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ASWM NEWS

Understanding Federal, State and Local Dredge & Fill Permitting Programs by Leah Stetson, ASWM

ASWM has received numerous requests for information pertaining to wetland permits from citizens. How do I find out if the wetland being filled in my area is legal? Who do I contact in my town/state/district? How do I obtain a permit? How do I contest one? What happens to violators? Where may I learn more about wetland permits?

Several state, county and regional wetland programs have innovated new, creative ways to educate citizens—both violators and non-violators alike—about wetlands’ critical ecological and economic value to people and communities. [Read full article...]

NEWS

Excavator Agrees to Settle Wetlands Case That Went to Supreme Court Over Permit

May 2008 -- A Wisconsin developer has settled a federal lawsuit over the excavation and dredging of a wetland in a case that ultimately reached the U.S. Supreme Court, agreeing that the site is subject to Clean Water Act permitting requirements (United States v. Gerke Excavating Inc., W.D. Wis., No. 03-C-0074-C, 5/15/08). Under the settlement, announced by the Justice Department May 30, Gerke Excavating Inc. also agreed to pay a $42,500 civil fine (73 Fed. Reg. 31,146). The agreement was outlined in a proposed consent decree filed May 15 in the U.S. District Court for the Western District of Wisconsin. The U.S. Army Corps of Engineers originally sued Gerke Excavating and other parties in federal court in Wisconsin in 2003 for failing to obtain a Clean Water Act Section 404 permit before excavating and dredging a 5.8-acre tract containing wetlands. The district court found the defendants liable for unpermitted dredging and filling of wetlands (United States v. Thorson, 219 F.R.D. 623, 58 ERC 1700 (W.D. Wis. 2003); 71 DEN A-6, 4/14/04 For Notice of Settlement, visit: http://regulations.justia.com/view/112050/

Feds Fine Homebuilders for Water Pollution

By DINA CAPPIELLO – Washington Post – June 11, 2008 Four of the nation's largest homebuilders have agreed to pay $4.3 million in fines for failing to control runoff at construction sites in 34 states and the District of Columbia, the Environmental Protection Agency and Justice Department announced Wednesday. The four companies _ Centex Corp. of Dallas, KB Home of Los Angeles, Pulte Homes Inc. of Bloomfield Hills, Mich., and M.D.C. Holdings Inc. of Denver _ also agreed to take steps above what is required by law to keep 1.2 billion pounds of sediment out of the nation's waterways. "Dirt can pollute. The bottom line is this: Whatever ends up on the ground at a construction site can be swept into the nearest waterway," said EPA Assistant Administrator Granta Nakayama. For full article, go to: http://www.washingtonpost.com/wp-dyn/content/article/2008/06/11/AR2008061101675.html

ME: Owners of Maine Vacation Parcel Face EPA Fine for Filling a Wetland

Contact: Paula Ballentine – EPA News Release – June 17, 2008 Robert and Gayle Greenhill, owners of more than 3,200 acres of land on the western shore of Moosehead Lake, face a possible EPA fine of up to $157,500 for filling 1.5 acres of freshwater wetlands on their property. The filling of wetlands, occurred during the expansion of an existing private airstrip and the development of a rock quarry, is a violation of the federal Clean Water Act and other federal requirements designed to protect wetlands. This is the second violation of wetlands protections in the federal Clean Water Act by the Greenhills. In 1997, the Greenhills constructed a trout pond on the property, altering approximately 0.4 of an acre without first seeking a permit from the Army Corps of Engineers, as required by the federal Clean Water Act. The Greenhills also did not apply for the necessary permit for the current violation.  For full news release, go to: http://yosemite.epa.gov/opa/admpress.nsf/0/3b0bd059c9d551e38525746b0054cc8f?OpenDocument

ADDITIONAL RESOURCES

Army Corps of Engineers, New England district: http://www.nae.usace.army.mil/

All Army Corps of Engineers districts: http://www.usace.army.mil/cw/cecwo/reg/district.htm

American Rivers has just written a new draft citizens' guide to understanding the Army Corps of Engineers' permitting process under Clean Water Act. Here is a link to the draft guide. The final version may be available on their website by August 2007. http://www.aswm.org/swp/design_wetlands/3_regulatory_corps_guide_draft.pdf

A Local Ordinance to Protect Wetland Functions Wetlands and Watersheds Article #4 (in a Six-part Series) Center for Watershed Protection ~ Prepared for the Office of Wetlands, Oceans and Watersheds, EPA – December 2007 Authors: Beth Strommen, Karen Cappiella, David Hirschman, and Julie Tasillo. This article introduces a new type of model ordinance for local protection of wetlands. Existing federal and state wetland permitting programs address some direct impacts to wetlands, such as filling, but are not designed to regulate inputs of stormwater or other pollutants. Local development regulations can fill this gap in wetland protection since local governments typically have control over local land use regulations and decisions. For a link to this document, visit the Center for Watershed Protection website at: http://www.cwp.org/ or go directly to: http://www.cwp.org/wetlands/articles/WetlandsArticle4.pdf

Clean Water Act Owner’s Manual, 2nd Edition, available at River Network’s online Marketplace.

MEETINGS & TRAINING

Understanding the Clean Water Act: An Online Course

River Network is proud to announce the resurrection of the online course, Understanding the Clean Water Act. Users can now explore the course at: www.cleanwateract.org. The course is a companion to the book, The Clean Water Act Owner's Manual. Course content will help users isolate specific water quality problems, identify possible solutions, develop and leverage existing programs and build effective outreach tools. The course is appropriate for staff, interns, volunteers and board members interested in learning more about the force of the Clean Water Act and related tools. Even Clean Water Act old-timers will likely find something to ponder in the local stories, digging deeper and resources sections.  If you train staff or volunteers on the Act, you’ll also find some special training tools to help you get your points across. For questions or to share your thoughts on this course, contact Merritt Frey at mfrey@rivernetwork.org.

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