notice

1. Cargill is a “Person” Under the SWDA
Cargill is a corporation that is a “person” under 42 U.S.C. § 6903(15) 5 .
2. The Poultry Processing Waste and Construction Waste and Debris
Handled, Stored, Transported, and Disposed of by Cargill is “Solid
Waste” and “Hazardous Waste”
Poultry processing waste is discarded material that is and has been handled, stored,
transported, and disposed of each day by Cargill since August 27, 2001. Such waste is
“solid waste” under both the statutory definition of the term at 42 U.S.C. § 6903(27) and
the regulatory definition at 40 CFR § 257.2 6 . This waste includes discarded solid,
semisolid, and liquid material from industrial operations. Moreover, various constituents
in the waste constitute “hazardous waste” under 40 CFR § 261.3. These constituents
include chemical disinfectants such as sulfuric acid and quaternary ammonia and
quaternary ammonium, biocides such as TBT, and other toxic or hazardous substances
present in the waste such as arsenic, selenium, copper and zinc.
Additionally, Cargill has dumped solid waste on land owned by Cargill at its Timberville
poultry processing facility, and in the waters of the North Fork itself. The dumped solid
waste includes but is not limited to construction debris, boards, trash, large blocks of
rock, and other assorted debris. The dumped waste remains on the banks of, and directly
in, the North Fork of the Shenandoah River, contributing to violations of water quality
standards by impeding navigation, disfiguring the stream bottom, endangering the health
and safety of fishermen, swimmers, boaters, and other recreational users, and impairing
the aesthetic, aquatic, and recreational uses of the River.
3. Cargill Contributes, and Has Contributed to, the Handling,
Storage, Transportation, and Disposal of Solid Waste and Hazardous
Waste
Poultry processing operations of Cargill generate over 0.1 MGD of highly concentrated
poultry processing waste at its facilities in Timberville, Virginia. After the waste is
generated, Cargill stores it, handles it, and transports it to the NFMRR for ultimate
disposal each day in the same manner it has done since August 27, 2001. In so doing,
Cargill contributes, and has contributed to, the handling, storage, and transportation of
Solid Waste and Hazardous Waste.
5 The term “person” in 42 U.S.C. § 6903(15) is defined to include: “an individual, trust, firm, joint stock company, corporation
(including a government corporation), partnership, association…”
6 “Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in
domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). “
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