Roy L. Fay, Hazardous Waste Transport, AL 1998

Rainsville, AL – A late-night dumping scheme involving hazardous waste led to a federal conviction and hefty fines for Roy L. Fay and the Rainsville Church Pew Company in 1998. The case, investigated by the Environmental Protection Agency (EPA), revealed a deliberate attempt to circumvent regulations governing the disposal of dangerous materials.

According to court documents, Fay illegally transported spent solvents – a listed hazardous waste – in 55-gallon drums. These solvents originated from the Rainsville Church Pew Company. On the evening of November 10, 1996, Fay transported the drums to a proposed landfill site, bypassing required protocols for hazardous waste handling. The operation lacked proper manifests, essential documents tracking the waste from origin to disposal, and raised immediate red flags for environmental authorities.

The EPA’s criminal investigation quickly focused on Fay’s actions. He was indicted on November 27, 1996, facing two counts under the Resource Conservation and Recovery Act (RCRA). Specifically, he was charged with violating 42 U.S.C. 6928(d)(5) – knowingly transporting hazardous waste without a manifest – and 42 U.S.C. 6928(d)(1) – knowingly transporting hazardous waste without authorization. Fay ultimately pled guilty to the charge of transporting without a manifest on January 27, 1997.

On May 9, 1997, Fay received a 12-month prison sentence, followed by 12 months of probation. As part of his sentence, he was also ordered to complete 100 hours of community service and pay a $100 federal fine. However, the investigation didn’t stop with Fay. Authorities turned their attention to the source of the illegal waste: the Rainsville Church Pew Company.

On May 4, 1998, the Rainsville Church Pew Company was charged with violating 42 U.S.C. 6928(d)(2)(A), which prohibits the knowing treatment, storage, or disposal of hazardous waste without a permit. The company quickly admitted guilt and was sentenced to 36 months of probation and a significant $20,000 federal fine. The case highlights the importance of adhering to strict regulations concerning hazardous waste, not only for those directly involved in transport but also for the businesses generating the waste.

The EPA’s successful prosecution of both Fay and the Rainsville Church Pew Company sends a clear message that environmental crimes will be pursued and punished. The deliberate disregard for RCRA regulations posed a potential risk to public health and the environment, prompting a swift and decisive response from federal authorities.

Table of Contents

Key Facts

Defendant(s): Roy L. Fay and Rainsville Church Pew Company
Crime: Illegal transportation and disposal of hazardous waste
State: Alabama
Year: 1998
Statutes Violated: 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(5)
Penalties: Roy L. Fay – 12 months incarceration, 12 months probation, 100 hours community service, $100 fine. Rainsville Church Pew Company – 36 months probation, $20,000 fine.
Hazardous Waste: Spent solvents in 55-gallon drums

Source: EPA ECHO Enforcement Case Database

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