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. AJ&K OPERATING CO., INC. 124 OUACHITA 513 SMACKOVER, UNION COUNTY, ARKANSAS 71762 FACILITIES: MACFARLANE MCDONALD LEASE, OUACHITA COUNTY, ARKANSAS. GILLER A5 LEASE, UNION COUNTY, ARKANSAS. BERG A&B ARNOLD A LEASE, OUACHITA COUNTY, ARKANSAS. 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR THE MACFARLANE, GILLER, AND BERG FACILITIES, AND SECTION 311(B)(3) OF THE CWA BY AN UNAUTHORIZED DISCHARGE OF AN UNKNOWN QUANTITY OF OIL FROM THE BERG FACILITY INTO AN UNNAMED STREAM AND ADJOIN- ING SHORELINES IN OUACHITA COUNTY, ARKANSAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $6,300 FOR COUNT 1, $4,200 FOR COUNT 2, $4,200 FOR COUNT 3, AND $10,000 FOR COUNT 4, FOR A PROPOSED TOTAL OF $24,700.