FRED L. BAILEY OWNS AND OPERATES A COMPANY CALLED B&B SALT WATER DISPOSAL. RESPONDENT FRED L. BAILEY AND B&B SALT WATER DISPOSAL OWN AND OPERATE OIL WELL FACILITIES ( FACILI- TIES ) IN CLAY AND JASPER COUNTIES, IN ILLINOIS. RESPONDENT FRED L. BAILEY OWNS THE OIL OPERATION AT BOTH FACILITIES. RESPONDENT FRED L. BAILEY HOLDS THE LEASE AT THE CLAY COUNTY SITE AND AT THE JASPER COUNTY SITE. THE RESPONDENT OPERATES BOTH FACILITIES FOR THE PRODUCTION OF CRUDE OIL, USING BRINE INJECTION WELLS. CRUDE OIL IS STORED AT BOTH FACILITIES IN PITS. AT THE BAILEY #1 FACILITY, THE CLAY COUNTY SITE, CRUDE OIL IS ALSO STORED IN BUCKETS, DRUMS AND TANKS. THE FACILITIES ARE KNOWN AS F. BAILEY PIT #1, AND RILEY #2 PIT. F. BAILEY PIT #1 IS LOCATED AT 215N O465E, SWC NW NW SEC 2, 3N, 6E, CLAY COUNTY, ILLINOIS. RILEY #2 PIT IS LOCATED AT 990N 330E SWC NE SE, SEC 30, 8N, 10E, CITY OF ROSE HILL, JASPER COUNTY, ILLINOIS. ON JUNE 8, 1999, U.S. EPA DISCOVERED A SPILL OF CRUDE OIL OIL AT F. BAILEY PIT #1 IN CLAY COUNTY WHICH DISCHARGED INTO A NEARBY CREEK AND SUBSEQUENTLY INTO THE LITTLE WABASH RIVER THE SOURCE OF THE SPILL WAS A PAIR OF PITS CONTAINING CRUDE OIL. THE CAUSE OF THE SPILL WAS AN OVERFLOW OCCASIONED BY RAIN. THE FEDERAL ON-SCENE COORDINATOR ( FOSC ) ASSIGNED BY U.S. EPA TO THESE SITES HAS SURMISED THAT ADDITIONAL OVER- FLOW TAKES PLACE WITH EACH SUCCEEDIN