Salmon, ID – William Allen (Billy) Hurlbut Jr. faced federal charges in 2013 after illegally disposing of hazardous waste and damaging government property at Birch Creek Campground near Salmon, Idaho. The incident, initially investigated by the Environmental Protection Agency (EPA), revealed a concerning disregard for environmental regulations and resulted in a guilty plea and sentencing.
On July 10, 2012, authorities observed Hurlbut burning a pile of wire within a public fire ring at the campground. Subsequent investigation and laboratory analysis revealed the burned material contained hazardous levels of lead. A Toxicity Characteristic Leaching Procedure (TCLP) analysis showed lead concentrations of 5.660 and 7.69 parts per million (ppm) – exceeding the federal hazardous waste limit of 5 ppm.
The EPA’s findings led to charges of violating the Resource Conservation and Recovery Act (RCRA), specifically 42 U.S.C. 6928(d)(2)(A), which prohibits the illegal disposal of hazardous waste. Hurlbut was also charged with destruction of government property under 18 U.S.C. 1361, due to the damage caused to the fire ring and potential contamination of the public campground.
However, the case took a turn on December 20, 2012, when Hurlbut entered a guilty plea to the destruction of government property charge. In exchange for the plea, prosecutors dismissed the RCRA violation charge. The decision to pursue only the property damage charge remains unclear, potentially influenced by the complexities of proving intent regarding the hazardous waste disposal or the defendant’s financial situation.
During sentencing, Hurlbut received a term of time served – equivalent to 100 days, or roughly three months and ten days – along with 36 months of probation. He was also ordered to pay $3,606 in restitution to the Bureau of Land Management to cover the costs of repairing the damaged fire ring and assessing potential environmental impact. Notably, the court waived any fine due to Hurlbut’s demonstrated inability to pay.
This case highlights the ongoing challenges faced by federal agencies in enforcing environmental regulations, even in seemingly remote areas like Birch Creek Campground. While a guilty plea was secured, the dismissal of the RCRA charge raises questions about the full extent of accountability for the hazardous waste disposal. The incident serves as a reminder of the potential dangers posed by improper waste management and the importance of responsible environmental practices.
Key Facts
- Defendant: William Allen (Billy) Hurlbut Jr.
- Location: Birch Creek Campground, Salmon, Idaho
- Date of Incident: July 10, 2012
- Laws Violated: 18 U.S.C. 1361 (Destruction of Government Property), 42 U.S.C. 6928(d)(2)(A) (RCRA – Illegal Hazardous Waste Disposal – *charge dismissed*)
- Hazardous Substance: Lead (detected at 5.660 ppm and 7.69 ppm, exceeding the 5 ppm limit)
- Penalties: Time Served (100 days), 36 months probation, $3,606 restitution to the Bureau of Land Management. Fine waived.
Source: EPA ECHO Enforcement Case Database
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