Bold claim: A chemical firm chose profit over protection, and now faces serious criminal consequences for dumping pollutants into the Cape Fear River. But here’s the full story and what it means for communities and the environment.
American Distillation Inc. (ADI), a Navassa-based chemical processing company, has pleaded guilty to knowingly polluting the Cape Fear River with tert-Butyl alcohol (TBOH) and other chemicals, in violation of the federal Clean Water Act. The case centers on long-running discharges tied to ADI’s operations and byproducts produced during distillation. The company’s owner, Andrew J. Simmons Jr., also pleaded guilty to failing to pay federal taxes. Earlier, Barry Darnell White, the former plant manager, pleaded guilty for discharging pollutants into the Cape Fear River on ADI’s behalf.
U.S. Attorney Ellis Boyle emphasized that this was a deliberate choice rather than an accidental mishap or a mere paperwork error. “ADI deliberately decided to dump harmful chemicals into a North Carolina river to increase profits. When corporations choose pollution over safety, we will hold them criminally accountable and enforce the law without hesitation.”
Court records show that ADI, founded in 1992, manufactured and sold industrial-grade ethyl alcohol. The company routinely received large quantities of TBOH from customers. TBOH is a highly flammable, colorless, oily liquid with a sharp alcoholic odor and is classified as a pollutant that qualifies as solid, chemical, and industrial waste under relevant laws.
During processing, ADI produced and stored byproducts in Tank 14, a roughly 250,000-gallon storage tank that regularly held liquid wastewater containing TBOH, isopropyl alcohol, and acetone mixed with water. From late 2019 through 2024, the company accepted more TBOH and other chemicals than it could legally and safely handle, despite an EPA permit requiring proper disposal of TBOH byproducts.
From 2020 to 2024, White discharged approximately 2,500 gallons of liquid wastewater from Tank 14 about five to six times annually. The wastewater was routed through a hose into a nearby pipe that led directly to the Cape Fear River. This practice, intended to maximize profits by keeping operations running, bypassed proper treatment and disposal of TBOH byproducts, according to the North Carolina Department of Justice.
The Department of Justice notes that ADI management allegedly told employees that halting operations could cause serious financial harm, potentially including dissolution.
Environmental and ecological stakes are high. The Cape Fear River supports diverse habitats—from freshwater streams to a vital saltwater estuary that sustains rare aquatic species and old-growth forests. Repeated illegal discharges of industrial waste threaten water quality and ecosystem health, according to Chuck Carfagno, Special Agent in Charge of the EPA’s criminal enforcement in North Carolina.
Prosecution is led by Assistant U.S. Attorney David Beraka, with investigations by the EPA Criminal Investigation Division, EPA Office of Inspector General, and IRS Criminal Investigation. EPA OIG Assistant Special Agent in Charge Keith Squires underscored the agency’s commitment to protecting waterways and holding violators accountable when profits come at the expense of human health and the environment.
This case highlights ongoing regulatory and enforcement efforts to curb pollution and safeguard local communities and natural resources. Thoughts on how communities can better advocate for river protection while supporting legitimate industrial activity? Share your views in the comments.
