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. EOTT ENERGY LP TULLOS, LA SALLE PARISH, LOUISIANA 71479 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY DISCHARGING 40 BARRELS OF OIL, A QUANTITY THAT HAS BEEN DETERMINED TO BE HARMFUL, FROM ITS FACILITY INTO OR UPON A STORM WATER DRAINAGE DITCH AND ADJOINING SHORE- LINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $3,500 FOR THE VIOLATION CITED.