Theo Searcy, Illegal Hazmat Disposal, NC 2002

Kernersville, NC – Theo Searcy was sentenced to eight months in federal prison on April 25, 2002, following a guilty plea to conspiracy related to the illegal disposal of hazardous waste. The case, originating in 2001, stemmed from the operations of Quarter Master, an auto parts cleaning business in Kernersville, North Carolina, owned by Theo’s father, Ted Searcy. The illegal dumping created a significant environmental and public health risk, particularly given the proximity to a local school.

According to court documents, Quarter Master utilized nitric acid to clean auto parts used in racing. Instead of properly disposing of the resulting spent acid, Theo Searcy, acting under the direction of his father, oversaw the clandestine transport of approximately 70 drums of the corrosive substance. These drums were moved to a barn in Kernersville, as well as other locations in Guilford and Randolph counties, where they were illegally stored.

An investigation by the Environmental Protection Agency (EPA) revealed alarming levels of acidity in the soil surrounding the barn – a pH reading of less than two was recorded. This extreme acidity poses a severe burn risk upon contact with skin and represents a substantial threat to the surrounding environment. Critically, the barn was located directly across from Kernersville Middle School, raising serious concerns about potential exposure to students and staff.

The investigation led to indictments in September 2001. Theo Searcy was charged with one count of conspiracy (18 U.S.C. 371), while Ted Searcy faced five counts of violating the Resource Conservation and Recovery Act (RCRA) – specifically, 42 U.S.C. 6928(d)(5), which prohibits the knowing transport of hazardous waste without a proper manifest. Ted Searcy later pled guilty to one count of RCRA violation in October 2001 and received an 18-month prison sentence in May 2002, along with 36 months of probation.

In addition to his prison term, Theo Searcy was sentenced to 12 months of probation and ordered to pay a $100 special assessment fee. He was also mandated to provide $4,800 in restitution, split between the Winston Salem/Forsyth County Office of Emergency Management and the North Carolina Department of Environment and Natural Resources, to cover the costs of remediation and investigation. Ted Searcy’s restitution order totaled $4,809.

Key Facts

Defendant: Theo Searcy & Ted Searcy
Location: Kernersville, North Carolina
Crime: Illegal Hazardous Waste Disposal
Hazardous Material: Spent Nitric Acid
Statutes Violated: 18 U.S.C. 371 (Conspiracy), 42 U.S.C. 6928(d)(5) (RCRA – Improper Transportation of Hazardous Waste)
Sentencing (Theo Searcy): 8 months incarceration, 12 months probation, $100 assessment, $4,800 restitution
Sentencing (Ted Searcy): 18 months incarceration, 36 months probation, $100 assessment, $4,809 restitution
Proximity Risk: Illegal dumping site located across from Kernersville Middle School.

The case highlights the dangers of improper hazardous waste management and the potential for significant harm to public health and the environment. The EPA continues to aggressively pursue criminal enforcement actions against those who knowingly violate environmental laws.

Source: EPA ECHO Enforcement Case Database

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