THE DEFENDANT FILLED APPROXIMATELY 5 ACRES OF WETLANDS IN MANCHESTER, CONNECTICUT SUBJECT TO THE PERMITTING JURISDICTION OF THE UNITED STATES ARMY CORPS OF ENGINEERS ( CORPS ). IT VIOLATED SECTION 301A OF THE CWA BY FAILING TO GET A PERMIT FROM THE CORPS AS REQUIRED BY SECTION 404 OF THE CWA. THE FILLING TOOK PLACE FROM THE FALL OF 1987 THROUGH JUNE, 1988, IN ORDER TO CONSTRUCT AN ADVANCED WASTEWATER TREATMENT FACILITY. THE PARTIES HAVE REACHED AN AGREEMENT IN PRINCIPLE AND ARE CURRENTLY NEGOTIATING THE TERMS OF A CONSENT DECREE. THE AGREEMENT INCLUDES THE FOLLOWING ELEMENTS: A. INJUNCTIVE RELIEF DEFENDANT WILL REMOVE FILL PLACED ON APPROXIMATELY 3/4 OF AN ACRE ASSOCIATED WITH AN ACCESS ROAD AND A STRIP ALONG THE PERIMETER OF THE SITE AND RESTORE SUCH ACRES TO THEIR ORIGINAL CONDITION. DEFENDANT WILL NOT BE ORDERED TO REMOVE THE FILL ASSOCIATED WITH THE TREATMENT PLANT CONSTRUCTION, BUT THE DECREE WILL NOT AFFIRMATIVELY AUTHORIZE THE FILL, AND NO SECTION 404 PERMIT WILL BE ISSUED. B. CIVIL PENALTY DEFENDANT WILL PAY PENALTY OF $300,000, PAYABLE IN EQUAL INSTALLMENTS OVER THREE YEARS. C. CONSTRUCTION GRANT FUNDING EPA WILL NOT TERMINATE THE EXISTING FEDERAL CONSTRUCTION GRANT FOR THE TREATMENT PLANT CONSTRUC