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. DUKE ENERGY TRANSPORT AND TRADING COMPANY, A OK. COMPANY FACILITY: 8-INCH CRUDE OIL PIPELINE BERNARD CREEK CROSSING AUSTIN COUNTY, TEXAS 77474 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF 100 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON BERNARD CREEK AND ADJOIN- ING 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.