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. GARY OIL AND GAS, MERCHANT 'A' LEASE DAISETTA, LIBERTY COUNTY, TEXAS 77533 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) NO SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN; AND 2) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,200 FOR THE VIOLATIONS CITED.