EPA v. FIRSTENERGY SOLUTIONS CORP (HATFIELD FERRY POWER STATION), IN RE

Case summary

On October 15, 2018, the United States Department of Justice ( DOJ ), on behalf of U.S. EPA Region III, filed proofs of claim against FirstEnergy Solutions Corp. and six affiliated companies (collectively the Debtors ) in the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division in a matter captioned, In re FirstEnergy Solutions Corp. No. 18-50757. EPA Region III has identified two facilities, Hatfield Ferry Power Station, located in Monongahela Township, Pennsylvania and the Bruce Mansfield/Little Blue Run Waste Disposal Impoundment, located in Shippingport, Pennsylvania, each of which is owned by at least one of the Debtors. Each of these facilities include impoundments where coal combustion residuals were and/or are being disposed of, and if these facilities are not properly monitored and maintained in accordance with applicable laws and regulations, they could pose a threat to human health and the environment because of the release of hazardous substances, contaminants and/or pollutants. PADEP also filed proofs of claim in this bankruptcy and has entered into a Joint Prosecution Agreement with the United States. The proofs of claim: (1) reserve EPA?s right to ensure that Debtors remain obligated to comply with their current and future regulatory obligations under RCRA D; (2) preserve EPA?s injunctive authority to compel Debtors to conduct any future response actions required at the facilities and/or abate any imminent and substantial endangerment to human health or the environment caused by releases of solid waste, hazardous substances, contaminants, and/or pollutants from the facilities; and (3) affirm EPA?s authority to enforce Debtors? future compliance with its NPDES permits and the CWA in general.

Defendants (8)

• FE AIRCRAFT LEASING CORP
• FIRSTENERGY GENERATION MANSFIELD UNIT 1 CORPNamed in complaint
• FIRSTENERGY NUCLEAR OPERATING CONamed in complaint
• NORTON ENERFGY STORAGE L.L.C
• FE AIRCRAFT LEASING CORPNamed in complaint
• FIRSTENERGY NUCLEAR GENERATION, LLCNamed in complaint
• FIRSTENERGY GENERATION, LLCNamed in complaint
• FIRSTENERGY SOLUTIONS CORPNamed in complaint

Facilities (1)

• HATFIELDS FERRY POWER STATION

  2907 EAST ROYFURMAN HWY, MONONGAHELA, PA, 15461-0728

  Registry ID: 110070379795

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CWA 301 — NPDES Discharge without a Permit
• CERCLA 107C3 — Treble Damages

Timeline (3 milestones)

• 2018-09-28Referred To Dept Of Justice
• 2018-10-02Enforcement Action Data Entered
• 2018-10-15Complaint Filed With Court