1. SECTION 1431(A) OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300I(A). 2. SEABORD FARMS, INC. SHAWNEE FUNDING LIMITED PARTNERSHIP PIC USA, INC. SEE SCREEN 4 FOR THE FACILITIES. 3. RESPONDENTS HAVE CONTRIBUTED TO THE INTRODUCTION TO AN UNDERGROUND SOURCE OF DRINKING WATER OF NITRATE. THE CON- TAMINANT INTRODUCED BY THE RESPONDENTS IS PRESENT OR LIKELY TO ENTER AN UNDERGROUND SOURCE OF DRINKING WATER. BASED UPON THE EVIDENCE, EPA DETERMINES THAT RESPONDENTS' INTRODUCTION OF A CONTAMINANT, WHICH ENTERED A USDW, MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE HEALTH OF PERSONS. NITRATE CONTAMINATION IN THE SOIL AND GROUND WATER AT THE FACILITY AND IN THE VICINITY WILL CONTINUE TO THREATEN HUMAN HEALTH AND THE ENVIRONMENT. EPA FINDS THAT THERE MAY BE AN IMMINENT AND SUBSTANTIAL RISK OF HARM TO PEOPLE DRINKING WATER FROM WELLS CONTAMI- NATED BY THE RESPONDENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 1431 OF THE SDWA, EPA ISSUED AN AMENDED EMERGENCY ADMINISTRATIVE ORDER (AO) TO THE RESPONDENTS. THE ACTIONS REQUIRED BY THE AO ARE NECESSARY TO PROTECT THE HEALTH OF PERSONS WHO ARE CUR- RENTLY CONSUMING OR WHO MAY CONSUME OR USE WATER FROM THE CONTAMINATED PORTION OF THE SURFI