Residents press commission for cease-and-desist and noise rules as generator complaints mount

Multiple residents asked the Bourbon County Commission during public comment on Oct. 20 to act immediately on a loud, continuous humming coming from a nearby generator installation.

Speakers said the noise is audible at distances of miles on some days, has caused headaches and sleep disruption, and is constant at the property line. They asked the commission to issue a temporary cease-and-desist order to stop the operation while the county investigates and to enforce the existing moratorium on expansion of crypto-mining-type operations.

Commissioners said they had been in touch with county legal counsel and that the site—s attorneys had asked for a continuance, which is why the site operator was not at the meeting. Commissioners also said KDHE and other state agencies had been contacted and that legal counsel would advise whether a local cease-and-desist or an injunction is appropriate.

Several residents pressed the commission to obtain an objective, certified sound reading using calibrated equipment and an industrial hygienist or sound consultant. Commissioners and staff discussed options: first, ask KDHE whether it will measure or investigate; second, hire a certified sound consultant or industrial hygienist; third, craft a county noise resolution with decibel limits and duration rules, and fourth, consider fines or other enforcement mechanisms if a local ordinance is violated.

Commission discussion emphasized process: a moratorium the commission adopted earlier prevents new expansion but generally does not retroactively remove existing uses on property that predate the moratorium. Legal counsel told commissioners a moratorium may not stop activity lawfully located on the site but can limit future expansion. Commissioners said they want to draft a noise resolution tailored to Bourbon County rather than copying another jurisdiction—s ordinance, and planned to consult KDHE and the Kansas Association of Counties for model language and enforcement options.

Next steps: commissioners asked staff to contact KDHE and report options, to obtain pricing for certified sound consulting (measurement, frequency analysis, and duration assessment), and to return with draft ordinance language. During discussion they set a tentative follow-up date for discussion on Nov. 10.

Ending: Residents said they will continue to press for immediate action; the commission said it would engage legal counsel and KDHE and would bring a proposed noise-resolution path back for action, while acknowledging that any immediate enforcement may require court action or state agency involvement.