East Resources, Inc. (���Respondent���), a Pennsylvania corporation, operates an oil and gas field exploration service from its branch office, located in Vienna, West Virginia. On February 15, 2005, an oil spill occurred from a cracked oil gathering line owned and operated by Respondent near the town of Metz, Marion County, West Virginia. Approximately 9 barrels of oil escaped from the buried line, of which approximately 1 barrel reached Campbells Run, a tributary to Pyles Fork, which is a tributary to the West Fork of Fish Creek, which is a tributary to Fish Creek, which is a tributary to the Ohio River, a navigable waterway. This release of oil into waters of the United States constitutes a violation of Section 311(b)(3) of the Clean Water Act, 33 U.S.C. �� 1321(b)(3), (���CWA���). The administrative complaint proposes a maximum Class I penalty in the amount of $3,850.00 against Respondent for the spill. The proposed penalty was calculated after consideration of the applicable statutory penalty factors in Section 311(b)(8) of the CWA, 33 U.S.C. ��1321(b)(8), including the seriousness of the violation; the degree of culpability involved; the respondent���s history of prior violations; and the nature, extent, and degree of success of the respondent���s efforts to mitigate the effects of the spill.