ON APRIL 16, 2004, A PIPELINE OWNED AND OPERA LE BY BOBCAT OIL & GAS, INC. DISCHARGED APPROXIMATELY 5 BARRELS OF CRUDE OIL, AS DEFINED IN SECTION 311(a)(1) OF THE CWA, 33 U.S.C. SECTION 1321(a)(1), AND 40 C.F.R. SECTION 110.1, FROM A PIPELINE OFF OF WHITE'S CREEK ROAD INTO OR UPON WHITE'S CREEK IN THE VICINITY OF WAYNE COUNTY, WEST VIRGINIA 25570. WHITE'S CREEK IS A NAVIGABLE WATER OF THE UNITED STATES AS DEFINED IN SECTION 502(7) OF THE CWA, 33 U.S.C. SECTION 1362(7), AND 40 C.F.R. SECTION 110.1, BECAUSE IT IS A TRIBUTARY OF THE BIG SANDY RIVER, WHICH IS A TRIBUTARY TO THE OHIO RIVER.
THIS DISCHARGE OF OIL CAUSED A FILM OR SHEEN UPON OR DISCLORORATION OF THE SURFACE OF THE WATER OR ADJOINING SHORELINES, AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3. THE DISCHARGE OF OIL INTO OR UPON THE UNNAMED TRIBUTARY VIOLATED SECTION 311(b)(3) OF THE CWA, 33 U.S.C. SECTION 1321(b)(3). PURSUANT TO SECTION 311(b)(6)(B)(i) OF THE CWA, 33 U.S.C. SECTION 1321(b)(6)(B)(i), AND 40 C.F.R. SECTION 19.4, RESPONDENT IS LIABLE FOR CIVIL PENALTIES OF UP TO $11,000 PER VIOLATION, UP TO A MAXIMUM OF $27,500. THE REGION ISSUED AN EXPEDITED PENALTY ACTION AGAINST BOBCAT ASSESSING A PENALTY OF $500.00 TO RESOLVE BOBCATS' CIVIL LIABILITY FOR THIS SPILL INCIDENT. WILCO HESS HAS ACCEPTED THE EXPEDITED PENALTY AND TENDERED A CHECK FOR THE PENALTY. AN EXECUTED EXPEDITED PENALTY AGREEMENT AND FINAL ORDER WAS FILED WITH THE REGIONAL HEARING CLE