[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Notices]
[Pages 56554-56555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8288]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States and 
Seaboard Foods LP and PIC USA, Inc.

    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 and PIC USA, Inc. was lodged with the 
United States District Court for the Western District of Oklahoma 
(Civil Action Number: 06-cv-00990-R).
    The Consent Decree would resolve claims asserted by the United 
States in a Complaint filed on the same day against Seaboard Food LP 
and PIC USA, Inc. (collectively, ``Defendants'') seeking injunctive 
relief and assessment of civil penalties for violations of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq., at certain 
concentrated animal feeding operations in Oklahoma that are now owned 
and/or operated by Seaboard Foods LP and were, at the relevant time, 
owned and/or operated by PIC USA, Inc.
    Specifically, the Complaint alleges that on June 26, 2001, EPA 
issued an Administrative Order pursuant to RCRA 7003(b), 42 U.S.C. 
6973(b), Order No. RCRA-06-2001-0908, to Seaboard Farms, Inc. (now 
Seaboard Foods LP) and PIC International Group, Inc., concerning the 
following farms: (a) Lacey (a.k.a. Bryan Sow & Norris Farms), located 
in Kingfisher County, Oklahoma; (b) Lacey 3 (a.k.a. Watson), located in 
Kingfisher County,

[[Page 56555]]

Oklahoma; (c) Lacey 4 (a.k.a. Grimes Finisher), located in Kingfisher 
County, Oklahoma; (d) Lacey 6 (a.k.a. Miller) located in Kingfisher 
County, Oklahoma; (e) Fairview Nursery Complex (Fairview Nurseries 1-
4), located in Major County, Oklahoma. The Order requires the 
Defendants to identify, investigate, and prevent the mishandling of any 
solid waste which may present an imminent and substantial endangerment 
to human health and/or the environment and to ensure that remedial 
action deemed necessary by the EPA be designed and implemented to 
protect human health and/or the environment. The Complaint alleges that 
Defendants willfully violated, or failed or refused to comply with the 
Administrative Order issued by EPA.
    The Consent Decree provides for the payment of a civil penalty of 
$240,000 and requires Defendants to perform various groundwater 
remediation and source control measures (including infrastructure 
repairs, lagoon removals, and soil, leachate, and groundwater testing 
and monitoring related to the land application of effluent) at the 
above-named farms, as well as the Choate Sow Farm, located in 
Kingfisher County, Oklahoma.
    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 Foods LP and PIC USA, Inc., Civil Action No. 
06-cv-00990-R; D.J. Ref. No. 90-5-1-1-07570/1. Commenters may request 
an opportunity for a public meeting in the affected area, in accordance 
with section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    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 $16.75 
(67 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 
Coastal Decree Library at the stated address.

Thomas A. Mariani, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-8288 Filed 9-26-06; 8:45 am]
BILLING CODE 4410-15-M