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. PERFORMANCE PETROLEUM COMPANY - HULAH TANK BATTERY NE/4, SECTION 5, TOWNSHIP 28 NORTH, RANGE 10 EAST BARNSDALL, OSAGE COUNTY, OKLAHOMA 74002 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINNER; 2) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DIS- POSED OF IN ACCORDANCE WITH THE REGULATIONS; AND 3) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $700 FOR THE VIOLATIONS CITED.