ON JUNE 20, 2011, RESPONDENT DISCHARGED APPROXIMATELY 155 GALLONS OF DIESEL FUEL INTO CABIN CREEK, WHICH IS A TRIBUTARY TO THE KANAWHA RIVER, A NAVIGABLE WATERWAY. THE SPILL WAS THE RESULT OF A TRUCK ACCIDENT IN CHEYLAN, KANAWHHA COUNTY, WV. J.L. ROTHROCK HIRED A CLEANUP AND CONSULTING FIRM TO HANDLE THE CLEANUP AND REMEDIATION OF THE SPILL. THE DRIVER OF THE TRUCK WAS CITED FOR DRIVING TOO FAST FOR CONDITIONS. WV DEP HAD NOT INVOLVEMENT IN THIS INCIDENT. THIS DISCHARGE CAUSE A VISIBLE SHEEN ON THE SURFACE OF CABIN CREEK, AND IS THEREFORE A VIOLATION UNDER SECTION 311(b)(3) OF THE CWA, 33 U.S.C. SECTION 1321(b)(3).