CONRAIL OWNS A COAL HANDLING AND STORAGE FACILITY LOCATED ON THE BANKS OF THE ASHTABULA RIVER, E=NEAR ASHTABULA, OHIO. THE FACILITY IS OPERATED FOR CONRAIL BY A CONTRACTOR, THE LO LOWER LAKE DOCK COMPANY (HEREINAFTER, 'LOWER LAKE'). IN 1968, CONRAIL'S PREDECESSOR, PENN CENTRAL TRANSPORTATION CO. INSTALLED A COAL CONVEYOR TO TRANSPORT COAL RECIEVED AT THE HANDLING FACILITY ON THE EAST SIDE OF THE RIVER TO STORAGE PILES ON THE WEST SIDE. THE UNENCLOSED CONVEYOR PASSES ABOVE COAST GUARD STATION ASHTABULA. THE COAL CONVEYOR IS A CONSTANT SOURCE OF FUGITIVE COAL FINES AND SLURRY WHICH ARE DROPPED FROM THE CONVEYOR AND ENTER THE RIVER. BECAUSE THE COAST GUARD STATION IS ADJACENT TO AND BENEATH THE CONVEYOR, ITLIKEWISE IS OFTEN DRENCHED WITH THE SLURRY AND COATED WITH COAL FINES. IN ADDITION, OPEN STORAGE PILES ON THE WEST SIDE OF OF THE FACILITY ARE A CONSTANT SOURCE OF AIR- BORNE COAL DUST AND COAL CONTAMINATED RUN-OFF. NEITHER CON- RAIL NO LOWER LAKE HAVE AN NPDES PERMIT AUTHORIZING THE DIS- CHARGE OF COAL FINES, SLURRY, OR COAL PILE RUNOFF INTO THE THE VIOLATIONS OF THE CLEAN WATER ACT BY CONRAIL AND LOWER LAKE ARE UNCOMPLICATED. THEIR SIMPLICITY IS OBSCURED, HOW- EVER, BY THE TORTUOUS ENFORCEMENT HISTORY OF THE ASHTABULA FACILITY. IN 1971, THE UNITED STATES FILED AN ACTION IN THE U.S. DISTRICT COURT, NORTHERN DISTRICT OF OHIO, AGAINST PENN CENTRAL TRANSPORTATION COMPANY. THE