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