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