SYNOPSIS OF THE CASE DESCRIPTION OF DEFENDANT'S PROPERTIES AND BUSINESS EDWARD LYNN TULL OWNS NUMEROUS PARCELS OF LAND ON CHINCO- TEAGUE ISLAND, VIRGINIA. CHINCOTEAGUE IS ONE OF SEVERAL BARRIER ISLANDS OFF THE ATLANTIC COAST OF VIRGINIA. MANY OF THESE PARCELS INCLUDE PORTIONS OF THE EXTENSIVE WETLAND SYSTEMS THAT CHARACTERIZE CHINCOTEAGUE AND SIMILAR BARRIER ISLANDS. MR. TULL DEVELOPS LAND FOR RENTAL, SUBDIVISION AND SALE AS RECREATIONAL AND RESIDENTIAL LOTS, MOBILE HOME PARKS AND CAMPER SITES. WHEN THE PROPERTY TO BE DEVELOPED INCLUDES WETLANDS, MR. TULL HAS THE WETLANDS FILLED WITH SAND AND OTHER FILL MATERIAL. THIS CASE INVOLVES FILLING OF SEVERAL ACRES OF UPLAND AND TIDAL WETLANDS AT A LOCATION KNOWN AS THE SOUTH MAIN STREET SITE. VIOLATIVE CONDUCT: THE PLACEMENT OF FILL MATERIAL IN FEDERALLY-PROTECTED WETLANDS CONSTITUTES DISCHARGES OF POLLUTANTS TO WATERS OF THE UNITED STATES. THESE DISCHARGES WERE UNLAWFUL BECAUSE NO DREDGE/FILL PERMIT WAS SOUGHT BY MR. TULL NOR ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS UNDER SECTION 404 OF THE CLEAN WATER ACT, 33 U.S.C. 1344. ALL UNPERMITTED DISCHARGES ARE PROHIBITED BY SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C. 1311. EPA'S AUTHORITY TO BRING AN ACTION: EPA IS AUTHORIZED TO BRING A CIVIL A