ON OR ABOUT JUNE 2, 2008, A TANKERE TRUCK (THE FACILITY ) THAT IS OWNED AND OPERATED BY RESPONDENT DISCHARGED APPROXIMATELY 400 GALLONS OF NO. 5 FUEL ONTO PENNSYLVANIA STATE HIGHWAY ROUTE 41 IN AVONDALE, CHESTER COUNTY, PENNSYLVANIA. THE OIL WAS THEN DISCHARGED THROUGH A NEARBY STORM DRAIN INTO TROUT RUN, WHICH FLOWS INTO WHITE CLAY CREEK, WHICH IN TURN FLOWS INTO THE CHRISTIANA RIVER, A NAVIGABLE WATERWAY. THE OIL THAT ENTERED TROUT RUN CAUSED A SHEEN ON THE SURFACE OF TROUT RUN. AS A RESULT OF THIS DISCHARGE, AN ESTIMATED THIRTY (30) GALLONS OF OIL ENTERED TROUT RUN.