ON JANUARY 10, 2004, ABOVE GROUND STORANGE TANK OWNED AND OPERATED BY EAST RESOURCES, INC DISCHARGED APPROXINATELY 420 GALLONS OF CRUDE OIL, AS DEFINED IN SECTION 311(a)(1) OF THE CWA, 33 U.S.C. SECTION 132(a)(1), AND 40 C.F.R. SECTION 11.01., FROM A TANK AT THE WARRANT 3121 TANK BATTERY IN LANTZ CORNERS, HAMILTON TOWNSHIP, MCKEAN COUNTY, PENNSYLVANIA ( FACILITY ) INTO OR UPON MEADE RUN. MEADE RUN IS A NAVIGABLE WATER OF THE UNITED STATES AS DEFINED IN SECTION 502(7) OF CWA, 33 U.S.C. SECTION 1362(7), AND 40NC.F.R. SECTION 110.1, BECAUSE IT IS A TRIBUTARY OF KINZUA CREEK, WHICH IS A TRIBUTARY TO THE ALLEGHENY. THIS DISCHARGE OF OIL CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE WATER OR ADJOINING SHOULD AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFULE UNDER 40 C.F.R. SECTION 110.3. THE DISCHARGE OF OIL OR UPON MEADE RUN VIOLATED SECTION 311(b)(3) OF THE CWA, 33 U.S.C. SECTION 1321(b)(3). THE REGION ISSUED AN EXPEDITED PENALTY ACTION AGAINST EAST RESOURCES ASSESSING A PENALTY OF $1,800.00 TO RESOLVE ITS CIVIL LIABILITY FOR THE SPILL INCIDENT. RESOURCES HAS ACCEPTED THE EXPEDITED PENALTY AND TENDERED A CHECK FOR THE PENALTY. AN EXECUTED PENALTY AGREEMENT AND FINAL ORDER WAS FILED WITH THE REGIONAL HEARING CLERK ON OCTOBER 12, 2004