EPA v. FirstEnergy Bay Shore Plant (Oregon) CAFO

Case summary

This enforcement action was filed in response to a diesel fuel spill which occurred on 2/27/2007 when a fractured valve on a Crane Fuel Tank caused the release of an unknown amount of material into a secondary containment area. Snow and ice had accumulated in the secondary containment area causing part of the diesel fuel to flow out of the containment area and resulted in an estimated 5 gallons of fuel reaching Lake Erie. Upon subsequent review of the facility's 2006 SPCC Plan, it was found to be deficient in areas related to providing appropriate containment and/or diversionary structures and equipment for preventing discharged oil from reaching navigable waters. The facility also failed to implement parts of their SPCC Plan related to personnel training, discharge prevention procedures, discharge response protocols and general facility operations.

Defendants (1)

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

Facilities (1)

• FIRSTENERGY CORP - BAY SHORE PLANT

  4701 BAYSHORE ROAD, OREGON, OH, 43616

  Registry ID: 110000384325

Statutes cited

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

Enforcement conclusions (1)

• FirstEnergy Bay Shore Plant (Oregon) CAFOentered 2013-04-02

  Primary law: CWA

  Federal penalty: $41,667 · SEP: $132,938

Timeline (5 milestones)

• 2013-04-02Complaint Filed/Proposed Order
• 2013-04-02Final Order Issued
• 2013-05-09Enforcement Action Data Entered
• 2013-08-16Enforcement Action Closed
• 2013-08-16Pipeline Closed