East Resources, Inc. is engaged in the exploration and drilling for oil and gas in West Virginia, Pennsylvania and New York. On May 29, 2005, a well operated by East Resources known as Well L-16 on the Henry Nolan Farm, near the town of Reader in Wezel couty, West Virginia, discharged approximately 10 barrels of crude oil from a defective valve on a portable test storage tank. Approximately 10 barrels of the released oil enered the Left Hand of Piney Fork. Piney Fork is a ributary of Fishing Creek, which is a tributary of the Ohio River. The released oil migrated more than four miles downstream. This discharge of crude oil into waters of the United States constituted a violation of Section 311(b)(3) of the Clean Water Act, as amended, 33 U.S.C. sub section 1321(b)(3), ( CWA ). The administrative complaint proposes a maximum Class I penalty in the amount of $6,600.00 against East Resources, Inc. for the spill.