1. Waters of the United States and Other Wetlands
Environmental Science 4.7

2. 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)

3. 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

4. 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

5. Wetlands provide:
Nurseries
Habitat
Timber
Recreation

6. 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.”

7. 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

8. 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

9. 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

10. 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