Kelley Lee Starbuck, Violating CERCLA 9603(b), Kansas 2007

WICHITA, KS – A Kansas man has been sentenced to probation and hefty fines after illegally attempting to dispose of hazardous waste drums on his property, a violation stemming from a previous environmental enforcement action. Kelley Lee Starbuck, of rural Kansas, was sentenced in February 2007 after pleading guilty to a federal charge related to the unlawful handling and attempted incineration of creosote-filled drums.

The incident unfolded on February 9, 2006, when local authorities responded to reports of a smoky plume with a pungent odor emanating from Starbuck’s farm. Upon investigation, they discovered Starbuck excavating a pit and attempting to bury a collection of drums. The operation went awry when material within the drums – later identified as creosote – leaked and ignited due to nearby open burning of brush, creating a hazardous situation.

According to court documents, these weren’t newly acquired drums. Starbuck had previously been a partner in a now-defunct oil blending operation. Crucially, the drums he was attempting to bury and burn were subject to a consent order issued over a decade prior. This earlier order mandated the proper disposal of *all* drums from the oil blending facility, regardless of their contents, at a licensed hazardous waste facility. Starbuck admitted to knowingly violating this previous directive.

The case, investigated by the Environmental Protection Agency (EPA), highlighted a deliberate disregard for environmental regulations and a history of non-compliance. The initial consent order aimed to mitigate potential environmental damage from the oil blending operation, and Starbuck’s actions directly undermined those efforts, potentially exposing soil and groundwater to hazardous substances.

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Legal Ramifications

Starbuck was charged with one count of violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), specifically 42 U.S.C. 9603(b) – relating to failure to notify authorities of a hazardous substance release. He pled guilty and received a sentence of 36 months probation. In addition to probation, the court ordered Starbuck to pay a $100 special assessment fee, a $5,000 federal fine, and substantial restitution totaling $19,632.68. This restitution was split between the U.S. EPA ($17,935.18) and the Kansas Department of Health and Environment ($1,697.50) to cover cleanup and associated costs.

Key Facts

Defendant: Kelley Lee Starbuck
Location: Rural Kansas
Crime: Illegal hazardous waste disposal (creosote-filled drums)
Statute Violated: 42 U.S.C. 9603(b) (CERCLA – failure to notify)
Previous Order: Subject to a consent order over 10 years prior requiring proper drum disposal
Penalties: 36 months probation, $5,100 in fines & assessments, $19,632.68 restitution

The EPA continues to prioritize enforcement of environmental laws to protect public health and the environment. This case serves as a stark reminder of the consequences of deliberately flouting environmental regulations and attempting to circumvent established hazardous waste disposal procedures.

Source: EPA ECHO Enforcement Case Database

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