THE CONSENT AGREEMENT AND FINAL ORDER COMMENCES AND INCLUDES EPA'S ADMINISTRATIVE PENALTY ACTION AGAINST FREZ PETROLEUM CORPORATION ( RESPONDENT ) AND RESOLVES EPA'S CLAIM THAT RESPONDENT VIOLATED SECTION 311(b)(3) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 132(b)(3). THE SETTLEMENT PROVIDES FOR THE RESPONDENT TO PAY A PENALTY. THE PENALTY WAS CALCULATED AFTER CONSIDERATION OF THE APPLICABLE STATUTORY PENALTY FACTORS IN SECTION 311(b)(8) OF THE CWA, 33 U.S.C. SECTION 132(b)(8).