THE RESPONDENT VIOLATED SECTION 311(B)(3) OF THE CLEAN WATER ACT, 33. U.S.C. SECTION 132(B)(3) BY DISCHARGING APPROXIMATELY 1,300 OF NO. 2 DIESEL INTO CHARIERS CREREK ON APRIL 21, 2014. THE DISCHARGE WAS THE RESULT OF A TRANSPORTATION ACCIDENT. AN UNKNOWN QUANTITY OF DIESEL FUEL ENTERED CHATIERS CHEEK. THE ACCIDENT ALSO INVOLVED TWO TRUCKS TRANSPORTING FRAC WATER WHICH WERE STRUCK FROM BEHIND BY THE COEN OIL TRUCK.