EPA v. SPARTON TECHNOLOGY, INC.

Case summary

1. SECTION 7003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ) AND SECTION 1431 OF THE SAFE DRINKING WATER ACT ( SDWA ). 2. SPARTON TECHNOLOGY, INC. COORS ROAD FACILITY ALBUQUERQUE, NEW MEXICO 3. SPARTON MANUFACTURED ELECTRONIC COMPONENTS FROM 1961 TO 1994, AND PAST WASTE MANAGEMENT PRACTICES PRODUCED A CON- TAMINANT PLUME IN THE GROUND WATER CONTAINING SOLVENTS SUCH AS TRICHLOROETHYLENE (TCE). THE LEADING EDGE OF THIS CONTAMINANT PLUME IS APPROXIMATELY 1/2 MILE BEYOND THE FACILITY BOUNDARY. CONCENTRATIONS OF TCE IN THE GROUND WATER ARE AS HIGH AS 7.6 PARTS PER MILLION (PPM), WHICH IS OVER 1000 TIMES THE MAXIMUM CONTAMINANT LEVEL OF 0.005 PPM FOR DRINKING WATER UNDER THE SDWA. GROUND WATER IS THE SOLE SOURCE OF DRINKING WATER FOR THE CITY OF ALBU- QUERQUE, AND A PUBLIC WATER SUPPLY WELL IS APPROXIMATELY 2 MILES DOWNGRADIENT FROM THE LEADING EDGE OF THE CON- TAMINANT PLUME. SPARTON HAS BEEN INVESTIGATING AND EVALUATING REMEDY AL- TERNATIVES UNDER A RCRA SECTION 3008(H) ADMINISTRATIVE ORDER ON CONSENT (AOC) SIGNED WITH EPA ON OCT. 1, 1988. AS PART OF THIS PROCESS, EPA PREPARED A STATEMENT OF BASIS SUMMARIZING THE SITE HISTORY AND THE VARIOUS CLEAN- UP ALTERNATIVES TO ADDRESS GROUND WATER CONTAMINATION. ON JUN. 24, 1996, EPA SELECTED ALTERNATIVE 4, EXPANDED GROUND WATER EXTRACTION AND SOIL VAPOR EXTRACTION AS REMEDY FOR THE SITE. AFTER THE EPA'S REMEDY SELECTION, THE AOC PROVIDES THAT EPA AND SPARTON WILL ENTER INTO A 60-DAY NEGOTIATION PER- IOD FOR A NEW AOC UNDER SECTION 3008(H) OF RCRA TO IMPLE- MENT THE REMEDY. EPA TRANSMITTED A DRAFT AOC ON JUL. 2, 1996 TO SPARTON TO INITIATE THE 60-DAY NEGOTIATION PERIOD. THE DEADLINE FOR COMPLETING THESE NEGOTIATIONS IS ON SEPT. 3, 1996. HOWEVER, REGION 6 ANTICIPATES THAT SPARTON WILL NOT IM- PLEMENT THE REMEDY BECAUSE SPARTON VIEWS THE REMEDY AS TOO COSTLY. IF NEGOTIATIONS ARE UNSUCCESSFUL, EPA WILL ISSUE A RCRA SECTION 3008(H) UNILATERAL ADMINISTRATIVE ORDER TO IMPLEMENT THE REMEDY. 4. DUE TO THE SEVERITY OF THE GROUND WATER CONTAMINATION, EPA WOULD LIKE TO PROCEED UNDER THE IMMINENT AND SUB- STANTIAL ENDANGERMENT PROVISIONS OF SECTION 7003 OF RCRA AND SECTION 1431 OF THE SDWA FOR RELIEF AS WELL AS IMPLE- MENTATION OF A RCRA 3008(H) AOC IF NEGOTIATIONS ARE UN- SUCCESSFUL. 5. THE NEW MEXICO ENVIRONMENT DEPT. (NMED), THE NEW MEXICO NATURAL RESOURCES TRUSTEES, THE NEW MEXICO ATTORNEY GEN- ERAL'S OFFICE, AND THE CITY OF ALBUQUERQUE HAVE EACHED FILED SEPARATE NOTICES OF CITIZEN'S SUITS UNDER SECTION 7002 OF RCRA.

Defendants (1)

• SPARTON TECHNOLOGY, INC.Named in complaintNamed in settlement

Facilities (2)

• SPARTON TECHNOLOGY INCORPORATED

  9621 COORS NW, ALBUQUERQUE, NM, 87114

  Registry ID: 110000616110

• SPARTON TECHNOLOGY INCORPORATED

  9621 COORS NW, ALBUQUERQUE, NM, 87114

  Registry ID: 110000616110

Statutes cited

• SDWA 1431 — Emergency Powers
• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• SPARTON TECHNOLOGY, INC.entered 2000-03-03

  Primary law: RCRA

  Federal penalty: $293,500 · State/local: $1,381,500

Timeline (7 milestones)

• 1996-07-10Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1997-02-19Complaint Filed With Court
• 2000-01-18Final Order Lodged
• 2000-03-03Final Order Entered
• 2000-03-03Concluded
• 2000-06-15Enforcement Action Closed