ORVILLE AND JANET BAILEY DISCHARGED FILL MATERIAL INTO WETLANDS ON THEIR PROPERTY ADJOINING PRIEST LAKE IN BONNER COUNTY, IDAHO, FOR THE PURPOSE OF DEVELOPING RECREATIONAL HOUSING SITES. THESE DISCHARGES TOOK PLACE DURING THE SUMMER SEASONS BETWEEN 8/81 AND 7/86 AND INVOLVED THE DISCHARGE OF APPROXIMATELY 14,000 CUBIC YARDS OF FILL MATERIAL INTO THE WETLANDS IN ISSUE. THESE DISCHARGES WERE NOT AUTHORIZED BY ANY CORPS OF ENGINEERS OR EPA PERMIT ISSUED UNDER SECTION 404 OR SECTION 402 OF THE CWA. THE FILL HAS DEGRADED AND DESTROYED VALUABLE WETLANDS WHICH ARE PART OF A UNIQUE AND RARE WETLAND ECOSYSTEM. THE PRIMARY GOAL OF THIS LITIGATION IS TO OBTAIN PERMANENT INJUNCTIVE RELIEF THAT WILL PROHIBIT DEFENDANT FROM FUTURE VIOLATIONS. EPA REGION 10 WOULD NOT BE WILLING TO ENTER INTO A SETTLEMENT THAT DID NOT CALL FOR THE TWO ELEMENTS OF INJUNCTIVE RELIEF STATED ABOVE. IF DEFENDANT AGREED TO THESE REQUIREMENTS, AN APPROPRIATE CIVIL PENALTY IN SETTLEMENT WOULD BE APPROXIMATELY $5,000. EPA AND THE CORPS HAVE MADE NUMEROUS ATTEMPTS TO RESOLVE THIS INFORMALLY. THE CORPS HAS ISSUED VIOLATION NOTICES OR CEASE AND DESIST ORDERS IN 7/84, 7/86 AND 2/87. ALTHOUGH DEFENDANTS CEASED FILLING IN SPECIFIED WETLAND AREAS, THEY CONTINUED TO FILL IN WETLAND AREAS NOT FORMALLY EVALUATED BY THE CORPS. DEFENDANTS REFUSED TO APPLY FOR PERMITS TO DISCHARGE FILL INTO WETLAND