Burning Springs Oil is the owner and operator of an oil production facility in Burning Springs, Wirt County, West Virginia. The discharge of oil in a quantity as has been determined may be harmful to the public health, welfare or environment of the United States is a violation of Section 311(b)(3) of the Clean Water Act, 33 U.S.C. �� 1321(b)(3). Under the applicable regulations, a harmful quantity of oil is that which causes a film or sheen upon or discoloration of the surface of water or adjoining shorelines. 40 C.F.R. �� 110.3. On or about March 31st, 2003, the facility discharged approximately 850 gallons of crude oil into the Left Fork of Burning Springs Run. The facility���s March 31st, 2003 discharge of oil into the Left Fork of Burning Springs Run violated Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3). The Region commenced an expedited penalty action against Burning Springs Oil seeking a penalty of $1,800.00 to resolve the company���s civil liability for this spill. After Burning Springs paid the penalty, the Regional Judicial Officer signed a Consent Agreement on February 11, 2004 which concluded the case.