EPA v. OHIO EDISON CO - NILES PLANT

Case summary

STATUTES CLEAN WATER ACT, SECTIONS 309(A)(3), 402; 33 U.S.C. SECTIONS 1319(A)(3), 1342, RESPECTIVELY. ADDRESS OHIO EDISON COMPANY NILES PLANT 1047 BELMONT AVENUE NILES, OHIO 44446 VIOLATION DEFENDANT HAS VIOLATED SECTION 309 OF THE ACT, FOR FAILING TO BEGIN CONSTRUCTION OF A COOLING TOWER IN ACCOR- DANCE WITH A CONDITION SET FORTH IN THE NPDES PERMIT OF THE NILES PLANT. THE PERMIT REQUIRED INITIATION OF CONSTRUCTION BY SEPTEMBER 6, 1985. TO DATE, DEFENDANT HAS NOT BEGUN CONSTRUCTION OF A COOLING TOWER FOR THE PLANT. PROPOSED RELIEF (A) PERMANENT INJUNCTION REQUIRING OHIO EDISON TO COMMENCE AND COMPLETE, AS EXPEDITIOUSLY AS PRACTICABLE, CONSTRUCTION OF A COOLING TOWER FOR ITS NILES PLANT IN ACCORDANCE WITH A SCHEDULE, WITH AN APPROPRIATE INCREMENTS OF PROGRESS, AND REQUIRING FINAL COMPLIANCE WITH THE THERMAL POLLUTION EFFLUENT LIMITATIONS SET FORTH IN THE PLANT'S NPDES PERMIT. (B) CIVIL PENALTY OF A LEAST FOUR HUNDRED AND EIGHTY-THREE THOUSAND DOLLARS ($483,000). CONTACTS WITH DEFENDANT OHIO EDISON, WHILE NOTING THAT THE ENGINEERING/DESIGN WORK FOR THE COOLING TOWER HAS BEEN COMPLETED, WILL NOT AGREE TO START CONSTRUCTION OF THE TOWER UNTIL IT CONCLUDES THAT OPERATION OF THE COOLING TOWER WILL NOT POSE A HAZARD TO THE HEALTH OF RESIDENTS IN THE VICINITY OF THE PLANT. U.S. EPA IS CONVINCED OHIO EDISON'S PUBLIC HEALTH CONCERNS ARE UNFOUNDED. SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES NONE. DATE OF RECEIPT OF INFORMATION WHICH LEAD TO THE DECISION TO INITIATE ENFORCEMENT PROCEEDINGS FEBRUARY 14, 1986. DATE REFERRAL SIGNED BY THE REGIONAL ADMINISTRATOR MARCH 31, 1986. SIGNIFICANT ASPECTS OF THE CASE THIS CASE IS RIPE FOR SUMMARY JUDGMENT ON THE QUESTION OF LIABILITY.

Defendants (1)

• OHIO EDISON CONamed in complaintNamed in settlement

Facilities (1)

• FIRSTENERGY NILES PLANT

  1047 BELMONT AVENUE, NILES, OH, 44446

  Registry ID: 110008581659

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• OHIO EDISON COMPANYentered 1990-06-21

  Primary law: CWA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1986-03-31Referred To Headquarters
• 1986-05-13Referred To Dept Of Justice
• 1987-05-08Complaint Filed With Court
• 1990-06-21Concluded
• 1990-06-21Enforcement Action Closed
• 1990-06-21Final Order Lodged
• 1990-06-21Final Order Entered