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. DYNEGY CRUDE GATHERING SERVIVES, INC., AN OKLAHOMA CO. FACILITY: 5 WEWOKA GATHERING PIPELINE 3 MILES EAST OF WEWOKA, SEMINOLE COUNTY, OKLAHOMA 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF 90 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON AN UNNAMED INTERMITTENT CREEK AND ADJOINING SHORELINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $5,000 FOR THE VIOLATION CITED.