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. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY LOCOMOTIVE BNSF 6709, BNSF TEXAS DIVISION ON STORAGE TRACK ADJACENT TO MILEPOST 708.5 IRVING, DALLAS COUNTY, TEXAS 75014 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF 71 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON ROCHELLE CREEK AND ADJOIN- ING SHORELINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $4,500 FOR THE VIOLATION CITED.