THE PROPOSED ADMINISTRATIVE COMPLAINT SEEKS TO RECOVER A CLASS I CIVIL PENALTY OF $12,535.60 AGAINST GEORGE MORTON, THE OWNER OF MORTON TRANSPORTATION AND TAXI SERVICE, INC., ( MORTON ) FOR HIS FAILURE TO HAVE AN SPILL PREVENTION, CONT CONTROL AND COUNTERMEASURE ( SPCC ) PLAN FOR THE FACILITY LOCATED AT 1600 RED HOUSE ROAD, PHENIX, VIRGINIA, IN VIOLATION OF THE REGULATIONS SET FORTH AT 40 C.F.R. SECTION 112.3(B) AND PROMULGATED PURSUANT TO SECTION 311(J) OF THE CWA, 33 U.S.C. SECTION 1321(J). THE MORTON FACILITY MAINTAINS THREE ABOVE-GROUND STORAGE TANKS FOR PETROLEUM PRODUCTS WITH AN AGGREGATE CAPACITY OF 2100 GALLONS. THE FACILITY IS LOCATED WITHIN ONE-QUARTER MILE OF FROM TERRY CREEK, A TRIBUTARY OF CUB CREEK, WHICH IS A TRIBUTARY OF THE ROANOKE RIVER. AN EPA INSPECTION IN DECEMBER 1999 REVEALED THAT THE FACILITY DID NOT HAVE AN SPCC PLAN. EPA ISSUED A NOTICE OF NONCOMPLIANCE IN SEPTEMBER 2000, WHICH ALLOWED MORTON A SIXTY-DAY GRACE PERIOD TO SUBMIT AN SPCC PLAN. MOTORN FAILED TO COME INTO COMPLIANCE WITHIN THE GRACE PERIOD. AS A CONSEQUENCE OF MORTON'S FAILURE TO PREPARE A SPCC PLAN FOR HIS FACILITY, THE PROGRAM HAS PROPOSED THAT MORTON BE ASSESSED A CIVIL PENALTY OF $12,535.60.