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Resident: industrial waste dumping on private 341st Road has damaged ponds and air quality, asks county for relief
Summary
A resident representing nearby property owners told the board that repeated industrial waste dumping on a private road is causing pond sedimentation, road damage and air-quality impacts; he asked the commission to research legal authority and return the matter to the Aug. 18 agenda.
At the Aug. 5 Osage County Commission meeting, Dominic Cicarelli said he was speaking for residents along 341st Road and described years of alleged industrial waste dumping and damage to his property and pond.
"I'm here on behalf of residence on 341st regarding a 1 pumping jet, industrial waste dumping, public nuisance. We want relief, and we want it now," Cicarelli said. He told commissioners he has taken photographs, retained an attorney and said state agencies such as KDHE have so far not resolved the complaints.
Commissioners acknowledged conflicting information about whether a contested road segment is a private road or a township road and said the county’s legal counsel needs to review the documents to determine whether the county has enforcement authority. The chair agreed to place the item on the Aug. 18 agenda for additional information and for staff counsel to evaluate legal options.
Why it matters: The complaint raises questions about who has permitting and enforcement authority: KDHE (state regulator) or the county and whether county civil remedies or private litigation are the appropriate path. Residents said the issue affects water and air quality and the structural integrity of local roads.
What the county will do next: The commission asked staff to compile the documentation the resident supplied and to have county legal counsel review regulatory jurisdiction and potential county actions before the Aug. 18 meeting.
