THE RESPONDNET, CABOT OIL AND GAS CORP. ( CABOT ), PRODUCES AND SELLS CRUDE OIL AND NATURAL GAS. CABOT OWNS AND OPERATES A 4,200 GALLON AST WHICH IS USED IN CONJUNCTION WITH A PRODUCTION WELL IN THE CABWAYLINGO STATE FOREST. THE AST IS LOCATED IN THE VICINITY OF A STREAM KNOWN AS THE SWEETWATER BRANCH, WHICH IS A TRIBUTARY OF THE TWELVEPOLE CREEK, A TRIBUTARY OF THE OHIO RIVER. ON OR ABOVE NOVEMBER 14, 2000, CABOT DISCOVERED THAT AT LEAST FORTY-TWO BARRELS OF OIL HAD BEEN DISCHARGED FROM THE AST. ALTHOUGH THE OIL REPORTEDLY ESCAPED THROUGH A HOLE IN THE AST CAUSED BY A BULLET FIRED BY AN UNKNOWN THIRD-PARTY, THE SECONDARY CONTAINMENT AROUND THE AST APPARENTLY FAILED, ALLOWING APPROXIMATELY NINE BARRELS OF OIL TO ENTER THE SWEETWATER BRANCH AND ANOTHER TWENTY-FIVE BARRELS OF OIL TO REACH THE ADJOINING SHORELINE OF THE SWEETWATER BRANCH. THE SPILLED OIL CAUSED A VISIBLE SHEEN UPON THE SURFACE OF THE SWEET- WATER BRANCH AND THEREBY CONSTITUED A DISCHARGE OF OIL IN HARMFUL QUANTITIES INTO NAVIGABLE WATERS IN VIOLATION OF SECTION 311(B)(3) OF THE CLEAN WATER ACT, AS AMENDED, ( CWA ), 33 U.S.C. SECTION 13321(B)(3).