EPA v. SPARTON TECHNOLOGY, INC.

Case summary

1. SECTION 3008(H) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), AS AMENDED, 42 U.S.C. SECTION 6928(H). 2. SPARTON TECHNOLOGY , INC. 9621 COORS ROAD NW ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87114 3. THE SPARTON FACILITY CONSISTS OF A 64,000 SQUARE FOOT BUILDING ON A 12 ACRE PARCEL OF LAND ON THE NORTHWEST SIDE OF ALBUQUERQUE. THE FACILITY PRODUCED ELECTRONIC COMPONENTS FROM 1961 TO 1994, WHEN OPERATIONS CEASED. THE PLANT GENERATED HAZARDOUS METAL PLATING AND SOLVENTS WASTES, WHICH EVENTUALLY REACHED THE GROUND WATER AS A RESULT OF PAST WASTE MANAGEMENT PRACTICES. THESE WASTES ARE PRESENT IN GROUND WATER, AND THE CONTAMINATION HAS MOVED AT LEAST 1/2 MILE FROM THE SPARTON FACILITY. TO ADDRESS THE ENVIRONMENTAL CONCERNS, EPA AND SPARTON SIGNED AN AGREEMENT IN 1988, REQUIRING SPARTON TO INVEST- IGATE THE GROUND WATER CONTAMINATION AND EVALUATE THE CLEANUP ALTERNATIVES. THE AGREEMENT ALSO REQUIRED SPARTON TO INSTALL AND OPERATE AN ON-SITE GROUND WATER CLEANUP SYSTEM. EPA SELECTED THE REMEDY TO ADDRESS GROUND WATER AND SOIL CONTAMINATION ON JUN. 24, 1996 AND HAD ATTEMPTED TO NEGO- TIATE THE TERMS OF AN AGREEMENT IMPLEMENTING THE SELECTED REMEDY. NEGOTIATIONS WERE TERMINATED ON AUG. 7, 1996, WHEN SPARTON FILED A COMPLAINT IN U.S. DISTRICT COURT SEEKING TO FORCE EPA TO SELECT SPARTON'S PREFERRED RE- MEDY. BECAUSE EPA AND SPARTON HAVE BEEN UNABLE TO NEGOT- IATE THE TERMS OF AN AGREEMENT, EPA HAS ISSUED THE ACTION UNILATERALLY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(H) OF RCRA, EPA ISSUED AN UNILATERAL ORDER REQUIRING THE RESPONDENT TO CONTINUE OPERATING THE GROUND WATER RECOVERY AND TREAT- MENT SYSTEM LOCATED ON SPARTON FACILITY; INSTALL ADDI- TIONAL GROUND WATER RECOVERY WELLS TO PREVENT FURTHER MOVEMENT OF THE CONTAMINATED PLUME AND RESTORE THE GROUND WATER TO STATE AND FEDERAL STANDARDS; AND INSTALL A SOIL VAPOR EXTRACTION SYSTEM AT THE SPARTON PROPERTY.

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

• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• SPARTON TECHNOLOGY, INC.entered 1998-02-10

  Primary law: RCRA

Timeline (5 milestones)

• 1996-09-16Complaint Filed/Proposed Order
• 1996-10-24Enforcement Action Data Entered
• 1997-03-27Administrative Hearing
• 1998-02-10Final Order Issued
• 2000-06-27Enforcement Action Closed