OPINION
DIAMOND, District Judge.
In September of 1988, a grand jury returned a two-count indictment against Ashland Oil, Inc. ("Ashland"), for alleged criminal violations arising out of an oil spill from an Ashland storage tank at Ashland's Floreffe, Pennsylvania, facility on January 2, 1988. Count I of the indictment charges Ashland with violating the Refuse Act of 1899, 33 U.S.C. §§ 407, 411. Count II charges Ashland with violating the Clean...
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