# DOW CHEMICAL (VERTAC CHEMICAL CO)
> **Judicial** · FY1987 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `34259`
- **Case Number:** 06-1987-0235
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $1.84M
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- C. P. BOMAR, JR. (complaint) (settlement)
- DOW CHEMICAL (complaint) (settlement)
- PHOENIX CAPITAL ENTERPRISES (complaint) (settlement)
- T. RANDAL TOMBLIN (complaint) (settlement)
## Summary

SINCE 1976, VERTAC HAS OWNED A 92.7 ACRE MANUFACTURING SITE  LOCATED IN JACKSONVILLE.  UNTIL MAY 1980, VERTAC MANUFAC-    TURED PESTICIDES/HERBICIDES AT THAT SITE INCLUDING 2,4,5-T   AND 2,4-D.  IN 1980, THE US INITIATED A CIVIL ACTION IN THE  US DISTRICT COURT, EASTERN DIST OF ARKANSAS, WESTERN DIV     AGAINST VERTAC AND HERCULES, INC., A PRIOR OWNER OF THE      JACKSONVILLE SITE, PRIMARILY PURSUANT TO CWA, 33 USC 1311,   1342, AND 1319.  THE COMPLAINT REQUESTED CIVIL PENALTIES     AND APPROPRIATE INJUNCTIVE RELIEF, INCLUDING THE ABATEMENT   WHICH CREATED AND WERE CREATING AN IMMINENT AND SUBSTANTIAL  ENDANGERMENTTO HEALTH AND THE ENVIRONMENT.  THE STATE OF     ARKANSAS, THROUGH THE ARKANSAS DEPT OF POLLUTION & ECOLOGY   (ADPC&E), FILED A SIMILAR LAWSUIT AND THE TWO CASES WERE     CONSOLIDATED.                                                *                                                            IN 1982, A CONSENT DECREE WAS ENTERED IN THE ABOVE DESCRIBED CASE.  THIS DECREE WAS NEGOTIATED BY THE US, ADPC&E, VERTAC  AND HERCULES, INC. AND REQUIRED, IN PART, THAT VERTAC COMPLY COMPLY WITH SPECIFIED HAZARDOUS WASTE MANAGEMENT STANDARDS   AND REMEDIATE SPECIFIED ENVIRONMENTAL CONDITIONS AT THE      SITE.  THE DECREE WAS BINDING UPON VERTAC'S OFFICERS AND     AGENTS.  PURSUANT TO THE DIST COURT'S ONGOING JURISDICTION   UNDER THE CONSENT DECREE, THE US, ADPC&E AND VERTAC SIGNED   A STIPULATION ON JULY 15, 1987 WHICH PROVIDED THAT THE US    AND ADPC&E WOULD NOT OPPOSE A CORPOR

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