimpacts from the loss of natural wetlands.
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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Option 3If the post secondary effluent willnot meet the water quality standards for waters of the U.S. at ornear the point of discharge, youmay be able to discharge the postsecondary effluent to still anotherconstructed treatment wetland thatis not a water of the U.S. for further treatment. The discharge fromthis treatment wetland could thenbe treated in a manner similar tothe effluent in Options 1 or 2.

Be sure to coordinate with the

appropriate NPDES permittingauthorities prior to constructingthe wetland. Also check with your state, becspecific water quality standards for wetlandsed treatment wetland project. Other water based effluent limitations may also apply, depmore information on standards, see VII: "Fedeand Appendix II, "Section 303 of the Clean W

If construction activities are proposed in 

U.S., then the U.S.Army Corps of Engineers also be consulted for CWA Section 404 perSection 404").

Portions of your project may be eligible 

case-specific circumstances. Also, see the disin VII.E, "Clean Water Act Section 404."Question 2:I live in an arid area and am hoping to use secohighly degraded natural wetland, while providing effluent to meet requirements for downstream rallocations and a drop in the water table, this siaddition of effluent as a water source will help rhydrology and bring back the wetland dependenmits and can I get mitigation credits for my rest

Question 1:I am planning to build 50 acres of constructed treatment wetlands for post-secondarywastewater treatment of my small community's municipal wastewater effluent. I anticipate 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 getmitigation 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 Section402 (NPDES) permit at the discharge point (please see the discussion on watersof the U.S. under VII.A and Appendix I). The permit's requirements will be basedon the applicable water quality standards for the receiving waterbody. Threeoptions for this are outlined below:Option 1If the post-secondary effluentmeets the applicable water quality standards requirements, youmay receive a CWA Section 402(NPDES) permit (with appropriate limits) to discharge directlyinto the waters of the U.S.Option 2If the post-secondary effluentalmost meets the applicablewater quality standards forwaters of the U.S., and can meetthose standards within a shortdistance of the discharge, youmay be able to use a mixingzone and receive a CWA Section402 (NPDES) permit (withappropriate limits) to dischargedirectly into the waters of theU.S. Check with your state tosee if mixing zones are allowed.

some qualitstandmet h

NPDlimits 

PostSecoEfflu

Receiving

Waterbody

some water qualitystandards met here

NPDES permit limitsapply here

PostSecondaryEffluent

all waterqualitystandardsmet here

mixing

zone

Option 2

VIII Questions and Answers

water quality

standards met here

NPDES permitlimits apply here

PostSecondaryEffluent

Receiving

Waterbody

Option 1
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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such areas will not require authorization if thwaters of the U.S. Discharge from the mainexempt from permit requirements under Secmore information).Question 5:Will I need a groundwater permit for my constr

In general, groundwater protection perm

agencies.You should coordinate with the appbefore you construct the treatment wetlandtreatment wetland interacts with groundwatthe wetland is lined with an impermeable linpermit may not be necessary. A Clean Waterequired for discharges to groundwater whehydrologic connection to surface waters of tQuestion 6:I am considering using constructed treatment wwater flows. What general issues must I conside

First of all, the treatment wetland should 

the U.S. unless you can sufficiently pretreat tvalues and functions of the waters of the U.Sdictable effluent source and can contain high and pathogens, we strongly encourage that yin uplands and use best management practiceProtecting Natural Wetlands:A Guide to StormwEPA/843-B-96-001). Depending on the size otors, you may need to get a CWA Section 40tact all the appropriate wastewater authoritining stages of this type of project.Question 7:Can I use constructed treatment wetlands to trewaters?

Yes, as long as you (1) generally avoid us

waters of the U.S., (2) adequately pretreat thtect the treatment wetlands and other nearb(3) contact the appropriate authorities, and (We also encourage you to follow the princip

Depending on the specific circumstances of your proposal, you may need

federal authorization of your project. For example, if the particular degradedwetlands are considered waters of the U.S., discharges to create the waste treatment 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 ofappropriately treated effluent for restoration efforts only when it benefits theenvironment (See II.B "Opportunities for Restoration of Degraded or FormerWetlands.") Under some circumstances, portions of the restored wetland maybe used as compensatory mitigation (see discussion of compensatory mitigationin VII.E "Clean Water Act Section 404").Question 3:Does my constructed treatment wetland become a water of the U.S. after it is nolonger 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 theU.S., it may become (or revert back to, as the case may be) a water of the U.S. ifit has wetland characteristics (hydrology, soils, and vegetation) and the followingconditions apply: (1) it is an interstate wetland, (2) it is adjacent to another waterof the U.S. (other than a water which is itself a wetland), or (3) it meets theinterstate commerce requirements for an isolated intrastate water of the U.S.(for example, it is used by interstate or foreign travelers for recreation or otherpurposes). These decisions are made on a case-by-case basis. (See VII.A "CleanWater Act and 'Waters of the U.S.'")Question 4:If I need to perform general maintenance in the constructed treatment wetland, will Ineed 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 theU.S. or placement of fill material into waters of the U.S., a CWA Section 404permit is needed unless the 404(f) exemption applies (see VII.E "Clean Water ActSection 404"). Activities such as building levees or sidecasting rock, sand, or soilinto the wetland are likely to require such permits. We generally encourage constructing forebays in uplands to collect effluent and storm water prior to discharge to wetlands. You must obtain a permit to construct forebays in an existing wetland. Forebays should be designed to promote sedimentation anddecrease the disruptive forces of the wastewater entering the system and thereby reducing impacts to water quality. Maintenance activities that are confined to
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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EFFLUENTWastewater, normally treated.FILL MATERIALAny material that has the effect of replacing changing the bottom elevation of a waterbodFLOODPLAINThe area that would be inundated by the floring in any given year, also referred to as the Insurance Program definition).FLOODWAYThat area of the watercourse plus adjacent freserved in order to allow the discharge of twithout increasing flood heights more than a Insurance Program definition).FOREBAYAn area within a management pond, wetland, ments and other debris as the material enters provide for equipment access to facilitate periINVASIVE SPECIESSpecies that spread rapidly, are frequently noout-compete more desirable native forms anJURISDICTIONAL WATERS, or JURISDICTSee "Waters of the U.S."MITIGATIONSee "Compensatory Mitigation."MIXING ZONEAn area where an effluent discharge undergocover the secondary mixing in the ambient wcated impact zone where water quality criteacutely toxic conditions are prevented. Comdards typically is measured at the edge of thStandards Handbook - Second Edition, EPA-823

DEFINITIONSCOMPENSATORY MITIGATIONFor the purposes of CWA Section 404, compensatory mitigation is the restoration, creation, enhancement, or in exceptional circumstances, preservation ofwetlands and/or other aquatic resources for the purpose of compensating forunavoidable adverse impacts of a dredge or fill project which remain after allappropriate and practicable avoidance and minimization has been achieved.CONSTRUCTED TREATMENT WETLANDEngineered and constructed wetlands that utilize natural processes involving wetland vegetation, soils, and their associated microbial assemblages to assist, at leastpartially, in treating an effluent or other source water. In general, these systemsshould 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 WETLANDSWetland systems that have lost some or all of their characteristic functions andvalues due to hydrologic alterations, discharges of fill material and/or otherimpacts such as pollutants, nuisance and invasive species, and discharge of pointand nonpoint sources.DESIGNATED USESClassifications for waters of a State or Tribe by the State or Tribe that are to beachieved and protected. These uses must take into consideration the existinguse and potential value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural,industrial, and other purposes including navigation. Note that in no case shall aState adopt waste transport or waste assimilation as a designated use for anywaters of the U.S. (40 CFR 131.10(a))DISCHARGE OF POLLUTANTSThe addition of pollutants, including dredge and fill material, from a point sourceto waters of the U.S.DREDGED MATERIALMaterial that is excavated or dredged from waters of the U.S.

Appendix I
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Guiding Principles for Constructed Treatment Wetlands

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SOURCE WATERS or WATER SOURCES

See "Other Source Waters."

STORMWATER

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 stormwater runoff, which is often collected by storm drains and transported to receiving 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 oxygendemanding 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 susceptible 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 abandoned 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)(1-7),122.2 and COE Regulations at 33 CFR § 328.3(a)(1-7))

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)

MONOTYPIC

Having a nearly total dominance of one species of plant, such as Phragmites australis, 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 livestock 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 § 122.2)

PREAPPLICATION TREATMENT

The treatment of wastewaters prior to their introduction to constructed treatment 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 disturbance" and "the reestablishment of predisturbance aquatic functions and related physical, chemical and biological characteristics" (National Research Council,

1992).
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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FEDERAL STATUTES AND REGULATMAJOR FEDERAL PROGRAMS AND REGAPPLY TO CONSTRUCTED TREATMENT The U.S. Congress enacted the Clean Water Act 

CHEMICAL, PHYSICAL AND BIOLOGICAL INTESection 303 of the Clean Water Act.States and Tribes are to develop water qualitU.S., including wetlands, subject to EPA appromust consist of three major components:

1. Designated Uses - These are enviro

within a State or Tribe. Each body of water uses, such as "groundwater recharge" or "aqState or Tribe is to achieve, protect, and mai

2.Water Quality Criteria - States an

ria to support the designated uses of each wtions. The criteria are either narrative statemaffecting the waterbody's health. A number ical criteria, in addition to the more traditionhelp determine the health of wetlands.

3.Antidegradation Policy - All States 

language consistent with 40 CFR § 131.12 in 

must develop appropriate implementation prat a minimum, must maintain and protect exlevel of water quality necessary to protect tensure the protection of water quality for a water quality exceeds levels necessary to prand recreation on and in the water.Section 319(b) of the Clean Water Act(Nonpoint Source (NPS) Pollution PrograEPA has oversight for a national program to tion. This program requires that States devecontrol of nonpoint source pollution. EPA eapproach, which can include protection and/ian areas.

WETLANDThose areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstancesdo support, a prevalence of vegetation typically adapted for life in saturated soilconditions. Wetlands generally include swamps, marshes, bogs, and similar areas.(Definitions taken from EPA regulations at 40 CFR § 230.3(t) and COERegulations at 33 CFR § 328.3(b).)
Guiding Principles for Constructed Treatment Wetlands

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Guiding Principles for Constructed Treatment Wetlands

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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 applications are evaluated and review of proposed permits. States can assume a portion 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 significantly 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 practicable compensatory mitigation, such as wetlands restoration or enhancement, to

offset any remaining adverse effects.

Coastal 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 implement 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.

Section 401 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 program, 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 numerical and narrative limits on the amounts of specified pollutants that may be discharged. These "effluent limitations" implement both technology-based and

water quality-based requirements of the Act. Technology-based limitations represent the degree of control that can be achieved by point sources using various

levels of pollution control technology. In addition, if necessary to achieve compliance 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.
Guiding Principles for Constructed Treatment Wetlands

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Fish and Wildlife Coordination Act.This Act authorizes the U.S. Fish and Wildlife Service and the National MarineFisheries Service to cooperate with Federal, State, public, and private organizations in the protection of wildlife (including fish) and its habitat. It also requiresthat impacts to wildlife be given equal consideration in water-resource development programs. The U.S. Fish and Wildlife Service and the National MarineFisheries Service must be contacted regarding all new Federal water projects orfederally-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 todescribe "essential fish habitat" (EFH) for managed fish, including shellfish. The Actalso requires Federal agencies to consult with National Marine Fisheries Serviceon any federal action (including those federally-funded or authorized) that mayadversely affect EFH. National Marine Fisheries Service regulations emphasize theuse of existing coordination processes (e.g., National Environmental Policy Act,Fish and Wildlife Coordination Act) for accomplishing EFH consultation. NationalMarine Fisheries Service is required to provide EFH conservation recommendations to both Federal and State agencies whose actions would adversely affectEFH. Federal agencies are required to respond to these recommendations.Migratory Bird Treaty Act (as amended).This Act implements four international treaties that individually affect migratorybirds common to the United States, Canada, Mexico, Japan, and the former SovietUnion. The Act establishes Federal responsibility for protecting and managingmigratory and nongame birds, including the issuance of permits to band, possessor otherwise make use of migratory birds, and the establishment of seasonlength, bag limits, and other hunting regulations. Except as allowed by implementing regulations, the Act makes it unlawful to pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers orother parts, nests, eggs, or migratory bird products.National Environmental Policy Act (NEPA).NEPA requires Federal agencies to make informed, environmentally-responsibledecisions when considering Federal actions that may have a significant impact onthe environment, such as when issuing a Section 404 permit. Generally, agenciesmust evaluate potential environmental consequences of proposed actions usingEnvironmental Assessments (EAs) and/or Environmental Impact Statements (EISs).

National Wild and Scenic Rivers Act.This Act selects certain rivers of the nation able scenic, recreational, geologic, fish and wlar values; preserves them in a free-flowing ctheir immediate environment for the benefit future generations. It describes procedures lands in federally-administered components othe disposition of lands and minerals under Ffied as wild, scenic or recreational, and variowaters and land apply, respectively. To presetion, a designated river is protected from fedother federally-authorized structural changes values upon which its designation was basedNational Historic Preservation Act.This Act provides for the preservation of sigobjects and sites). It established a National agencies are directed to take into account thor sites listed or eligible for listing in this Na

Guiding Principles for Constructed Treatment Wetlands

33
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 organizations, etc. (Check with your state contact.)

Address: U.S. EPA, Office of Wetlands, Oceans, and Watersheds, 1200

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

Guiding Principles for Constructed Treatment Wetlands

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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-priority 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 disadvantaged 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 (319 Program)

Purpose: To help States,Territories, and Tribes develop and implement programs to prevent and control nonpoint source pollution, such as creating constructed treatment wetlands to clean-up urban runoff and agricultural wastes.

Projects: States,Territories, and Tribes receive grant money (and may then provide funding and assistance to local groups) to support a wide variety of activities, such as technical assistance, financial assistance, technical programs, education, training, technology transfer, demonstration projects (e.g., best management

practices), and monitoring specific to nonpoint source implementation.

Guiding Principles for Constructed Treatment Wetlands

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Appendix III
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). EcologicalConsiderations in Wetlands Treatment of Municipal Wastewaters. Amherst, MA, June25, 1982. Van Nostrand Reinhold, New York, NY.Hammer, D.A., ed. (1989). Constructed Wetlands for Wastewater Treatment:Municipal, Industrial and Agricultural. Lewis Publishers, Chelsea, MI.Hammer, D.A. (1992). Creating Freshwater Wetlands. Lewis Publishers, CRCPress, 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:TheStatus of the Science,Vol. I and II. EPA/600/3/89/038a&b. U.S. EPA, EnvironmentalResearch 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 andPractices. The Wildlife & Wetlands Trust, Gloucester GL27BT, UK.Mitsch,W.J. 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

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Appendix IV

National Research Council (1992). Restorat

Academy of Sciences,Water Science and TecPress,Washington, DC.Reed, S.C., R.W. Crites, and E.J. Middlebrooks Management and Treatment. McGraw-Hill, NeSchneller-McDonald, K., L.S. Ischinger, and G.and Restoration: Description and Summary of thU.S. Department of the Interior, U.S. Fish and Research Center, Fort Collins, CO.Schueler,T. (1992). Design of Stormwater WetDiverse and Effective Stormwater Wetland SysteDepartment of Environmental Programs, MeGovernments,Washington, DC.Strecker, E.W., Kersnar, J.M., and E.D. DriscolControlling Stormwater Pollution. The Terrene IU.S. Department of Agriculture, Soil ConservRestoration, Enhancement, or Creation." PaField Handbook.U.S. Environmental Protection Agency (1992)Standards and Protecting Effluent-Dependent EcFinal Guidance. San Francisco, CA.U.S. Environmental Protection Agency (1992)Measures for Sources of Nonpoint Pollution in COffice of Water,Washington, DC.U.S. Environmental Protection Agency (1993)Treatment and Wildlife Habitat -17 Case StudieWater,Washington, DC.U.S. Environmental Protection Agency (1994)Quality Treatment Database. Risk Reduction En

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Guiding Principles for Constructed Treatment Wetlands

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MEMBERS OF THE CONSTRUCTED 

Bob BastianJack ChowningGreg ColianniCheryl CrislerTom DavenportNaomi DetenbeckJoe DixonCindy DyballaFran EargleSue ElstonJohn EttingerRobert GooRoger HancockPeter HolmesPaul JonesJamal KadriBob KleppKim KramerJames KreisslJack LandyJeffery LappMatt LittleKristen MartinKathy MatthewsBrett MeloneDaniel Montella

EPA Office oU.S.Army CoEPA Oceans EPA Region 7EPA Region 5EPA ResearcU.S.Army CoU.S. Bureau oEPA WetlandEPA Region 5EPA WetlandEPA Assess. aEPA Region 6EPA Region 1EPA San FranEPA Office oEPA Office oEPA Office oEPA Office oEPA Region 9EPA Region 3EPA WetlandEPA Assess. aEPA Region 4EPA WetlandEPA Region 2

Name Office

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 Guideto Stormwater Best Management Practices. EPA843-B-96-001. Office of Water,Washington, DC.U.S. Environmental Protection Agency and U.S. Bureau of Reclamation (June1999). Free Water Surface Wetlands for Wastewater Treatment:A TechnologyAssessment. EPA832-R-99-002. Office of Water,Washington, DC.U.S. Environmental Protection Agency and U.S. Bureau of Reclamation (June1999). 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 WetlandsTreatment 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 WastewaterTreatment. S.C. Reed ed. Manual of Practice FD-16. Water Pollution ControlFederation,Alexandria,VA.Watershed Management Institute and U.S. Environmental Protection Agency(August 1997). Operation, Maintenance, and Management of StormwaterManagement Systems. Watershed Management Institute, Ingleside, MD.Wetlands for Water Quality Management and Habitat Enhancement, Policy andPermitting Issues - Final ETI Report (January 1997) prepared for the City ofPhoenix, U.S. EPA, and U.S. Bureau of Reclamation by the ETI Treatment WetlandPolicy & Permitting Team and CH2M-Hill.

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Guiding Principles for Constructed Treatment Wetlands

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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.

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 Wooten

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.
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