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In the matter of: FirstEnergy Generation Corp.

Docket No. CWA-05-2013-0004

Posted: Jan 10, 2013
Comment period ends: Feb. 19, 2013

The U.S. Environmental Protection Agency, Region 5, is providing this notice of its intent to file a proposed Consent Agreement and Final Order (CAFO) against FirstEnergy Generation Corp. (Respondent) for violations of the Clean Water Act (CWA). This CAFO will settle EPA's allegations that Respondent violated the CW A by discharging oil into or upon navigable waters of the United States in harmful quantities, and by failing to maintain and implement a Spill Prevention Control and Countermeasure Plan that complies with all requirements of 40 C.F.R. Part 112.

In the proposed CAFO, EPA and Respondent have agreed that Respondent will pay a civil penalty of $41,667 to resolve the alleged CWA violations. The Respondent will also complete a supplemental environmental project (SEP) to protect the environment and public health. The Respondent will donate and transfer fee title to 78.04 acres of land located near Lake Erie in North Kingsville, Ohio to CVG, Inc., a wholly owned subsidiary of the Western Reserve Land Conservancy (WRLC) for the permanent protection and preservation of the property. The property contains high quality wetlands, bedrock streams, direct tributaries to Lake Erie, and provides important habitat for numerous species. WRLC is a non-profit organization with the mission to preserve northeast Ohio's natural resources. FirstEnergy will receive $135,833 in penalty mitigation for the SEP, bringing the value of the total settlement to $177,500.

Any person who wishes to comment on the proposed CAFO may submit written comments, may attend or present evidence at any hearing scheduled on this matter, or both, by Feb. 19, 2013

Written comments may be submitted to the Regional Hearing Clerk electronically, by mail or by delivery to:

Docket No. CWA-05-2013-0004
Regional Hearing Clerk
Mail Code E-19J
U.S. Environmental Protection Agency Region 5
77 W Jackson Blvd
Chicago, IL 60604

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