BOWLING GREEN, KY – A former plant manager and the metal plating company he oversaw have been sentenced in federal court for illegally dumping hazardous waste and violating clean water regulations, according to a statement released by the U.S. Attorney’s Office for the Western District of Kentucky. David Lester Becker, 72, of Cave City, Kentucky, was sentenced to 18 months in prison and two years of supervised release on June 7, 2010. His former employer, KEN-DEC, Inc., was slapped with a hefty $700,000 fine and ordered to pay $95,000 in restitution to the Caveland Environmental Authority.
The case, investigated jointly by the Kentucky Department for Environmental Protection and the U.S. Environmental Protection Agency’s Criminal Investigation Division, revealed a pattern of deliberate environmental violations stretching from July 2007 to January 2009. KEN-DEC and Becker knowingly discharged electroplating wastewater – a highly toxic substance containing heavy metals – directly into a sink connected to the Horse Cave, Kentucky, sewage system. This occurred in direct violation of a pre-existing consent decree with the city.
Beyond the illegal discharge into the public sewer system, investigators discovered that KEN-DEC, under Becker’s direction, was also illegally disposing of hazardous waste *outside* the facility. Spent cyanide plating bath solution, classified as a listed hazardous waste, was routinely pumped through a hose and released onto the ground at the company’s 1145 South Dixie Street location in Horse Cave. This direct release bypassed all permitting and regulatory requirements designed to protect both the environment and public health. The company attempted to conceal these activities, but the EPA’s investigation uncovered the scope of the illegal dumping.
Both KEN-DEC and Becker pleaded guilty on February 1, 2010, to one count each of violating the Clean Water Act (33 U.S.C. 1319(c)(2)(A)) and the Resource Conservation and Recovery Act (42 U.S.C. 6928(d)(2)(A)). The guilty pleas acknowledged the intentional nature of the violations and the disregard for established environmental safeguards. Assistant U.S. Attorney Randy Ream prosecuted the case, emphasizing the severity of the offenses.
Key Facts
- Defendant: David Lester Becker & KEN-DEC, Inc.
- Location: Horse Cave, Kentucky
- Statutes Violated: Clean Water Act (33 U.S.C. 1311(a) & 33 U.S.C. 1319(c)(2)(A)), Resource Conservation and Recovery Act (42 U.S.C. 6928(e) & 42 U.S.C. 6928(d)(2)(A))
- Sentencing: Becker – 18 months imprisonment, 2 years supervised release. KEN-DEC – $700,000 fine, $95,000 restitution.
- Illegal Dumping: Electroplating wastewater discharged into sewer system & hazardous waste released onto the ground.
- Timeframe of Violations: July 2007 – January 2009
“Our natural resources must be protected from being used as dump sites for hazardous wastes,” stated Maureen O’Mara, Special Agent-in-Charge of EPA’s criminal enforcement program in Atlanta. “This prosecution sends a clear message that companies that refuse to operate lawfully and pollute our land and waters will be vigorously prosecuted.” The case underscores the EPA’s commitment to holding individuals and corporations accountable for environmental crimes and ensuring compliance with federal regulations. The lack of parole in the federal system means Becker will serve the full 18-month sentence.
The $95,000 in restitution paid by KEN-DEC will cover the costs incurred by the Caveland Environmental Authority in properly disposing of the illegally dumped waste, mitigating the environmental damage caused by the company’s actions. The financial penalty and imprisonment serve as a stark warning to other businesses that prioritize profit over environmental responsibility.
Source: EPA ECHO Enforcement Case Database
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