EPA v. CIMARRON PORK, INCORPORATED, AN OKLAHOMA CORPORATION

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. CIMARRON PORK, INCORPORATED, AN OKLAHOMA CORPORATION S/2 OF SECTION 20, TOWNSHIP 19 NORTH, RANGE 3 WEST MULHALL, LOGAN COUNTY, OKLAHOMA 73063 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF POLLUTANTS TO WATERS OF THE U.S. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENT TO: A) WITHIN 24 HOURS, BEGAN REMOVAL OF ALL CARCASSES FROM THE CREEK BED AND FINISH REMOVAL WITHIN 10 DAYS; B) WITHIN 5 DAYS, BE- GIN REMOVAL OF IMPROPERLY DISPOSED CARCASSES FROM THE EMERGENCY BURIAL AREA AND FINISH REMOVAL WITHIN 10 DAYS; C) WITHIN 5 DAYS, CONSTRUCT A TEMPORARY STORAGE AREA TO STORE THE REMOVED CARCASSES; D) ALL SWINE CARCASSES RE- COVERED SHALL BE INCINERATED; E) UPON INCINERATION, ALL REMAINS SHALL BE DISPOSED IN A MANNER THAT MEETS ALL STATE ENVIRONMENTAL AND HEALTH REGULATIONS; F) CONDUCT AN INVESTIGATION OF THE DISPOSAL OF HOG CARCASSES TO DETER- MINE COMPLIANCE WITH APPLICABLE STATE LAW REGARDING BUR- IAL; G) INCINERATION OF ALL CARCASSES SHALL BE COMPLETED WITHIN 30 DAYS, H) USE ALL REASONABLE MEASURES TO PREVENT THE OFF-SITE MIGRATION OF LAGOON SEEPAGE OR OTHER CONTAM- INATED LIQUID; I) IF CONSTRUCTION IN A WETLAND, SUCH A STREAMIS NECESSARY, WORK WILL BE INITIATED IN CONSULTA- TION WITH COE; J) ACCESS TO THE FACILITY WILL BE GIVEN TO EPA AND ODA; K) WITHIN 24-HOURS, PROVIDE EPA NOTIFICATION OF INTENT TO COMPLY WITH THE AO; AND L) WITHIN 15 DAYS, ARRANGE TO MEET WITH EPA AND SHOW CAUSE.

Defendants (1)

• CIMARRON PORK, INCORPORATEDNamed in settlement

Facilities (1)

• CIMARRON PORK, INC

  S/2 OF SEC. 20, TOWNSHIP 19 NORTH, RANGE 3 W, MULHALL, OK, 73063

  Registry ID: 110010589283

Statutes cited

• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• CIMARRON PORK, INCORPORATEDentered 2000-05-25

  Primary law: CWA

Timeline (4 milestones)

• 2000-05-25Complaint Filed/Proposed Order
• 2000-05-25Final Order Issued
• 2000-06-05Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed