Kevin Wayne Hester, Hazardous Waste Disposal, Texas 2009

HOUSTON, TX – Kevin Wayne Hester, president of Simply Aquatics, was sentenced to 20 months in federal prison last week for illegally burying hazardous waste on his property in Texas. The case, stemming from a 2007 investigation, highlights a disturbing pattern of reckless endangerment and disregard for environmental regulations. Hester, along with his father Lyle Hester, a shop foreman for the company, pleaded guilty to multiple violations of the Resource Conservation and Recovery Act (RCRA).

Simply Aquatics specializes in the installation and maintenance of water treatment systems for municipalities. The company’s work involved the use of dangerous chemicals, including gaseous chlorine and sodium hydroxide, to flush and clean these systems. Instead of properly disposing of the resulting hazardous waste – specifically, 113 discarded compressed gas cylinders – the Hesters opted for a cheaper, and profoundly illegal, solution: burying them.

A joint investigation by the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) uncovered the illicit dumping site in January 2007. Investigators discovered a ten-foot deep pit on Kevin Hester’s property filled with the cylinders. A chilling 33 of these cylinders were still under high pressure, containing a combined 952 pounds of chlorine gas – a highly toxic and potentially lethal substance. The deliberate concealment of these materials posed a significant threat to public health and the environment.

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Legal Ramifications

The Hesters were originally indicted in May 2008 on five counts: one count of conspiracy (18 U.S.C. 371) and four counts of violating the Resource Conservation and Recovery Act. Specifically, they were charged with knowingly transporting hazardous waste without a manifest (42 U.S.C. 6928(d)(1)), knowingly treating, storing, or disposing of hazardous waste (42 U.S.C. 6928(d)(2)), knowingly doing so without a permit (42 U.S.C. 6928(d)(2)(A)), and further knowingly transporting hazardous waste without a manifest (42 U.S.C. 6928(d)(5)). They ultimately pleaded guilty to all charges.

The sentencing, handed down on May 27, 2009, reflects the severity of the crimes. Kevin Hester received a 20-month prison sentence, followed by 36 months of probation. He was also ordered to pay $195,721 in restitution to the EPA to cover the costs of the cleanup and investigation. Lyle Hester received a 14-month prison sentence and the same 36-month probation period, along with the same restitution order. The charges against Simply Aquatics as a company were dismissed following the guilty pleas of its principals.

Key Facts

Defendant: Kevin Wayne Hester and Lyle Hester
Location: Texas
Crime: Illegal disposal of hazardous waste (chlorine gas cylinders)
Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 6928(d)(1), 42 U.S.C. 6928(d)(2), 42 U.S.C. 6928(d)(2)(A), 42 U.S.C. 6928(d)(5)
Sentencing: Kevin Hester – 20 months imprisonment, 36 months probation, $195,721 restitution. Lyle Hester – 14 months imprisonment, 36 months probation, $195,721 restitution.
Hazardous Material: 952 pounds of chlorine gas contained in 113 buried cylinders.

GrimyTimes will continue to follow this case and report on any further developments. This incident serves as a stark reminder of the importance of responsible waste management and the potential consequences of prioritizing profit over public safety and environmental protection.

Source: EPA ECHO Enforcement Case Database

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