9/17/2006

Settlement reached with Seaboard & PIC USA

Under two related settlements, Seaboard Foods LP and PIC USA Inc., will take significant steps at many of their facilities to ensure future compliance with environmental laws and to resolve allegations that the companies contaminated groundwater and surface waters near several of their facilities, the Justice Department and the Environmental Protection Agency (EPA) announced today. Seaboard Foods LP, one of the nation’s largest vertically integrated pork producers, is the current owner of more than 200 farms in Oklahoma, Kansas, Texas, and Colorado, and PIC USA, Inc. is the former owner and operator of several of the farms located in Oklahoma now operated by Seaboard.

Under the first consent decree, Seaboard Foods and PIC USA, Inc will pay a civil penalty of $240,000 for violations of the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste statute, dating back to 2001. In the second settlement, Seaboard will pay a civil penalty of $205,000 for failure to comply with the Clean Water Act (CWA) and the Clean Air Act (CAA), and for failure to comply with the continuous release reporting requirements of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right to Know Act (EPCRA). Payment of a $100,000 civil penalty by Seaboard in a separate Air Compliance Agreement with the EPA will be credited toward this amount.

“Today’s settlements represent an excellent result for the people of Oklahoma and a significant commitment by the companies to address the impacts of their operations and to remedy their impacts on ground water and surface waters, said Sue Ellen Wooldridge, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. In securing an extensive program of injunctive relief, we are confident that today’s settlement will help to ensure the protection of drinking water sources in Oklahoma.”

“This settlement represents a significant effort to address the impacts of animal waste handling practices and to bring operations into compliance with all applicable environmental regulations,” said Granta Y. Nakayama, the EPA’s Assistant Administrator for Enforcement and Compliance Assurance.

“People know the value of clean water and air. This settlement represents a significant effort by two major companies to bring their waste handling operations into compliance,” EPA Regional Administrator Richard E. Greene said. “We are pleased with these efforts, which will ensure better air and water near the farms.”

www.breakinglegalnews.com

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