MEMORANDUM OPINION AND ORDER
GETZENDANNER, District Judge:
Defendant Outboard Marine Corporation ("OMC") has moved to dismiss Counts I and II of the Second Amended Complaint of the United States. For the reasons stated below, the motion is denied.
Count I — The Refuse Act
Count I of the Second Amended Complaint seeks relief under the Refuse Act, 33 U.S.C. § 407.
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