A CALL TO ACTION!

Supervisors Dodging Their Legal Duty !

February 18, 2008Honorable Members of the Pittsylvania County Board of Supervisors

Members of the Pittsylvania County Solid Waste Committee,

Pittsylvania County's Administrator has rendered an opinion that the county does not have to enforce its own Waste Ordinance regarding the uranium core drilling currently being conducted 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 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 Ordinance 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.)According to Conrad Spangler of the Department of Minerals, Mines and Energy (DMME) there are no regulations in place for exploratory drilling. However, he states that Code of Virginia 45.1-273-285 applies to exploratory drilling.

Mr. Spangler appeared unaware of any reason why Virginia Uranium would be exempt from local ordinances in the exploratory drilling phase.

Mr. Sleeper has not made a case for exempting Virginia Uranium Inc. from Chapter 29, the Pittsylvania County Waste Ordinance. He had no grounds for determining that Chapter 29 is not applicable. In fact, and according to the information Mr. Spangler has given us, he has referenced inappropriate Virginia law. Section 10.1 – 1400 through 10.1 – 1457 of the code of Virginia 1950, as amended, and specifically Section 10.1 – 1406.2 setting specific exemptions deal with mining. As you know, uranium mining in the Commonwealth of Virginia is currently illegal.

If you insist on applying the regulations as proposed by Mr. Sleeper, are you condoning an illegal activity as per the code of Virginia? Surely not. If you apply the correct law, as per Mr. Spangler of the DMME, then I would ask you to issue a cease and desist order to VUI until our local waste ordinances can be put in place, including public hearings.

VUI has always promoted that they want the utmost in safety for our citizens. They have also made it clear that the current drilling is not for profit taking. In light of this, I’m sure that they will agree that this would be the best course of action for all concerned.
Thank you for your consideration of this request.

Respectfully,

Gregg Vickrey

232 N. Main St.

Chatham, VA 24531