NEW CUMBERLAND — A landowner is suing FirstEnergy Corporation, FirstEnergy Generation LLC and FirstEnergy Solutions Corporation, power generating plant operators, citing alleged reckless, willful and wanton conduct.
Northern Hancock Bank & Trust Company filed a complaint on July 11 in Hancock Circuit Court against the defendants alleging that they violated a National Pollutant Discharge Elimination System permit and the Clean Water Act.
According to the complaint, the plaintiff alleges that its real property has been invaded by hazardous substance released from a large unlined solid waste disposal impoundment, which caused leaching and seepage of contaminated water onto its property. The plaintiff holds FirstEnergy Corporation, FirstEnergy Generation LLC and FirstEnergy Solutions Corporation responsible because the defendants allegedly used the impoundment as a dumping ground for solid waste from their power generating station and breached their duty of care by negligently operating and managing the impoundment.
The plaintiff requests a trial by jury and seeks compensatory damages, attorneys' fees, costs and expenses, pre- and post-judgment interest and such other relief that is equitable. It is represented by Thomas J. Decapio, Kevin M. Pearl and Carl A. Frankovitch of Frankovitch, Anetakis, Colantonio & Simon in Chester.
Hancock Circuit Court Case number 16-C-96