KDHE cease-and-desist cited as commissioners review complaints about alleged industrial dumping

Dominic Ciccarelli presented photos and emails documenting what he described as industrial waste operations at Coal Creek and urged county officials and the county attorney to pursue enforcement. He told the commission he had retained counsel and said the operator had acted retaliatory toward his complaints.

“He does it because he's petty and he's retaliatory,” Ciccarelli told commissioners while describing the conduct he alleged. Commissioners said they had been copied on KDHE correspondence and that the state had issued a cease-and-desist order for the property; one commissioner said the county would look at what local enforcement steps might be available if KDHE referred the matter to the county attorney.

The county counselor and commissioners noted KDHE retains the primary enforcement authority for permitted activities, but they said they would track whether KDHE referred any administrative or nuisance enforcement to the county attorney for prosecution or other action. The county said it expects to have more information in the coming weeks on potential next steps.