Compost pile deemed Amargosa nuisance

Allegations of nuisance pig farming practices made by Amargosa Valley Town Manager Mike Cottingim resulted in an abatement mandate by the Nye County Commission by a 3-2 vote on Tuesday.

Cottingim asked the commission to take action against property owner Steven Settlemyer who land officials claim is “injurious to public health, or indecent and offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property.”

Cottingim stated that the property located at 2712 E. Cook Road in Amargosa Valley was a nuisance because standard composting methods, which included chipping, watering and aerating organic matter, were not being used.

He further claimed the property was not being used as a pig farm, rather it was an illegal dump site. Further offenses, according to Cottingim, include a lack of agricultural water rights on the property. “We are not really sure what is going on there,” he said. Also cited was a fire hazard created by the various compost piles.

The land owner has been given 30 days to address the issue.

While Cottingim admitted that the charges probably do not amount to an “exact determination” of a nuisance for neighboring property owners, his belief is that the property is being used as an unregulated dump site.

As part of a quasi-judicial hearing, Cottingim submitted a sworn statement to the commission, which stated that he observed a semi-tractor trailer dump landscape debris on the property and that “milk waste” was spread onto the debris pile. He verified the milk waste discharge, he said, by speaking with the truck driver.

Matt Parker, representing BAE Industries, who operates the pig farm on the property, testified that he uses standard, acceptable composting and farming practices.

He told the commission that he uses “green” waste as a component of compost and that the farm is in compliance with regulations as set forth by the Nevada Department of Agriculture.

The straw bedding that he uses for his 60 Berkshire and Red Wattle hogs is also composted to reduce offensive smell and absorb animal waste to prevent leaching into groundwater.

He told the commission that his livestock is kept approximately 650 feet away from the water source, as part of good-farming practice.

Settlemyer said a water rights company has processed the necessary paperwork with the state water engineer, but could not speak to what information was available on the state water engineer’s website.

Commissioner Lorinda Wichman voted against a finding of a nuisance property stating that the term “offensive” was subjective, with Commissioner Dan Schinhofen also voting against the measure.

Parker said that he will abate the problem, as directed, by bringing in grinders a little more quickly than originally planned and producing wind rows to continue with the compost process.