What a nuisance

The question of control over what happens on private property arose in the county commissioners’ room last week when local landowner Monte Straley questioned who is responsible for protecting a person’s rights when a nuisance is caused by a neighbor. Straley visited the commissioners to ask for information as part of his own research.

County Attorney Joe Baron explained that there are “some things that some entities can do” when it comes to what happens on private property, but that the county has few rules in place on issues such as zoning and therefore its control is “relatively limited”.

Statutes do exist to regulate a person’s impact on their neighbor, but “it just depends on what it is,” Baron said. Many things are state controlled, such as the DEQ taking responsibility for septic tank permits and other land, air and water quality issues.

Straley explained that his particular issue is pentachlorophenol, a chemical used to treat wood power poles. He told the commission that his neighbor runs a power pole storage business and the chemical appears to be present in his own soil and groundwater.

Pentachlorophenol is an organic chemical that luckily doesn’t absorb too well into basic soils, he said, but if it is not absorbing, then “any run-off is going down into the groundwater through the sinkholes that are there.”

Straley sent samples to the DEQ in August, but has received no reply, he said. Baron suggested he has the right to sue and claim trespass, commenting that, “That’s an alternative that’s available to any citizen.”

Baron further explained that the county does not really regulate businesses.

“We’re not like a town that has a lot of ability to regulate all that,” he said, adding that the commission also has not chosen to regulate it. He mentioned that drinking water issues in a situation that qualifies as a public water system could be under the umbrella of the Environmental Protection Agency, as Wyoming has never home-ruled on drinking water.

Straley thanked the commission for the information and stated that it was exactly what he needed to find out.