By BETH ROBERTSON
HALIFAX - Halifax Town Council has agreed to take a “chemical trespass” ordinance billed as a tool for citizens’ protection to public hearing.
A planning commission public hearing on the ordinance, which is in response to Virginia Uranium’s proposed mining and milling operation at Coles Hill near Chatham, will be held at 7 p.m. Jan. 30 in Town Hall.
Council is expected to address the issue at its Feb. 12 meeting, Town Manager Carl Espy said Thursday.
Coles Hill is located about six miles from Chatham in Pittsylvania County. Halifax is located downstream from the proposed uranium mine, an estimated $10 billion ore deposit.
Southside Concerned Citizens is opposing mining citing concerns about air and groundwater pollution in the region.
Council’s action came during its Tuesday night session following a preliminary review of the proposed ordinance by Halifax attorney George Bagwell. The attorney said he had only a short time to review the long document, and said he had not reviewed the town’s most recent charter, which could have an impact on the issue.
Although Bagwell advised council he found nothing that he thought would hurt the town or create liability, he did question the enforceability of some clauses.
He also noted that towns and municipalities generally do not have the right to pass laws that will generate lawsuits. However, Bagwell said he was not an expert in the field, and the document would require additional study.
Similar ordinances have been passed by numerous communities in Pennsylvania to “stop corporate assaults,” according to Shireen Parsons, the state’s community organizer for the Community Environmental Legal Defense Fund, and the organization that provided the ordinance draft. Parsons said the ordinances have been used to protect citizens against mining and sludge disposal projects, among others, and have been effective.
Councilman Jack Dunavant made the motion to advertise the ordinance for public hearing, with a second by Councilman Dick Moore.
“The wolf is at the door,” said Dunavant, urging council to approve taking the ordinance to public hearing. The councilman also described the ordinance as “on the cutting edge of constitutional law.”
Bagwell described the ordinance as “really high-tech.”
Council agreed to the “encompassing ordinance” with the understanding some clauses could be cut or modified prior to final hearing.
Bagwell is expected to review the ordinance with attorney Tom Lindsey, who wrote the ordinance, prior to the public hearing.
Parsons said Lindsey would be happy to work with the town at no cost.
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