MARQUETTE PROPERTIES

THE USEPA ISSUED A FINDINGS AND ORDER PURSUANT TO SECTION 309(A) OF THE CWA FOR VIOLATION OF SECTION 301 AND 404 OF THE CWA. THE RESPONDENT CAUSED FILL MATERIAL TO BE DIS- CHARGED INTO WETLANDS IN PALATINE, COOK COUNTY, ILLINOIS, WHICH ARE LOCATED ON PROPERTY OWNED OR CONTROLLED BY RE- SPONDENT. SECTION 301 PROVIDES THAT EXCEPT IN COMPLIANCE WITH SECTION 404 OF THE ACT, THE DISCHARGE OF ANY POLLUTANT INTO NAVIGABLE WATERS BY ANY PERSON SHALL BE UNLAWFUL. THE RESPONDENT HAS NOT COMPLIED WITH A CEASE AND DESIST ORDER ISSUED BY THE CORPS OF ENGINEER. THE CORPS OF ENGINEER SUB- SEQUENTLY DENIED RESPONDENT'S AFTER-THE-FACT PERMIT FOR THE UNAUTHORIZED FILL (NOV. 16, 1987). THE RESPONDENT HAS NO PERMIT PURSUANT TO SECTION 404 AUTHORIZING THE DISCHARGE OF FILL MATERIALS INTO THE WETLANDS.