ON JULY 31, 2012, TRI-STATE PETROLEUM RELEASED APPROXIMATELY 5,417 GALLONS OF GASOLINE FROM AN AST AT ITS NEW MARTINSVILLE FACILITY. AN UNKNOWN QUANTITY REACHED FISHING CREEK, WHICH IS AN TRIBUTARY TO THE OHIO RIVER, A NAVIGABLE WATERWAY. A SECOND ALLEGED VIOLATION OCCURRED ON SEPTEMBER 30, 2012, WHEN TRI-STATE PETROLEUM RELEASED APPROXIMATELY 800 GALLONS OF DIESEL FUEL WHEN A DELIVERY TRUCK OVER FILLED A 16,000 GALLON AST. AN UNKNOWN PORTION REACHED FISHING CREEK, WHICH IS A TRIBUTARY TO THE OHIO RIVER, A NAVIGABLE WATERWAY.