Appeals Court Upholds Ruling on Arkansas Waste Site

JULY 14, 2006 - Posted at 7:41 a.m. CDT

LITTLE ROCK, AR - A federal appeals court ruled yesterday that a Delaware company must pay the federal government more than $119 million for the clean-up of a Superfund site at Jacksonville.

The U.S. Environmental Protection Agency designated the former Vertac plant a Superfund site, which cost $130 million to clean.  The herbicide facility produced Agent Orange and left behind dioxin, considered a likely carcinogen.

Yesterday, the 8th U.S. Circuit Court of Appeals upheld a 2005 ruling that said Hercules Incorporated is liable for $119 million.  Uniroyal Chemical Limited, a former customer of Vertac's, is responsible for $2.87 million.

The site was developed as a munitions factory in the 1930s by the federal government.  The site went into private hands in the 1940s, and Hercules bought the plant in 1961, where it manufactured herbicides, including Agent Orange.

(Copyright 2006 by The Associated Press.  All Rights Reserved.)