ON APRIL 30, 2007, EPA REGION 1 FILED A CLASS II ADMINISTRATIVE COMPLAINT ALLEGING TWO COUNTS AGAINST RESPONDENT, PETER NUGENT d/b/a NUGENT MOTOR COMPANY, LOCATED IN COLEBROOK, NEW HAMPSHIRE. THE FIRST COUNT IS VIOLATION OF SECTION 311 OF THE CLEAN WATER ACT ( CWA ) (i.e., FAILURE TO PREPARE A SPILL PREVENTION PLAN) AT AN UNATTENDED PETROLEUM BULK STORAGE AND DISTRIBUTION FACILITY. THE SECOND COUNT IS A VIOLATION OF SECTION 308 OF THE CWA FOR FAILURE TO RESPOND TO A REQUEST FOR INFORMATION BY EPA. THE COMPLAINT PROPOSES THAT A PENALTY OF UP TO $157,500 BE ASSESSED AGAINST THE RESPONDENT FOR THESE VIOLATIONS.