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. W. D. TARVER 804 EASTRIDGE DRIVE EL DORADO, UNION COUNTY, ARKANSAS 71730 FACILITIES IN UNION COUNTY, ARKANSAS: 1. T. BERRY NO. 3 LEASE 2. MARTIN NO. 1 LEASE 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY 1) FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR THE T. BERRY AND MARTIN NO. 1 FACILITIES, AND 2) SECTION 311(B)(3) OF THE CWA BY A DISCHARGED OF UNKNOWN QUANTITY OF OIL FROM THE BERRY FACILITY INTO AN UNNAMED MARSH IN UNION COUNTY, ARKANSAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A PENALTY OF $6,000 FOR COUNT 1, $6,000 FOR COUNT 2, $10,000 FOR COUNT 3, FOR PROPOSED TOTAL OF $22,000.