Pittslvania County's Administrator has rendered an opinion that the county does not have to enforce its own Waste Ordinance on the uranium drilling going on at Coles Hill because the county must defer to the Virginia state Department of Mines, Minerals, and Energy regulations regarding the drilling.
However, we have learned through some research by a SCC affiliate that the opinion is incorrect! Rather, the Virginia Code that specifically authorizes the DMME also states that the DMME shall not supercede any other state or local governing body. Thus, the county's Waste Ordiance does indeed apply.
Citations:
Regarding the relationship between DMME's program and other jurisdictions, the regulation of uranium exploration by drilling by the DMME is separate from and does not alter the authority of any other state or local laws and regulations. Please see Section 45.1-284 of the Code of Virginia for information on the relationship of the DMME program to other state and local governing bodies.
§ 45.1-284. State and local authority.
Nothing contained in this chapter shall be construed to alter the authority of any state or local governing body, including the authorities conferred under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2, relative to matters which are the subject of this chapter.
(1982, c. 269.)
Thursday, February 14, 2008
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