Q: How can we stop our neighbor from nuisance burning trash?
We live outside city limits near Enid, Oklahoma and our neighbor burns hay that has been soaked in goat urine and feces as well as burning her household trash every day. The piles are burning and/or smoldering constantly and the smell is horrible. Our home, clothes, cars, and even hair smell like smoke. We have spoken to her about the burning but she refuses to stop. Recently we contacted the Dept of Environmental Quality. They sent her letters stating it was illegal to burn anything other than wood in an open burning situation. The neighbor's response was to build a small metal shed in which she continues to burn her trash and smelly hay. I'm not sure if this satisfies the legal code in regards to burning but it certainly doesn't help our situation having to deal with the nuisance smell. Is there anything else we can do?
A: Consult an Oklahoma personal injury attorney; you might have a private nuisance case which can be remedied by an injunction or money damages. Good luck.
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