Regulations and Liabilities of Constructed Wetlands for Aquacultural Wastewater Treatment

Treatment and reuse of wastewater is a key constraint to increased aquaculture development worldwide. Constructed treatment wetlands have significant advantages over conventional and other natural systems technologies. The two main types of systems are free water surface and subsurface flow constructed wetlands. There is regulatory oversight at the federal, state, and county levels, with requirements of the Clean Water Act providing the most guidance. Legal liabilities are dominated by the risks associated with bioaccumulation of toxic materials in the wetlands and the effects they may have on migratory birds and endangered species. Technical aspects of water quality discharge are explained and related to regulatory enforcement. The status of existing regulations that affect wetland use are reviewed—the Clean Water Act, National Environmental Policy Act, Migratory Bird Treaty Act, Endangered Species Act, Coastal Zone Act, and the Concentrated Aquatic Animal Production regulation. The Hawaii Revised Statutes and Hawaii Administrative Rules are also reviewed for their regulation of wetlands. Major findings of six court cases with application to wetlands are presented. Three case studies, the Kesterson Marsh, the Arcata Marsh and Wildlife Sanctuary, and a New Mexico State University study on recirculating wastewater aquaculture are provided, which demonstrate successes and failures that provide lessons to help conform to the regulations in place for water discharge.