EPA v. SEABOARD FARMS, INC., SHAWNEE FUNDING ITD. PARTNERSHIP, PIC

Case summary

1. SECTION 1431(A) OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300I(A). 2. SEABORD FARMS, INC. SHAWNEE FUNDING LIMITED PARTNERSHIP PIC USA, INC. SEE SCREEN 4 FOR THE FACILITIES. 3. RESPONDENTS HAVE CONTRIBUTED TO THE INTRODUCTION TO AN UNDERGROUND SOURCE OF DRINKING WATER OF NITRATE. THE CON- TAMINANT INTRODUCED BY THE RESPONDENTS IS PRESENT OR LIKELY TO ENTER AN UNDERGROUND SOURCE OF DRINKING WATER. BASED UPON THE EVIDENCE, EPA DETERMINES THAT RESPONDENTS' INTRODUCTION OF A CONTAMINANT, WHICH ENTERED A USDW, MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE HEALTH OF PERSONS. NITRATE CONTAMINATION IN THE SOIL AND GROUND WATER AT THE FACILITY AND IN THE VICINITY WILL CONTINUE TO THREATEN HUMAN HEALTH AND THE ENVIRONMENT. EPA FINDS THAT THERE MAY BE AN IMMINENT AND SUBSTANTIAL RISK OF HARM TO PEOPLE DRINKING WATER FROM WELLS CONTAMI- NATED BY THE RESPONDENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 1431 OF THE SDWA, EPA ISSUED AN AMENDED EMERGENCY ADMINISTRATIVE ORDER (AO) TO THE RESPONDENTS. THE ACTIONS REQUIRED BY THE AO ARE NECESSARY TO PROTECT THE HEALTH OF PERSONS WHO ARE CUR- RENTLY CONSUMING OR WHO MAY CONSUME OR USE WATER FROM THE CONTAMINATED PORTION OF THE SURFICIAL AQUIFER.

Defendants (3)

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

Facilities (5)

• 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

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

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

  Registry ID: 110010778391

• FAIRVIEW NURSERY COMPLEX (FAIRVIEW NURSERY 1-4)

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

  Registry ID: 110010660560

• LACEY 4 (AKA GRIMES FINISHER; F425)

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

  Registry ID: 110013719066

Statutes cited

• SDWA 1431 — Emergency Powers

Enforcement conclusions (1)

• SEABOARD FARMS, INC., SHAWNEE FUNDING LTD. PARTNERentered 2002-03-29

  Primary law: SDWA

Timeline (5 milestones)

• 2002-03-29Complaint Filed/Proposed Order
• 2002-03-29Final Order Issued
• 2002-04-02Enforcement Action Data Entered
• 2006-09-15Enforcement Action Closed
• 2006-09-15Compliance Achieved