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. DELONE OPERATING CO. 1301 NORTH JEFFERSON EL DORADO, UNION COUNTY, ARKANSAS 71730 FACILITY: MCLURE #10, PERMIT 141W LEASE, NEVADA COUNTY, ARKANSAS. 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR ITS MCLURE FACILITY AND SECTION 311(B)(3) OF THE CWA BY THE UNAUTHORIZED DIS- CHARGE OF OIL INTO AN UNNAMED CREEK AND THE ADJOINING SHORELINES FROM ITS MCLURE FACILITY IN NEVADA COUNTY, ARKANSAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $7,000 FOR COUNT 1 AND $10,000 FOR COUNT 2 FOR A TOTAL PENALTY OF $17,000.