EPA v. PAGANO SALVAGE YARD

Case summary

THIS IS A REFERRAL UNDER CERCLA SECTION 107 FOR THE RECOUPME NT OF FUND MONIES EXPENDED THROUGH JANUARY 31, 1993, AT THE PAGANO SALVAGE YARD SITE IN LOS LUNAS, NEW MEXICO. THROUGH THAT DATE, A TOTAL OF $2,502,632.09 PLUS INTEREST WAS SPENT ON RESPONSE MEASURES UNDERTAKEN AT PAGANO SALVAGE. THE EPA ADDITIONALLY SEEKS A DECLARATORY JUDGMENT UNDER SEC. 113(G)( 2) OF CERCLA FOR LIABILITY WITH REGARD TO ALL COSTS INCURRED AT THE SITE. PAGANO SALVAGE IS LOCATED BETWEEN EDEAL ROAD AND THE PERALTA RIVERSIDE DRAIN, ABOUT ONE MILE SOUTHEAST OF THE CITY OF LO S LUNAS, NEW MEXICO. THE PERALTA DRAIN CONVERGES WITH THE O TERO DRAIN APPROXIMATELY 1.5 MILES NORTH OF THE PAGANO SITE. LOST LUNAS IS LOCATED SOUTH OF ALBUQUERQUE, NEW MEXICO. T HE PERALTA DRAIN IS THE INTERIOR DRAINAGE PATHWAY FOR THE EA ST FLOOD CONTROL LEVEE OF THE RIO GRANDE RIVER. THE PERALTA DRAIN IS USED FOR IRRIGATION, LIVESTOCK WATERING AND SPORT FISHING. SPECIES OF FISH CAUGHT FROM THE PERALTA DRAIN INCLUDE CHANNEL CAT, WHITE SUCKER, AND RAINBOW TROUT. THE SALVAGE YD IS BORDERED BY THE PERALTA DRAIN ON THE WEST, AND IRRIGATION RETURN FLOW DITCH ON THE SOUTH, EDEAL ROAD ON TH E EAST AND A LIVESTOCK PASTURE ON THE NORTH. SITE DRAINAGE FLOWS SOUTHWEST, INTO THE PERALTA DRAIN. THE SITE IS AN ACTIVE FACILITY THAT SPECIALIZES IN HIGH TEC H SALVAGE MATERIALS SUCH AS DISCARDED COMPUTERS AND LABORAT ORY EQUIPMENT. MUCH OF THIS EQUIPMENT IS PURCHASED IN SEALE D BID AUCTIONS FROM FEDERAL FACILITIES IN THE ALBUQUERQUE, N EW MEXICO AREA. A SIGNIFICANT AMOUNT OF THE EUQIPMENT IS SU BSEQUENTLY SOLD TO SALVAGE COMPANIES IN TAIWAN. THE SALVAGE YARD WAS ESTABLISHED IN THE EARLY 1960'S BY CARMEN PAGANO. SINCE MR. PAGANO'S DEATH IN 1982, THE SITE H AS BEEN OPERATED BY HIS STEPSON, DAVID PELUCHETTE. THE MAIN PORTION OF THE SITE IS CURRENTLY OWNED BY MR PAGANO'S WIDOW , MARY PAGANO. THE NORTHERN PORTION OF THE SITE IS LEASED F ROM ITS OWNER, MYRTLE SMITH.

Defendants (4)

• PAGANO, MARYNamed in complaintNamed in settlement
• PELVCHETTE, DAVID
• SANDIA CORP.
• SMITH, MYRTLE

Facilities (1)

• PAGANO SALVAGE YARD

  102 EDEAL ROAD, LOS LUNAS, NM, 87031

  Registry ID: 110010646024

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• USA V. MARY PAGANO, ET AL.entered 1993-10-27

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-03-25Enforcement Action Data Entered
• 1993-03-25Referred To Dept Of Justice
• 1993-10-18Complaint Filed With Court
• 1993-10-27Final Order Lodged
• 1993-10-27Final Order Entered
• 1993-10-27Concluded
• 1995-01-20Enforcement Action Closed