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. SOUTHWESTERN ENERGY PRODUCTION COMPANY DIAMOND M PRODUCTION COMPANY, MC LAUGHIN ACCT. 1 TRRC LEASE NO. 63225, BLOCK 197 SYNDER, SCURRY COUNTY, TEXAS 79549 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 AN UNNAMED DRAINAGE DITCH LEADING INTO CHIMNEY CREEK AND ADJOING SHORELINES. 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.