1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. BTU BLOCK AND CONCRETE, A NEW MEXICO BUSINESS 115 CIMARRON AVENUE RATON, COLFAX COUNTY, NEW MEXICO 87740 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR ITS FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF UP TO $27,500 FOR THE VIOLATION(S) CITED.