A LITIGATION REPORT WAS FORWARDED TO DOJ RECOMMENDING THAT A CIVIL ACTION BE FILED AGAINST BD OIL GATHERING CORPORATION SEEKING PENALTIES FOR VIOLATION FO CWA SECTION 311, 33 U.S.C. SECTION 1321. ON THE MORNING OF DECEMBER 23, 1998, A TANKER-TRUCK, OWNED BY BD OIL, WITH A FAULTY SAFETY VALVE/ LINE, RELEASED APPROXIMTAELY 92 BARRELS OF OIL OFF ROUTE 36 INTO THE BIG SANDY CREEK, ROANE COUNTY, WEST VIRGINIA. BIG SANDY CREEK FLOWS INTO THE KANAWAHA RIVER WHICH IN TURN FLOWS INTO THE OHIO RIVER. BD OIL, UNDER THE SUPERVISION OF THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ASSUMED RESPONSIBILITY FOR THE CLEANUP. CLEANUP AND REMOVAL WAS COMPLETED ON JANUARY 6, 1999. CWA SECTION 311(B)(3) STATES, IN PERTINENT PART, THAT [T]HE DISCHARGE OF OIL...INTO OR UPON THE NAVIGABLE WATER OF THE UNITED STATES...IN SUCH QUANTITIES THAT MAY BE HARMFUL AS DETERMINED BY THE PRESIDENT...IS PROHIBITED. A SHEEN WAS OBSERVED ON THE SURFACE OF BIG SANDY CREEK, THUS CONSTITUTING A QUANTITY OF OIL AS MAY BE HARMFUL FOR PURPOSES OF 40 C.F.R. SECTION 110.3 AND CWA SECTION 311(B)(3 AND (4). CWA SECTION 311(B)(7) PROVIDES FOR CIVIL PENALTIES IN THE EVENT OF SUCH VIOLATION.