Brimstone County, TN – Thermocell, Incorporated, formerly operating as FUTEC-THERMO Cell Southeast, Inc., avoided a lengthy legal battle after pleading guilty to violations of the Resource Conservation and Recovery Act (RCRA) in November 1994. The case, brought to light by information from the Tennessee Department of Environment and Conservation, centered around the illegal dumping of thirty-one 55-gallon drums potentially containing hazardous waste on property within Brimstone County.
The investigation revealed that the drums originated from the company’s Lithonia, Georgia facility. Rather than adhering to proper hazardous waste disposal protocols, Thermocell contracted with Sherwin Haskell to transport the drums to Tennessee *without* the legally required hazardous waste manifest. This manifest serves as a tracking document, ensuring accountability and safe handling of potentially dangerous materials. The abandonment of the drums raised immediate environmental concerns for local authorities.
Illegal Transport and False Statements
Federal prosecutors charged Thermocell with two counts of RCRA violations: 42 U.S.C. 6928(d)(1), pertaining to the knowing transport of hazardous waste, and 42 U.S.C. 6928(d)(3), addressing the knowing omission of material information or making false material statements regarding the waste. Haskell was charged with knowingly transporting hazardous waste without a manifest, violating 42 U.S.C. 6928. A third individual, Kirchofer, was also implicated in the scheme and charged accordingly.
Swift Guilty Pleas and Sentencing
Remarkably, all three defendants—Thermocell, Haskell, and Kirchofer—entered guilty pleas on the very same day the charges were filed. This expedited the legal process, avoiding what could have been a protracted and costly trial. The court swiftly handed down sentences reflecting the severity of the offenses. Thermocell was sentenced to six months of probation and ordered to pay a substantial fine of $125,000. Kirchofer received 12 months probation and a $5,000 fine, while Haskell was also sentenced to 12 months probation and a $1,000 fine.
Environmental Impact & Regulatory Oversight
While the swift resolution of the case prevented a lengthy trial, it raises questions about the company’s internal environmental compliance procedures and oversight. The illegal transport and abandonment of potentially hazardous materials pose a risk to both human health and the environment. The Tennessee Department of Environment and Conservation’s vigilance in identifying the abandoned drums was crucial in initiating the investigation and holding the responsible parties accountable.
Key Facts
- Defendant: Thermocell, Incorporated
- Location: Brimstone County, Tennessee
- Year: 1994
- Crime: Illegal hazardous waste transport and false statements
- Statutes Violated: 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(3), 42 U.S.C. 6928
- Penalties: Thermocell – $125,000 fine, 6 months probation. Kirchofer – $5,000 fine, 12 months probation. Haskell – $1,000 fine, 12 months probation.
- Evidence: 31 abandoned 55-gallon drums containing possible hazardous waste.
GrimyTimes will continue to follow environmental crime cases and report on efforts to protect communities from illegal pollution and waste disposal practices.
Source: EPA ECHO Enforcement Case Database
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