Buchanana Oil Corporation ( Buchanan ) is engaged in the wholesale marketing of petroleum products manufactured by Exxon Corp. in Virginia and West Virginia. On May 22, 2005 a tanker truck owned and operated by Buchanan overturned while making a turn too quickly onto Route 19 near the town of Abington, Washington County, Virginia. At the time of the incident, the truck was carrying approximately 7,100 gallons of diesel fuel. The cargo tank ruptured when the truck went off of the highway and released most of its contents. Much of the released diesel fuel entered a culvert which drained into the nearby wolf Creek. Wolf Creek is a tributary of the South Fork of the Holston River. This discrage of diesel fuel into waters of the United States constituted a violation of Secton 311(b)(3) of the Clean Water Act, as amended, 33U.S.C. sub part (b)(3), ( CWA ). The administrative complaint proposes as a maximum Class I penalty in the amount of $11,000 against Buchanan for the spill