ON SEPTEMBER 29, 2000, EPA, REGION III FILED A CLASS I ADMIN. COMPLAINT AGAINST MURVIN AND MEIER OIL COMPANY, THE OWNER OF A DIKED-TANK SET IN CONNECTION WITH AT LEAST ONE GAS-WELL LOCATED 2.6 MILES NORTHEST OF PULLMAN, UNION DISTRICT, RITCHIE COUNTY, WV 26421. IN ITS COMPLAINT, EPA ASSERTS THAT THE FACILITY IS IN VIOLATION OF THE CLEAN WATER ACT SECTION 311(B)(3), 33 U.S.C. SECTION 1321(B)(6). SPECIFICALLY, THE COMPLAINT ALLEGES THAT MURVIN AND MEIER VIOLATED SECTION 311(B)(3) BY DISCHARGING OIL INTO A NAVIGABLE WATERWAY. THIS VIOLATION SUBJECTS MURVIN AND MEIER TO PENALTIES UNDER SECTION 311(B)(6) OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1321(B)(6). THE ADMIN. COMPLAINT PROPOSES THE ASSESSMENT OF A PENALTY OF $2,500.