EPA v. SEABOARD FARMS, INC., SHAWNEE FUNDING LIMITED PARTNERSHIP, P

Case summary

1. SECTION 7003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT, AS AMENDED ( RCRA ), 42 U.S.C. SECTION 6973. 2. SEABOARD FARMS, INC., AN OKLAHOMA CORPORATION SHAWNEE FUNDING LIMITED PARTNERSHIP, A DELAWARE PARTNER- SHIP PIC INTERNATIONAL GROUP, INC., A DELAWARE CORPORATION FACILITIES: SEE SCREEN 4 FOR ADDRESSES. 3. BASED ON THE FINDINGS OF FACT, THE ADMINISTRATIVE RECORD, THE DIRECTOR THE COMPLIANCE ASSURANCE AND ENFORCEMENT DIVISION, EPA REGION HAS DETERMINED THAT: 1) CERTAIN MA- TERIALS (OR SUBSTANCES) FOUND, HANDLED, AND MANAGED AT THE FACILITIES ARE SOLID WASTE; 2) THERE IS, OR HAS BEEN, A MISHANDLING OF SOLID WASTE; 3) THE PAST AND/OR PRESENT MISHANDLING OF SOLID WASTE AT THE FACILITIES MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH AND/OR THE ENVIRONMENT; AND 4) RESPONDENTS HAVE CONTRIBUTED TO THE HANDLING, STORAGE, AND/OR DISPOSAL OF SOLID WASTE WHICH MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGER- MENT TO HUMAN HEALTH AND/OR THE ENVIRONMENT. 4. RELIEF SOUGHT PURSUANT TO SECTION 7003 OF RCRA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) THAT ORDERED THE RESPONDENTS TO: 1) PERFORM A FIELD ANALYSIS (FA) TO FULLY DETERMINE THE NATURE AND EXTENT OF ANY RE- LEASE(S) OF SOLID WASTE AT OR FROM THE FACILITIES; 2) PERFORM A REMEDIAL PROCEDURES ANALYSIS (RPA) TO IDENTIFY AND EVALUATE ALTERNATIVES FOR REMEDIAL ACTION(S) TO PRE- VENT OR MITIGATE ANY RELEASE(S) OF SOLID WASTE AT OR FROM THE FACILITIES, AND TO COLLECT ANY OTHER INFORMATION NE- CESSARY TO SUPPORT THE SELECTION OF REMEDIAL PROCEDURES AT THE FACILITIES; AND 3) IMPLEMENT THE REMEDIAL PROCED- URE OR PROCEDURES (REMEDIAL PROCEDURES IMPLEMENTATION (RPI) SELECTED BY THE EPA FOR THE FACILITIES.

Defendants (4)

• PIC INTERNATIONAL GROUP, INC.
• SEABOARD FARMS, INC.Named in settlement
• SHAWNEE FUNDING LIMITED PARTNERSHIPNamed in settlement
• Pig Improvement Company USA, Inc.Named in complaintNamed in settlement

Facilities (5)

• LACEY 1 (AKA BRYAN SOW & NORRIS FARMS: F62)

  N/2, SECTION 18, TOWNSHIP 19 N, RANGE 8 W, KINGFISHER, OK, 73750

  Registry ID: 110010778391

• LACEY 6 (AKA MILLER; F426)

  NE/4., SECTION 19, TOWNSHIP 18 N, RANGE 7 W, KINGFISHER, OK, 73750

  Registry ID: 110013719093

• LACEY 4 (AKA GRIMES FINISHER; F425)

  NW/4, SECTION 2, TOWNSHIP 18 N, RANGE 8 W, KINGFISHER, OK, 73750

  Registry ID: 110013719066

• FAIRVIEW NURSERY COMPLEX (FAIRVIEW NURSERY 1-4)

  PARTS OF SECTION 30, TOWNSHIP 20 N, RANGE 14 W, FAIRVIEW, OK, 73737

  Registry ID: 110010660560

• LACEY 3 (AKA WATSON; F424)

  SE/4, SECTION 27, TOWNSHIP 19 N, RANGE 8 W, KINGFISHER, OK, 73750

  Registry ID: 110013719191

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• SEABORAD FARMS, INC., SHAWNEE FUNDING LIMITED PARTentered 2001-06-26

  Primary law: RCRA

  Federal penalty: $245,000

Timeline (3 milestones)

• 2001-06-26Complaint Filed/Proposed Order
• 2001-06-26Final Order Issued
• 2001-06-27Enforcement Action Data Entered