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. RADLEY ELECTRIC, INC. 151 WEST 6TH STREET SOUR LAKE, HARDIN COUNTY, TEXAS 77659 FACILITY: BAILEY LEASE, RRC 03936, HARDIN COUNTY, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 311(J) AND 311(B) (3) OF THE CWA BY FAILING TO IMPLEMENT TO A SPILL PRE- VENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR THE BAILRY FACILITY IN HARDIN COUNTY, TEXAS AND BY AN UNAU- THORIZED DISCHARGE OF AN UNKNOWN QUANTITY OF OIL FROM THE SAME FACILITY INTO AN UNNAMED MARSH IN HARDIN COUNTY, TEXAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $7,500 FOR COUNT 1 AND $10,000 FOR COUNT 2, FOR A TOTAL PENALTY OF $17,500.