Arville O. Thomas, Violating Resource Conservation and Recovery Act, 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.

According to court documents, Thomas knowingly operated Deep South Plating without the necessary permits for handling hazardous waste. The company utilized heavy metals in liquid form, generating dangerous byproducts including copper cyanide, nickel cyanide, and sulfuric acid. These substances were improperly stored in open vats and unsecured drums on the company property, posing a significant risk to both the environment and public health.

The situation came to light after Thomas abandoned Deep South Plating in 2008 and relocated to Tennessee. Federal agents eventually located Thomas, and during questioning, he admitted to the improper handling and storage of the hazardous materials prior to the company’s closure. The abandonment left a contaminated site requiring federal intervention for cleanup, placing the financial burden on taxpayers.

Investigation and Legal Ramifications

The EPA’s Criminal Investigation Division spearheaded the investigation, uncovering a pattern of disregard for environmental regulations. Thomas ultimately waived indictment and pleaded guilty to one count of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A), which prohibits the knowing treatment, storage, or disposal of hazardous waste without a permit. The violation carries significant penalties, including potential imprisonment and substantial fines, although Thomas received a probationary sentence.

Official Statements

Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Atlanta, emphasized the importance of proper hazardous waste management. “Hazardous waste must be handled, stored and disposed of properly to ensure that workers, the community and the environment are protected,” O’Mara stated. “In this case, the defendant’s illegal actions required the federal government to clean up the site. If you break the law and leave it to the public to ‘pick up the tab,’ you will be prosecuted.”

U.S. Attorney George L. Beck, Jr. echoed this sentiment, stressing the need to protect future generations. “It is important that we protect our land and environment for future generations,” Beck said. “When you poison the land, you either leave the poison for our children or force the federal government to clean up the hazardous waste. We will continue to prosecute those that violate the law by poisoning our land, water and/or environment.” The case was prosecuted by Assistant U.S. Attorneys Nathan D. Stump and Melissa Kirby.

Key Facts

• Defendant: Arville O. “Buddy” Thomas, 71
• Company: Deep South Plating, Inc. (Prattville, AL)
• Crime: Improper storage and disposal of hazardous waste
• Statute Violated: 42 U.S.C. 6928(d)(2)(A) – RCRA
• Sentence: Three years’ probation
• Hazardous Materials: Copper cyanide, nickel cyanide, sulfuric acid
• Timeline: Company abandoned in 2008, guilty plea January 24, 2012, sentencing August 24, 2012

Source: EPA ECHO Enforcement Case Database

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