notice

Cargill contributes to the disposal Cargill of poultry processing waste in several ways.
First, Cargill disposes of poultry processing wastes by sending them each day to an entity
that cannot provide adequate treatment to the wastes that satisfies discharge permit limits
in VA 0092063. This is akin to directly disposing such wastes into the North Fork. Next,
Cargill has transported, and continues to transport, substances in poultry processing waste
such as sulfuric acid, quaternary ammonia, quaternary ammonium, and tributyltin, that
they disable the biological treatment units at the NFMRR. Third, Cargill has,
intermittently since August 27, 2001, disposed of poultry processing wastes on land, and
into adjacent waters, via overflows at various pump stations on their property that are part
of the collection system for the poultry processing wastewater. As such, Cargill
contributes, and has contributed to, the “disposal” of Solid Waste and Hazardous Waste.
Additionally, with regard to the construction waste and debris that has been dumped in
riparian areas adjacent to the Cargill facility, and into the North Fork, Cargill has
contributed, and continues to contribute to, to the handling, storage, transportation and
disposal of hazardous and solid waste. Solid waste dumped by Cargill on riparian land
and directly into the North Fork includes construction debris, boards, trash, large blocks
of rock, and other assorted debris. These wastes were handled by Cargill, and were
transported to and disposed of both on the banks of the North Fork and in the North Fork
itself. These wastes cause substantial damage to the environment and continue to violate
water quality standards by impairing aesthetic, recreational, navigational and aquatic uses
of the water, smothering aquatic habitat, endangering boaters, fishermen and swimmers,
inundating riparian wetlands and floodplain, and altering the hydrology of the North
Fork.
B. The Solid Waste or Hazardous Waste Contributed By Cargill May
Present an Imminent or Substantial Endangerment to Health or the
Environment
Under Section 7002(a)(1)(B) of the SWDA, 42 U.S.C. § 6972(a)(1)(B), a person who has
contributed, or is contributing, to the handling, storage, treatment, transportation or
disposal of solid or hazardous waste that may present an imminent and substantial
endangerment to health or the environment may be held liable under the SWDA. The
wastes that have been generated, stored, transported, and disposed by Cargill each day
since August 27, 2001, and continue to be generated, stored, transported, and disposed by
Cargill, including the wastes that were dumped by Cargill on the banks of the North Fork
and in the river itself, present an imminent and substantial endangerment to the health
and the environment.
1. Environmental Damage in the Shenandoah River, Potomac River
and Chesapeake Bay Watersheds is an Indicator of Endangerment to
Health or the Environment
The degraded condition of water quality downstream of the NFMRR discharge, which
consists largely of untreated or partially-treated poultry processing waste that PPC and
Cargill transport to the NFMRR for disposal, is beyond dispute. While aquatic habitat
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