EPA v. VERTAC AND HERCULES

Case summary

NATURE OF THE CASE: THE PLANT WAS USED FOR THE PRODUCTION OF PESTICIDES FROM THE LATE 1940'S TO THE PRESENT. HER- CULES WAS THE OWNER AND OPERATOR FROM THE LATE 1950'S UN- TIL 1972 WHEN THE COMPANY, TO WHICH VERTAC IS THE SUCCESS OR, FIRST LEASED AND THEN PURCHASED THE SITE. THE MAIN PRODUCTS AT THE PLANT DURING BOTH VERTAC'S AND HERCULES' OWNERSHIP WERE 2,4-D AND 2,4,5-T. UNTIL THE LATE 1970'S, WASTES FROM THE MANUFACTURER OF THESE PRODUCTS WERE DISP- OSED OF ON-SITE IN LANDFILL. IN ADDITION, APPROX. 12,000 DRUMS OF WASTE ARE STORED ON-SITE. PRIOR TO DISCHARGING PROCESS WATER TO THE JACKSONVILLE SEWAGE TREATMENT PLANT, WASTEWATER WAS TREATED IN AN EQUALIZATION BASIN ON-SITE, WHICH IS ALSO HIGHLY CONTAMINATED. OTHER CONTAMINATED AREAS INCLUDED COOLING WATER POND, SURFACE AREAS WITHIN THE PLANT SITE, AND SOME OFF-SITE AREAS, ESPECIALLY IN ROCKY BRANCH CREEK AND IN AREAS NEAR THE JACKSONVILLE SEWAGE TREATMENT PLANT. GROUNDWATER AND BEDROCK ARE ALSO CONTAMINATED UNDER THE PLANT SITE. THE CONTAMINANTS FOUND IN THE AREAS LISTED ABOVE ARE HAZARDOUS SUBSTANCES UNDER CERCLA. THE VERTAC SITE IS ON THE NATIONAL PRIORITY LIST AND IS A TIER I DIOXIN SITE. THIS REFERRAL SUPPLEMENTS THE CURRENT CASE AGAINST VERTAC AND HERCULES WHICH WAS FILED IN 1980. THE GOVERNMENT FIL- ED A MOTION TO AMEND THE RCRA COMPLAINT TO ADD CERCLA COUNTS; HOWEVER, BEFORE THE COURT COULD RULE ON THE MOTION A CONSENT DECREE WAS SIGNED. THE CONSENT DECREE REQUIRED VERTAC TO PROPOSE A FINAL REMEDY FOR THE SITE, WHICH THEY HAVE DONE; HOWEVER THE REMEDY IS NOT ACCEPTABLE TO EPA. SINCE THE CONSENT DECREE HAS BECOME A FINAL JUDGEMENT, A NEW SUIT MUST NOW BE FILED IN ORDER TO INCLUDE THE CERCLA COUNTS.

Defendants (2)

• HERCULES INC.Named in complaint
• VERTAC CHEMICAL CORPORATIONNamed in complaint

Facilities (1)

• VERTAC CHEMICAL CORPORATION

  MARSHALL RD, .75M W ON HWY 167, JACKSONVILLE, AR, 72076

  Registry ID: 110001709508

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Timeline (5 milestones)

• 1984-03-29Referred To Headquarters
• 1984-05-02Returned To Region
• 1984-07-03Rereferred
• 1984-08-08Referred To Dept Of Justice
• 1987-03-01Complaint Filed With Court