On June 26, 2003, Region III issued an administrative complaint against Avon Fuel and Supply Co ( Avon ) and Frebro, Inc ( Frebro ) for their failure to have a Facility Response Plan ( FRP ) for their fuel oil storage facility in Avondale, Chester County, Pennsylvania in violation of Section 311(j) of the Clean Water Act, and the regulations codified at 40 C.F.R. Section 112.20. The Avon/Frebro facility, which has been in operation sinc e1969, consists of two above-ground oil storage tanks with an aggregate capacity in excess of 1 million gallons. The facility is located uphill and approximately 1500 feet from the Trout Run, a tributary of the White Clay Creek, a quality waterway which flows through two state parks and into the Christiana River. By virtue of its storage capacity and location, the facility qualifies as a substantial harm facility which is required to have a FRP under the Oil Pollution Prevention regulations. The administrative complaint seeks to impose a Class I civil penalty in the amount of $126,750.00 against the respondents for this violation