Residents Press Bourbon County for Moratorium as Generators, Data Centers Raise Noise and Safety Concerns

Residents near a cluster of abandoned oil wells told the Bourbon County Commission on Oct. 6 they are suffering constant, intrusive noise from generators and asked commissioners to impose a moratorium and adopt a noise resolution to stop expansion of the operations.

The complaint was led by Derek Raines, who said the noise has been “overbearing” and that “my stress level is skyrocketed” because of a persistent humming he can hear inside his home. Kimberly Sparks, who lives about three-quarters of a mile from the site, said, “It's a very low pitch, but it's constant,” and described feeling vibration in her house.

Sheriff Martin told the commission the sheriff's office has received affidavits and will “be moving forward with this investigation” and will forward a completed report to the county attorney, who decides whether criminal charges or statutory violations apply. The sheriff also said Evolution Technology LLC — the company identified in records — is licensed to operate in Kansas.

Advocates and outside experts who addressed the commission raised additional concerns about regulatory gaps. Virginia Maka, who said she runs a small group that monitors Kansas Corporation Commission (KCC) actions, told commissioners federal grants had been available to plug abandoned wells and said she was puzzled that wells listed for plugging were being repurposed to power data centers. “For them to be drawing gas out of a well, I just didn't know what that looked like,” she said.

Commissioners told residents they have been consulting county counsel and collecting information from other counties that have faced similar developments. Commissioner Milburn said the commission would place a draft moratorium on next week’s agenda and also keep the Oct. 20 meeting open for follow-up. Commissioners cautioned that a moratorium typically must be published once approved and that it may not apply retroactively to businesses already operating, a point the sheriff reiterated when discussing ex post facto limits on local action.

The commission directed staff to prepare a draft moratorium and said the item will return to the board next week for further discussion. The sheriff asked residents who filed affidavits to be available for follow-up interviews so deputies can complete the investigation.

The matter touches multiple regulatory authorities at the county and state levels: the county can adopt resolutions or moratoria but lacks authority to enforce some aspects governed by the Kansas Corporation Commission and the Kansas Department of Health and Environment (KDHE). Sheriff Martin said KDHE and the KCC may have investigative roles beyond the sheriff's office and county attorney.