ROBERT KRILICH, A RESIDENT OF DUPAGE COUNTY, IL, OWNS AND OPERATES TWO CORPORATIONS KNOWN AS KRILICH BUILDERS, INC., AND RIVERWOODS DEVELOPMENT CORP. KRILICH, THROUGH HIS CORPORATIONS, IS IN THE PROCESS OF DEVELOPING VACANT REAL ESTATE IN OAKBROOK TERRACE, DUPAGE COUNTY, IL, WITH A 9-HOLE GOLF COURSE, MULTI-FAMILY DWELLING UNITS AND OFFICE BUILD- INGS. THE SITE IS KNOWN AS THE ROYCE RENAISSANCE PROJECT OR RENAISSANCE PARK. - THE SITE CONTAINS WETLANDS WHICH ARE WATERS OF THE U.S. UNDER THE CWA. SUCH WETLANDS REQUIRE A PERMIT UNDER SECTION 404 OF THE CWA BEFORE DISCHARGE OF POLLUTANTS MAY OCCUR. MR. KRILICH HAS NOT OBTAINED A PERMIT BUT HE HAS DISCHARGED FILL INTO THE WETLANDS IN VIOLATION OF 301A OF THE CWA. 33 USC SECTION 1311A. THE U.S. ARMY CORPS OF ENGINEERS, WHICH HAS STATUTORY RESPONSIBILITY FOR ISSUING SECTION 404 PERMITS, ISSUED A CEASE AND DESIST ORDER TO KRILICH ON SEPT. 30, 1988, ORDERING HIM TO STOP FILLING WETLANDS. KRILICH CONTINUED TO FILL WETLANDS AND THE CORPS REFERRED THE CASE TO U.S.EPA FOR ENFORCEMENT. ON JANUARY 25, 1989, USEPA ISSUED A COMPLIANCE ORDER UNDER SECTION 309A OF THE CWA, 33 USC SECTION 1319A REQUIRING KRILICH TO CEASE DISCHARGES INTO THE WETLANDS AND TO SUBMIT A RESTORATION PLAN. - ON MARCH 13, 1989, USEPA RECEIVED TH