Cal. Code Regs. tit. 23 § 3911
Constructed wetlands approved under the policy would be waste treatment systems in accordance with 40 CFR Part 122.2, and, as such, would not be waters of the United States. Policy provisions require that the wetland be an "artificial" or constructed system built on an upland site with the primary purpose of treatment. Adequate land and management resources must be committed to the project, wildlife monitoring and vector control programs are required, and the treatment wetlands may not be used to satisfy requirements for wetlands loss mitigation. In addition, a required management plan would include descriptive information, an operations and maintenance plan, and a monitoring plan. The management plan would be the chief means by which the Regional Board would review and/or approve a proposal under the policy. Upon project approval, the management plan would serve as the operations manual for the constructed treatment wetland.
Cal. Code Regs. Tit. 23, § 3911