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From Pace 1 law, for the disposal of the county’s solid waste. No such plan for solid waste disposal has been devised for Rappahannock County, the letter concluded.
“We’ve stood on the principle of private ownership (of a landfill) for the last year,” said Luke. A number of alternatives have been considered but so far, the only possible solution to the county’s trash problem has been the property on Route 522, he maintained. This tract is the only land that has been found with an owner willing to sell for landfill purposes. “There’s no easy way out of the dilemma,” concluded Luke, “We’ll get complaints whether we lease, go private or go public.”
The Updikes’ trash business is a small operation and would require only two to four trips by a trash truck per week into the landfill, said Luke, discounting charges that the operation would cause heavy traffic loads on the access road.
LUKE said he had met informally the night before with Planning Commission Chairman Herbert Barksdale, Zoning Administrator Evan McNear and BZA Chairman J. M. Gardner. They had discussed the landfill issue and decided that the possibility of drawn out litigation on the part of adjoining property owners may nullify the use of the Route 522 site, even if it was approved. “Could it be used while under litigation?” Luke asked Davis.
Davis replied that it couldn’t.
Supervisor J. R. Latham commented that the same restraints would apply whether landfill property was leased or bought outright, private operation or public.
Davis suggested that the Board continue with the initial plan and begin the rezoning process to establish the landfill. When asked again by Luke as to the law regarding the possible use of the Route 522 property if neighbors brought suit to block the landfill’s establishment, Davis said that anyone can litigate any action the county takes.
“I’m not going to give you a shotgun answer without the facts. You’ve got to ask a sensible question before I can give you a legal answer,” Davis continued, adding that he would need to know under what law the injunction was requested.
The Supervisors can act to rezone, creating a new district for a sanitary landfill and then, in an amendment to the county ordinance, provide for a special use permit to be issued by either the Supervisors or the BZA, advised Davis. Under current regulations, only the BZA can issue a permit in an agricultural zone for a landfill without first rezoning.
HOW does the Board get around the problem of going on a man’s land and making tests for soil suitability to determine exactly where the rezoning should occur,
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