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FISCAL YEAR: 2010
1. PRINCIPAL DEFENDANT: David Lester Becker
W.D.  Kentucky  1:10CR-3-M
2. DEFENDANT: Ken-Dec, Inc.
W.D.  Kentucky  1:10CR-3-M
KEN-DEC, Inc., a metal plating business in Kentucky, and David Lester Becker, a former KEN-DEC plant manager were sentenced in federal court in Kentucky on June 7, 2010, for violating the Clean Water Act (CWA) and the Resource and Recovery Act. KEN-DEC was sentenced to a $700,000 fine and Becker was sentenced to 18 months in prison and two years of supervised release. KEN-DEC and Becker, the responsible corporate official, from July 2007 to January 2009 violated the CWA by discharged electroplating waste into a sink connected to the sewage system in Horse Cave, Kentucky. They violated RCRA by disposing of hazardous waste through a hose outside its facility at 1145 South Dixie St., Horse Cave, Kentucky. KEN-DEC and Becker pleaded guilty in federal court in the Western District of Kentucky on February 1, 2010. CWA authorizes EPA to establish pretreatment standards before industrial users discharge wastewater into the sewer system. KEN-DEC and Becker violated CWA by discharging wastewater with excessive metals concentrations into a sink connected to the City of Horse Cave’s Publicly Owned Treatment Works without a permit. They violated RCRA by disposing of spent cyanide plating bath solution, a listed hazardous waste, through a hose outside its facility without a permit.

January 11, 2010
The defendants were each charged in an Information with one count of violating the CWA {33 U.S.C. 1319(c)(2)(A) - knowingly violates} and one count of violating RCRA {42 U.S.C. 6928(d)(2)(A) - knowingly treats, stores or disposes of hazardous waste...without a permit}. they pled guilty to the charges.
CITATION: 33 U.S.C. 1319(c)(2)(a), 42 U.S.C. 6928(d)(2)(A)
June 7, 2010
Becker was sentenced to 18 months incarceration and 24 months probation. The company, Ken-Dec was sentenced to pay a $700,000 federal fine and $95,000 in restitution.


Western District of Kentucky
June 7, 2010

COMPANY AND LOCAL EXECUTIVE SENTENCED IN POLLUTION CASE

LOUISVILLE, KY - KEN-DEC, Inc., a company formerly engaged in the metal plating business at 1145 South Dixie Highway, Horse Cave, Kentucky, and David Lester Becker, age 72, of Cave City, Kentucky, formerly the plant manager of that business, were sentenced in United States District Court, Bowling Green, Kentucky, at Louisville, for felony violations of the Clean Water Act (33 U.S.C. Section 1319(c)(1)(A)) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6928(d)(2)(A)), United States Attorney David J. Hale of the Western District of Kentucky announced today.

Both KEN-DEC, Inc. and David Lester Becker pleaded guilty to the charges before U.S. Magistrate Judge Dave Whalin on February 1, 2010. The case was assigned to Judge Joseph H. McKinley for sentencing. By agreement KEN-DEC agreed to plead guilty to the two counts of the felony Information filed on January 11, 2010 and pay a fine of $700,000 on the date of sentencing. Also, by date of sentencing, KEN-DEC agreed to pay the victim, Caveland Environmental Authority, Cave City, Kentucky, for their costs in the proper disposal of both liquid and solid hazardous wastes which KEN-DEC, and its agents and employees, disposed of in the sewer system. As of Friday, June 4, a total of $95,000 has been spent by KEN-DEC on the cleanup or paid to Caveland as reimbursement for their costs.

Also by agreement, David Lester Becker, long-time manager of the KEN-DEC facility, agreed to serve a sentence of imprisonment of 18 months.

The parties agreed to the following stipulation of facts for these pleas of guilty.

(Clean Water Act) Between July 1, 2007 and January 13, 2009, in the Western District of Kentucky, Hart County, Kentucky, KEN-DEC, Inc. and David Lester Becker, an Agent of KEN¬DEC, knowingly violated and caused others to violate the Clean Water Act by the discharge of electroplating waste water into a sink connected to the Horse Cave, Kentucky, Publicly Owned Treatment Works, and in violation of a Consent Decree with the City of Horse Cave.

(Resource Conservation and Recovery Act) Between January 13, 2004 and January 13, 2009, in the Western District of Kentucky, Hart County, Kentucky, KEN-DEC, Inc. and David Lester Becker an Agent of KEN-DEC knowingly violated the Resource Conservation and Recovery Act by disposing of electroplating waste waters without a permit through a hose that emptied onto the ground outside the facility at 1145 South Dixie Street, Horse Cave, Kentucky.

Joseph H. McKinley, Judge, United States District Court, sentenced KEN-DEC, Inc. and David Lester Becker to the agreed upon sentences, that is, a $700,000 fine for the corporation and 18 months’ imprisonment for Mr. Becker. Becker was also sentenced to a 3 year term of supervised release following incarceration. There is no parole in the federal judicial system.

The case was prosecuted by Assistant United States Attorney Randy Ream, and it was investigated by the Kentucky Department for Environmental Protection and the United States Environmental Protection Agency, Criminal Investigation Division.

“Our natural resources must be protected from being used as dump sites for hazardous wastes,” said 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.”

STATUTE:
  • Clean Water Act (CWA)
  • Resource Conservation and Recovery Act (RCRA)

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