1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C SEC. 1319(B). 2. ROBERT SPILLER 340 HILLTOP CIRCLE NEW IBERIA, LOUISIANA 70560 3. MR. SPILLER WAS IN VIOLATION OF SECTION 301 AND 404 OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT A SECTION 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(B) OF THE CWA, EPA IS SEEKING AN ENFORCEABLE RESTORATION AND OR/COMPENSAT- ORY MITIGATION REMEDY IN THE FORM OF EITHER A COURT OR- DER, OR, IF A SETTLEMENT IS REACHED, A CONSENT DECREE. ALSO, A CIVIL PENALTY OF $168,500.00. 5. ADMINISTRATIVE ORDER, VI-91-0125A, WAS ISSUED TO THE RE- SPONDENT ON MAR. 5, 1991. 6. REFERRAL SIGNED AND SENT TO DOJ: APRIL 6, 1994.