Waters of the United States and Other Wetlands Environmental Science 4.7

Clean Water Act In 1972 Congress passed the Clean Water Act, which created several programs to control water pollution EPA is responsible for enforcing programs §404 of CWA requires anyone planning to place dredged or fill materials in the “waters of the United States” to obtain a permit from the U.S. Army Corps of Engineers (COE)

Waters of the U.S. – navigable waterways, streams, and lakes that flow into navigable waterways, and wetlands that lie beside these bodies of water Wetlands – areas that normally have plants adapted for life in soil that is saturated or inundated w/ water for part of the growing season Hydric soils – wetland soils that can be identified by their color and texture

Value of Wetlands Wetlands are protected under CWA b/c they affect water quality and aquatic ecosystems: Slow flow of runoff , helping prevent erosion Store floodwater and reduce flooding downstream Protect shoreline from erosion during storms Improve water quality by filtering and purifying water draining into lakes, rivers, or streams

Wetlands provide: Nurseries Habitat Timber Recreation

Riverside Bayview Homes, Inc. Riverside Bayview Homes owned 80 acres of low-lying, marshy land near Lake St. Clair in Michigan In 1976 they began placing fill material on their property but didn’t obtain a CWA permit Court concluded that it was the intent of Congress to include wetlands next to navigable waterways as “waters of the U.S.”

Moving a Marsh Permit process is designed to make sure that each project is carefully evaluated COE tries to find alternatives to development of wetlands Landowners may be required to mitigate or compensate for the loss of wetlands by creating or restoring wetlands in another location

Put it Back the Way it Was In cases where owners or developers have placed fill in wetlands w/o obtaining a permit, they may be ordered to restore the site to its original condition Removal of the fill, restoring normal flow of water, and replanting of wetland plants

John Pozsgai bought property w/ wetlands at a reduced price and began filling w/o a permit Ignored warnings by EPA Defied temp. restraining order Homes flooded Convicted of 40 counts of knowingly filling wetlands, fined, sentenced to 3 years in jail, and ordered to restore the site

Paul Tudor Jones pleaded guilty and was fined over $2 million when he was charged w/ negligent violation of the CWA Had hired William Ellen as project manager to convert his 3,000-acre estate into a private retreat for duck hunting Did not obtain proper permits Project mgr was sentenced to 6 months jail