WHEELING PITTSBURGH STEEL CORPORATION OWNS AND OPERATES A PLANT WHICH PRODUCES COLD-ROLLED STEEL IN ALLENPORT, WASHINGTON COUNTY, PENNSYLVANIA. SINCE DECEMBER 2003, THE PLANT HAS DISCHARGED VARIOU OILS FROM ITS SEWER OUTFALLS ON SIX DIFFERENT OCCASIONS INTO THE MONONGAHELA RIER, A NAVIGABLE WATER OF THE UNITED STATES. WHEELING-PITT'S DISCHARGES OF OIL INTO THE MONOGAHELA RIVER CONSTITUTES VIOLATIONS OF SECTION 311(b)(3) OF THE CLEAN WATER ACT, AS AMENDED, 33 U.S.C. SECTION 1321(b)(3), ( CWA ). THE ENCLOSED ADMINISTRATIVE COMPLAINT PROPOSES AN AGGREGATE CLASS I PENALTY IN THE AMOUNT OF $18,780.00 AGAINST WHEELING-PITT FOR THE SIX SPILLS. THE PROPOSED PENALTIES WERE CALCULATED AFTER CONSIDERATION OF THE APPLICABLE STATUTORY PENALTY FACTORS IN SECTION 311(b)(8) OF THE CWA, 33 U.S.C. SECTION 1321(b)(8), INCLUDING THE SERIOUSNESS OF THE VIOLATIONS; THE DEGREE OF CULPABILITY INVOLVED; THE RESPONDENT'S HISTORY OF PRIOR VIOLATIONS; AND THE NATURE, EXTENT, AND DEGREE OF SUCCESS OF THE RESPONDENT'S EFFORTS TO MITIGATE THE EFFECTS OF THE SPILLS