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Arville O. Thomas, Violating RCRA, Alabama 2012

Prattville, AL – Arville “Buddy” Thomas, 71, formerly of Prattville, Alabama, has been sentenced to three years’ probation for the illegal storage and disposal of hazardous waste at his now-defunct metal plating company, Deep South Plating, Inc. The sentencing, handed down on August 24, 2012, by Judge Thomas A. Varlan, concludes a case brought forth by the Environmental Protection Agency (EPA) and the Department of Justice.

Deep South Plating, which Thomas owned, operated as a metal plating facility utilizing liquid heavy metals. This process generated dangerous byproducts, including copper cyanide, nickel cyanide, and sulfuric acid. Rather than adhering to environmental regulations, Thomas allowed these highly toxic materials to accumulate in open vats and unsecured drums on the company property. The situation worsened when Thomas abandoned the company in 2008, fleeing to Tennessee and leaving the hazardous waste unattended.

Federal agents eventually located Thomas in Tennessee, where he admitted to the improper handling and storage of the hazardous materials prior to his company’s abandonment. He waived indictment and entered a guilty plea on January 24, 2012, to one count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. §6928(d)(2)(A). This statute prohibits the knowing treatment, storage, or disposal of hazardous waste without a permit.

Environmental and Legal Ramifications

The case highlights a concerning trend of industrial abandonment leaving communities and the environment burdened with costly and dangerous cleanup efforts. Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Atlanta, emphasized that “Hazardous waste must be handled, stored and disposed of properly…If you break the law and leave it to the public to ‘pick up the tab,’ you will be prosecuted.” The EPA was forced to undertake the remediation of the Deep South Plating site, a financial burden ultimately borne by taxpayers.

U.S. Attorney George L. Beck, Jr. echoed this sentiment, stating, “It is important that we protect our land and environment for future generations…When you poison the land, you either leave the poison for our children or force the federal government to clean up the hazardous waste.” The three-year probationary sentence, while avoiding imprisonment, serves as a warning to other business owners who might consider cutting corners on environmental compliance.

Investigation and Prosecution

The investigation was conducted by the EPA’s Criminal Investigation Division, with Assistant U.S. Attorneys Nathan D. Stump and Melissa Kirby leading the prosecution. The successful outcome of the case demonstrates the collaborative effort between federal agencies to enforce environmental regulations and hold polluters accountable. The long-term impact of the hazardous materials left at the Deep South Plating site remains a concern, and ongoing monitoring may be required to ensure the complete protection of the surrounding community and ecosystem.

Key Facts

  • Defendant: Arville O. “Buddy” Thomas
  • Company: Deep South Plating, Inc.
  • Location: Prattville, Alabama
  • Year: 2012
  • Statutes Violated: 42 U.S.C. §6928(d)(2)(A) – RCRA violation for improper hazardous waste handling
  • Penalty: Three years’ probation
  • Hazardous Materials: Copper cyanide, nickel cyanide, sulfuric acid

Source: EPA ECHO Enforcement Case Database

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