BACKGROUND THIS MATTER AROSE AS A RESULT OF A RANDOM INSPECTION CONDUCTED ON JULY 23, 1981, BY EPA CONTRACT INSPECTORS OF A GASOLINE RETAIL OUTLET LOCATED AT 3402 SOUTH DALE MABRY, TAMPA, FLORIDA, WHICH WAS AOWNED AND OPERATED BY THONI OIL MAGIC BENZOL GASOLINE STATIONS OF FLORIDA, INC. (THONI OIL). DURING THIS INSPECTION, THE EPA INSPECTORS OBSERVED A THONI OIL EMPLOYEE INTRODUCE LEADED GASOLINE INTO A BLUE 1979 CHEVROLET SIERRA PICK-UP TRUCK, IN VIOLATION OF THE FEDERAL UNLEADED GASOLINE REGULATIONS, 40 C.F.R. PART 80. THIS MOTOR VEHICLE HAD LABELS STATING UNLEADED GASOLINE ONLY AFFIXED AT THE FILLER INLET AND ON THE DASH. AN ADMINISTRATIVE COMPLAINT WAS ISSUED AGAINST THONI OIL ON NOVEMBER 12, 1981, WHEREIN A PENALTY OF $7,000, WAS PROPOSED. BEFORE FURTHER ACTION ON THIS COMPLAINT COULD OCCUR, HOWEVER, THE DECISION IN TRANSPORTATION, INC. WE HANDED DOWN BY EPA'S JUDICIAL OFFICER, WHICH HAD THE RESULT OF INVALIDATING THE ADMINISTRATIVE TREATMENT OF CASES UNDER THE UNLEADED GASOLINE REGULATIONS. THONI OIL WAS CONTACTED BEGINNING IN JANUARY, 1983 TO ATTEMPT SETTLEMENT OF THIS CASE. EPA OFFERED TO SETTLE FOR $2,800, WHICH WAS WITHIN EPA GUIDELINES FOR SETTLEMENT OF SUCH CASES. ON JUNE 27, 1983, COUNSEL FOR THONI OIL AD- VISED EPA THAT HIS CILIENT WOULD NOT SETTLE. CAUSE OF ACTION