At the time of the demolition, the contractor hired to remove the Avondale Mills smokestack was not licensed to perform the work by the State of Alabama. Discovery of the issue led authorities to launch an investigation last week that resulted in criminal charges.

Pell City resident Tim Phifer, owner of Phoenix Services of Alabama, LLC, was arrested Friday, Dec. 4 and charged with one felony count of possession of illegal explosives. He was held over the weekend in the St. Clair County Jail in Pell City and released on bond on Dec. 8.

According to Assistant State Fire Marshal Scott Pilgreen, the State of Alabama Fire Marshal’s Office launched an investigation into Phifer and his business following national circulation of video footage of the smokestack demolition.

“We became aware of the incident after we saw the same video a lot of people saw,” Pilgreen said.

Pilgreen said his office conducted an immediate inquiry and found that Phifer’s blasting permit from the State of Alabama was no longer valid. This led to further investigation and the eventual discovery of materials that resulted in the arrest.

“The explosives he possessed he should not have had in his possession,” Pilgreen said, adding that the charge was directly related to the materials and not the status of Philfer’s license.

Pilgreen said Phifer was licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), but both individuals and the contractors they work for must be licensed but the State to perform explosive demolition in Alabama according to the Alabama Safety in Explosives Act of 1993.

Pell City City Manger Brian Muenger, in a statement released Dec. 4, said he personally verified Phoenix Services’ Federal Explosives License with the ATF. He also said the contract Phifer signed with the City required him to complete all services in compliance with all applicable laws and regulations, including maintenance of all federal, state and local licenses required.

The Fire Marshal cautioned the City during its investigation, Muenger said, to close access to the demolition site as the Office believed unexploded material could remain. Pilgrim confirmed the possibility but said it could not be confirmed.

“The city at this point is trying to find the proper company to go through the rubble,” Pilgreen said. “Right now, the site is fenced off to keep the public away and render everything safe. Our main concern right now is the public’s security.”

Phifer successfully brought down the tower on Nov. 25 using a track hoe to scrape away its exterior after two charges of dynamite proved unsuccessful. Phifer said at the site that each charge was approximately 15 pounds.

The City’s contract with Phifer, approved Nov. 9, for $14,500, released the City from any damages. Pilgrim said he was not aware of any issues regarding the City’s actions surrounding the demolition.

OSHA has also confirmed it is investigating the demolition, and Pilgreen said the Fire Marshal’s investigation will continue. More information would be released, he said, if and when it becomes available.

“Right now, it’s too early to tell [if additional charges can be expected],” he said. “We’ll just have to see how this thing shakes out as is moves along.”

More Info: Phoenix Services of Alabama

• The business is registered with the U.S. Census under North American Industrial Classification System number 212312, which is a code for “Crushed and broken limestone mining and quarrying.”

• Phoenix Services is registered as an active carrier under U.S. Department of Transportation Number 2143552. The company is “licensed to carry hazmat-rated materials from the explosives, cargo categories.”

• The business is based in Birmingham