1. SECTION 311(B)(?)(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. LONGHORN EXCAVATORS, INC. - TEMPORARY CONSTRUCTION SITE NEAR THE INTERSECTION OF FM 518 AND WINDAMERE GALVESTON, GALVESTON COUNTY, TEXAS 77551 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT MAINTAINED ON SITE; 2) RECORDS OF IN- SPECTIONS OF ABOVEGROUND TANKS ARE NOT MAINTAINED; 3) VISIBLE OIL LEAKS RESULTING IN ACCUMULATIONS OF OIL IN DIKED AREAS ARE NOT PROMPTLY CORRECTED; 4) ABOVEGROUND VALVES AND PIPELINES ARE NOT INSPECTED REGULARLY; AND 5) FACILITY NOT FULLY FENCED AND ENTRANCE GATES ARE NOT LOCKED AND/OR GUARDED WHEN PLANT IS UNATTENDED OR NOT IN PRODUCTION. 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.