Buchanan Oil Corporation ( Buchanan ) is engaged in the wholesale marketing of petroleum products manaufactured by Exxon Corp. in Virgiina and West Virginia. On May 30, 2006 a tanker truck owned and operated by Buuchanan ran off of Route 621 into a ditch near the town of Carbo, Russell County, Virginia. At the time time of the incident, the truck was carrying diesel fuel. The cargo tank ruptured when the truck went off of the highway and released all of its contents. Appoximately 3,267 gallons of diesel fuel entered the Muddy Branch and Hurricane Creek, tributaries of the Clinch River, a navigable water of the United States. This discharge of diesel fuel into wters of the United States constituted a violation of Section 311(b)(3) of the Clean Water Act, as amended, 33 U.S.C subsection 1321(b)(3), ( CWA ). The administrative complaint proposes a Class II penalty in the amount of $39,000.00 against Buchanan for the spill.