THIS ACTION CONCERNS VIOLATIONS OF CLEAN WATER ACT SECTION 311 AND EPA'S SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) REGULATIONS COMMITTED BY BERRY PETROLEUM COMPANY. IN DECEMBER 1993, BERRY SPILLED ABOUT 2,000 BARRELS OF CRUDE OIL FROM AN OIL PRODUCTION FACILITY INTO A WETLAND AREA LOCATED ADJACENT TO MCGRATH STATE BEACH, NEAR OXNARD, CALIFORNIA. THE CRUDE OIL ALSO REACHED THE PACIFIC OCEAN AND COATED NEARBY BEACHES. THE SPILL CAUSED DOCUMENTED BIRD KILLS AND DAMAGED SENSITIVE WETLAND HABITAT. THE SPILL CAUSED, IN LARGE PART, FROM BERRY'S NEGLIGENT FAILURE TO IMPLEMENT ITS SPCC PLAN, IN VIOLATION OF EPA'S SPCC REGULATIONS, 40 C.F.R. PART 112.