EPA Administrative - Formal case 04-2010-5130. Outcome: Final Order With Penalty. Penalty assessed: —. 7/7/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $14,900. RESPONDENT SHALL MAKE EIGHTEEN (18) PAYMENTS OF $845.62. THE FIRST PAYMENT IS DUE WITHIN THIRTY DAYS. ORDER ALLEGES: ON APRIL 25, 2008, RESPONDENT AS A RESULT OF A TRUCK ACCIDENT DISCHARGED APPROXIMATLEY 7,400 GALLONS OF OIL, AS DEFINED IN SECTION 311(a)(1) OF THE ACT, 33 U.S.C. SECTION 1321(a)(1), AND 40 C.F.R. SECTION 110.1, FROM ITS FACILITY INTO OR UPON A DRAINAGE SYSTEM THAT THEN FLOWED INTO INTO AN UNNAMED TRIBUTARY OF FLEMING'S FORK RIVER AND ADJOINING SHORELINES. THE APRIL 25, 2008, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE UNNAMED TRIBUTARY OF FLEMING'S FORK RIVER AND ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3, IN VIOLATION OF SECTION 311(b)(3) OF THE ACT.