EPA v. FirstEnergy Edgewater Plant (Lorain) CAFO

Case summary

This enforcement action was filed in response to an oil spill which occurred on 11/1/2005 when several tanks in a tank farm were overfilled and discharged approximately 5,950 gallons of oil into a diked containment area. An open valve in the diked area allowed the oil to discharge into Lake Erie. The root cause of the spill was determined to be an out-of-date (1997) SPCC Plan that did not accurately reflect the current conditions of the facility. In addition to failing to review and update/amend the SPCC Plan at least once every three years to reflect changes in facility design, construction, operation or maintenance, Respondent also failed to implement parts of the existing plan that covered employee training, discharge prevention procedures, discharge response protocols and general facility operations.

Defendants (1)

• FirstEnergy Corp. (Akron, OH)Named in complaintNamed in settlement

Facilities (2)

• FIRST ENERGY CORP - EDGEWATER PLANT

  200 OBERLIN AVE, LORAIN, OH, 44052

  Registry ID: 110001617698

• FIRST ENERGY CORP - EDGEWATER PLANT

  200 OBERLIN AVE, LORAIN, OH, 44052

  Registry ID: 110001617698

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• FirstEnergy Edgewater Plant (Lorain) CAFOentered 2013-04-02

  Primary law: CWA

  Federal penalty: $41,666 · SEP: $125,182

Timeline (4 milestones)

• 2013-04-02Complaint Filed/Proposed Order
• 2013-04-02Final Order Issued
• 2013-05-08Enforcement Action Data Entered
• 2013-08-26Enforcement Action Closed