Kevin L. Cline, Clean Water Act Violation, Kansas 2015

Minneapolis, KS – The owner of C&R Plating, Kevin L. Cline, was sentenced to prison in 2015 for systematically defrauding environmental regulators and illegally discharging toxic wastewater into the City of Minneapolis’s sewer system. The case, investigated by the U.S. Environmental Protection Agency’s (EPA) Criminal Investigation Division, highlights a deliberate scheme to circumvent environmental protections and prioritize profit over public health and safety.

Cline, owner and operator of the metal plating company specializing in zinc and chromate plating of steel components, knowingly submitted falsified water samples and reports to the Kansas Department of Health and Environment (KDHE) beginning in 2007. These fraudulent reports concealed the fact that C&R Plating was releasing untreated wastewater directly into the city’s Publicly Owned Treatment Works (POTW). The POTW, designed to treat wastewater before it’s released back into the environment, was overwhelmed by the excessive levels of zinc originating from C&R Plating.

Investigators determined C&R Plating was the sole source of the elevated zinc levels, exceeding allowable limits set by the Clean Water Act. The consistent pattern of non-compliance and falsified data pointed directly to a calculated effort by Cline to avoid the costs associated with proper wastewater treatment. The investigation revealed a sustained pattern of deceit, spanning nearly a decade, demonstrating a blatant disregard for environmental regulations.

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Legal Ramifications and Penalties

On April 9, 2014, Cline and C&R Plating were formally charged with violating 33 U.S.C. § 1319(c)(2)(B) of the Clean Water Act, which prohibits knowingly making false statements or representations in any report required under the Act. Both Cline and the company entered guilty pleas on December 8, 2014. On July 6, 2015, Cline received a 4-month prison sentence, followed by six months of home confinement and one year of supervised release.

C&R Plating, Inc. was sentenced to a three-year term of probation and ordered to pay a $10,000 fine. Crucially, the company was held jointly and severally responsible with Cline for $281,503 in restitution to the City of Minneapolis, covering the costs incurred due to the excessive zinc contamination and the strain on the POTW. Furthermore, C&R Plating is required to implement a comprehensive compliance and ethics program designed to prevent future violations.

Key Facts

Defendant: Kevin L. Cline & C&R Plating, Inc.
Location: Minneapolis, Kansas
Year: 2015
Crime: Clean Water Act Violation – Falsifying reports and illegal discharge of pollutants
Statute Violated: 33 U.S.C. § 1319(c)(2)(B)
Penalties: Cline – 4 months imprisonment, 6 months home confinement, 1 year supervised release. C&R Plating – 3 years probation, $10,000 fine, $281,503 restitution, compliance program implementation.
Pollutant: Excessive levels of Zinc

This case serves as a stark warning to industrial facilities that attempt to skirt environmental regulations. The EPA’s commitment to criminal enforcement of the Clean Water Act ensures that those who prioritize profit over environmental responsibility will be held accountable for their actions, and communities will receive restitution for damages incurred.

Source: EPA ECHO Enforcement Case Database

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