# BAILEY, JANET & ORVILLE
> **Judicial** · FY1987 · — · Final Order With Penalty
## Case
- **Activity ID:** `54110`
- **Case Number:** 10-1987-0080
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $5K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BAILEY, ORVILLE & JANET (complaint) (settlement)
## Summary

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

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*