1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. 4-SIGHT OPERATING CCOMPANY 28 WELLINGTON LONGVIEW, TEXAS 75601 FACILITY: GREGG COUNTY, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT AN SPCC PLAN FOR ITS FACILITY AND SECTION 311(B)(3) BY DISCHARGING OIL FROM ITS GREGG COUNTY FACILITY INTO AN UNNAMED CREEK AND ADJOINING SHORELINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $4,000 FOR COUNT 1 AND $1,000 FOR COUNT 2 FOR A TOTAL PENALTY OF $5,000.