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

Case summary

1. SECTION 1431(A) OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300I(A). 2. SEABORD FARMS, INC., A DELAWARE CORPORATION SHAWNEE FUNDING LIMITED PARTNERSHIP, A DELAWARE PARTNER- SHIP PIC INTERNATIONAL GROUP, INC., A DELAWARE OWNER/OPERATOR FACILITIES: LACEY 1; LACEY 3; LACEY 4; LACEY 6; AND FAIR- VIEW NURSERY COMPLEX KINGFISHER AND MAJOR COUNTIES, OKLAHOMA 3. RESPONDENTS WERE IN VIOLATION OF SECTION 1431 OF THE SDWA BY THE DISCHARGE OF POLLUTANTS INTO AN UNDERGROUND SOURCE OF DRINKING WATER WHICH PRESENTS AN IMMINENT AND SUBSTAN- IAL ENDANGERMENT TO THE HEALTH OF PERSONS DRINKING THE WATER. 4. RELIEF SOUGHT PURSUANT TO SECTION 1431(A) OF THE SDWA, EPA ISSUED THE RESPONDENTS AN EMERGENCY ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RESPONDENTS TO: 1) WITHIN 24 HOURS, NOTIFY EPA OF INTENT OF COMPLY; 2) WITHIN 24 HOURS DELIVER AN EMERGENCY SUPPLY OF WATER TO RESIDENTS AND EM- PLOYEES; 3) EVERY 7 DAYS, DELIVERY WATER TO THE RESIDENTS AND EMPLOYEES; 4) WITHIN 14 DAYS, NOTIFY EPA OF THE DE- LIVERY OF WATER, QUANTITY AND DATES OF DELIVERY; 5) WITH- IN 15 DAYS, SUBMIT TO EPA FOR APPROVAL, AN INVESTIGATION PLAN; 6) WITHIN 14 DAYS, ISSUE WRITTEN PUBLIC NOTICE BY PUBLICATION OF THE EXCEEDANCES; AND 6) WITHIN 14 DAYS, PREPARE AND DISTRIBUTE A FACT SHEET DETAILING THE HAZARDS ASSOCIATED WITH DRINKING CONTAMINATED WATER TO THE EM- PLOYEES.

Defendants (3)

• PIC INTERNATIONAL GROUP, INC.Named in settlement
• SEABOARD FARMS, INC.Named in settlement
• SHAWNEE FUNDING LIMITED PARTNERSHIPNamed in settlement

Facilities (5)

• FAIRVIEW NURSERY COMPLEX (FAIRVIEW NURSERY 1-4)

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

  Registry ID: 110010660560

• 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 4 (AKA GRIMES FINISHER; F425)

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

  Registry ID: 110013719066

• LACEY 6 (AKA MILLER; F426)

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

  Registry ID: 110013719093

• LACEY 3 (AKA WATSON; F424)

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

  Registry ID: 110013719191

Statutes cited

• SDWA 1431 — Emergency Powers

Enforcement conclusions (1)

• SEABORD FARMS, INC., SHAWNEE FUNDING LIMITED PARTNentered 2001-06-07

  Primary law: SDWA

Timeline (4 milestones)

• 2001-06-07Final Order Issued
• 2001-06-07Complaint Filed/Proposed Order
• 2001-06-08Enforcement Action Data Entered
• 2002-03-29Enforcement Action Closed