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. THOMAS O. MOSES 710 N. 11TH STREET BEAUMONT, JEFERSON COUNTY, TEXAS 77702 FACILITY: FRANK REICHARDT LEASE, RRC 01316, DYERSDALE FIELD, HARIS COUNTY, TEXAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINEER; 2) INADEQUATE OR NO PREDICTION OF EQUIPMENT FAILURE WHICH COULD RESULT IN DISCHARGES; 3) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT SIGNED BY FACILITY SUPER- VISOR; AND 4) DRAINS FOR THE SECONDARY CONTAINMENT SYS- TEMS AT THE TANK BATTERY(IES) AND CENTRAL TREATMENT STA- TIONS ARE NOT CLOSED AND SEALED AT ALL TIMES EXCEPT WHEN RAINWATER IS BEING DRAINED. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $750 FOR THE VIOLATIONS CITED.