ON OR BEFORE APRIL 27, 2008, RESPONDENT'S 4,000 GALLON DIESEL TANK WAS LEFT UNLOCKED AND SUBSEQUENTLY COMPROMISED, DISCHARGING APPROXIMATELY 2,000 OR MORE GALLONS OF DIESEL INTO A STORM WATER DRAIN THAT FLOWED TO DRY RUN CREEK, A TRIBUTARY TO FIRESTEEL CREEK, A TRADITIONAL NAVIGABLE WATER OF THE UNITED STATES.