[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Pages 56553-56554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8287]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States and 
Seaboard Foods LP

    Under 28 CFR 50.7, notice is hereby given that on September 15, 
2006, a proposed consent decree (``Consent Decree'') between the United 
States and Seaboard Foods LP (``Seaboard'') was lodged with the United 
States District Court for the Western District of Oklahoma (Civil 
Action Number: 06-cv-00989-R).
    The Consent Decree would resolve claims asserted by the United 
States in

[[Page 56554]]

a Complaint filed on the same day against Seaboard seeking injunctive 
relief and the assessment of civil penalties for violations of the 
Clean Water Act (CWA), 33 U.S.C. 1311 et seq., and the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 42 
U.S.C. 9601 et seq., at Seaboard's concentrated animal feeding 
operations (CAFOs) in the states of Oklahoma, Colorado, Kansas, and 
Texas.
    Specifically, the Complaint alleges that, due to construction 
activity at its Dorman South Sow Farm Site, located in Beaver County, 
Oklahoma, Seaboard was required to obtain coverage under the National 
Permit Discharge Elimination System (``NPDES'') General Permit for 
Construction Activities (or obtain an individual NPDES permit) and to 
develop and implement a stormwater pollution prevention plan. In the 
course of these construction activities, as well as construction 
activities at one or more of its other CAFO facilities, Seaboard 
allegedly disturbed greater than five acres and discharged pollutants, 
including eroded soil, sediment, and other substances associated with 
earth-disturbing activities, into waters of the United States, without 
a permit, as required by the Clean Water Act.
    In addition, the United States alleges that Seaboard had releases 
of ammonia emissions in excess of 100 pounds per day at its Choate Sow 
Farm, located in Kingfisher County, Oklahoma, as well as at one or more 
other facilities owned by Seaboard. The Complaint alleges that Seaboard 
failed to timely notify the U.S. Environmental Protection Agency's 
National Response Center, as required by section 103(a) of CERCLA, 42 
U.S.C. 9603(a), regarding these releases.
    The Consent Decree provides for the payment of a civil penalty of 
$205,000 and requires Seaboard to implement stormwater discharge and 
erosion measures at 16 farms, as well as to establish and maintain 
buffer strips surrounding sensitive wetland areas at 17 farms--which 
are located in Kingfisher, Beaver, or Texas County, Oklahoma. In 
addition, for five years after entry, the Consent Decree requires 
Seaboard to apply for and comply with the terms of the Construction 
General Permit at any new or existing Seaboard facility where there is 
construction that disturbs greater than one acre, regardless of whether 
the construction is likely to result in a discharge to a water of the 
United States.
    The Consent Decree acknowledges that Seaboard has certified its 
compliance with the requirements set forth in section 103(a) of CERCLA, 
42 U.S.C. 9603(a) and section 304 of the Emergency Planning and 
Community Right to Know Act (``EPCRA''), 42 U.S.C. 11004, to report 
continuous releases of certain air emissions from listed facilities in 
Oklahoma, Texas, Kansas and Colorado. As such, the Consent Decree 
resolves the civil claims of the United States under section 109(c) of 
CERCLA, 42 U.S.C. 9609(c), and section 325 of EPCRA, 42 U.S.C. 11045, 
through the date of lodging, for Seaboard's failure to notify the 
National Response Center, in violation of section 103 of CERCLA, 42 
U.S.C. 9603, and for Seaboard's failure to notify the state emergency 
response commissions and local emergency planning committees, in 
violation of section 304 of EPCRA, 42 U.S.C. 11004, at each of the 
listed facilities.
    Finally, the Consent Decree notes that EPA issued a Monitoring 
Request to Seaboard Farms, Inc. (now Seaboard Foods LP) and Mission 
Funding, LLC on April 2, 2002, pursuant to section 114 of the Clean Air 
Act, 42 U.S.C. 7414, directing it to undertake, complete, and report 
upon the monitoring, measuring, and estimating of certain air 
pollutants. The Consent Decree resolves any civil claims of the United 
States under section 113(b) of the CAA, 42 U.S.C. 7413(b), for failure 
to comply with this Request, and states that entry of the Decree will 
serve to withdraw the Request. In this regard, the lodging of this 
Decree on or before September 15, 2006, serves to validate a separate 
Order of the U.S. EPA Environmental Appeals Board which directly 
addresses the monitoring of air pollutants from Seaboard's facilities, 
entitled Consent Agreement and Proposed Final Order for Animal Feeding 
Operations--Seaboard Foods LP (August 21, 2006).
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Seaboard Food LP, Civil Action No. 06-cv-00989-R; D.J. 
Ref. No. 90-5-1-1-07570.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Western District of Oklahoma, 210 Park Avenue, Suite 
400, Oklahoma City, OK 73102, and at U.S. EPA Region VI, 1445 Ross 
Avenue, Dallas, TX 75202-2733. During the public comment period, the 
Consent Decree, may also be examined on the following Department of 
Justice Web site, to http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Consent Decree may also be obtained by mail from the 
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia 
Fleetwood ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $15.25 
(61 pages at 25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if by e-mail or fax, forward a check in that amount to the 
Consent Decree Library at the stated address.

Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-8287 Filed 9-26-06; 8:45 am]
BILLING CODE 4410-15-M