United States v. General American Transportation Corp.

OPINION AND ORDER

COOLAHAN, District Judge:

Defendant is the corporate owner and operator of a tank storage, farm, front ing on the Arthur Kill Waterway at Carteret, New Jersey. The Government has brought an Information against defendant alleging in eight counts violations of the Federal Refuse Act of 1899, 33 U.S.C. § 407. 1 Defendant is charged with allowing, between September 24, 1970 and December 6, 1971, various chemical and petroleum products to enter the waterway from defendant’s facility. Under Rule 12(b)(2) of the Federal Rules of Criminal Procedure, defendant moves to dismiss seven…