LENEXA, KS – A Kansas chemist has been sentenced for illegally storing hazardous and radioactive waste at his now-defunct laboratory, Beta Chem Laboratory, in Lenexa. Ahmed El-Sherif, 60, of Leawood, was sentenced on January 29, 2019, to two years of probation, 80 hours of community service, and ordered to pay $544,287.77 in restitution to the Environmental Protection Agency (EPA).
The case, stemming from a multi-year investigation, revealed a pattern of negligence and disregard for environmental regulations. El-Sherif, a trained chemist who established Beta Chem in the mid-1990s, utilized radioactive Carbon-14 and various solvents in his operations, operating under license from the Kansas Department of Health and Environment (KDHE). The KDHE, delegated authority from the U.S. Nuclear Regulatory Commission, discovered widespread contamination following concerns over El-Sherif’s inability to provide financial assurances for the lab’s decommissioning.
Inspectors found alarmingly high levels of radioactive contamination throughout the facility, exceeding the limits of their measuring instruments in some areas. The contamination wasn’t limited to expected areas; it spread to furniture, refrigerators, and even containers of chemicals *not* intended to be radioactive. KDHE immediately issued an Emergency Order of Suspension of License, effectively shutting down the lab. The EPA followed with a hazardous waste inspection, confirming violations of the Resource Conservation and Recovery Act (RCRA).
Hazardous Hoard & Superfund Cleanup
Despite being notified of the violations and entering into a consent agreement with KDHE to develop a remediation plan, El-Sherif failed to take any meaningful action to clean up the laboratory. In October 2013, KDHE seized control of the facility to prevent further environmental damage. A subsequent search warrant executed in January 2014 by the EPA’s Criminal Investigation Division, with assistance from the FBI, uncovered a staggering 1,138 containers of hazardous waste. Of those, 886 were clearly labeled as hazardous, while the remaining containers were field-tested, revealing over two hundred pounds of hazardous waste, including acutely hazardous materials. Critically, *all* of the tested containers were found to be radioactive, with 45% of the contents registering as radioactive.
The cleanup fell to the EPA’s Superfund program, a costly undertaking that ultimately totaled over $760,000. The funds covered the removal and proper disposal of the hazardous and radioactive materials, preventing potential harm to public health and the environment. The bench trial, held in February 2018 before Judge Julie A. Robinson, saw El-Sherif waive his right to a jury, with the judge delivering a written verdict finding him guilty of violating 42 U.S.C. 6928(e) of the Resource Conservation and Recovery Act (RCRA).
Key Facts:
- Defendant: Ahmed El-Sherif
- Location: Lenexa, Kansas
- Crime: Illegal storage of hazardous and radioactive waste
- Statute Violated: Resource Conservation and Recovery Act (RCRA) – 42 U.S.C. 6928(e)
- Sentencing: Two years probation, 80 hours community service, $544,287.77 restitution to EPA
- Superfund Cleanup Cost: Over $760,000
- Quantity of Hazardous Waste: Over 200 pounds, including acutely hazardous materials
- Radioactive Contamination: Present in all tested containers (45% of contents were radioactive)
This case serves as a stark reminder of the serious consequences of failing to adhere to environmental regulations, particularly when dealing with hazardous and radioactive materials. The EPA continues to prioritize the enforcement of RCRA to protect communities from the dangers of improper waste management.
Source: EPA ECHO Enforcement Case Database
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