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. CODY ENERGY LLC, A TEXAS COMPANY FACILITY: A CRUDE OIL PRODUCTION FLOWLINE, KWU #3961 WELL BRAZOS COUNTY, TEXAS 77862 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF 45 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON A PRIVATE POND AND AN UN- NAMED 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 $4,000 FOR THE VIOLATION CITED.