Baldwin would later motion, unsuccessfully, to pass some type

Baldwin would later motion, unsuccessfully, to pass some type of control on sludge immediately.

But the prevailing mood of the Board (Supervisor Nelson Lane was absent) was summed up by Supervisor Charles “Pete” Estes. “We don’t want to make a move before we know exactly what we’re getting into.”

Commonwealth’s Attorney Peter Luke supported the mood of the Board. He told the supervisors of a talk he had had with the Commonwealth’s Attorney in Caroline County, which did ban sludge. Caroline County, though, is now being sued by Biogrove, Inc. because it had a permit to spread sludge in that county. Rappahannock at present is bound by no such arrangement with an outside company, but it is something that could happen, said Luke in a conversation.

The Board’s cautiousness provoked sharp opposition. Responding to Luke’s comments, David Konick shot back to the Board “The fact that you might be sued doesn’t mean you should not ban it (sludge). The point is, if there are health hazards, reasons ±or banning it, then you should do it. Any ordinance passed is considered valid until proven illegal.” Said Konick, “Pass an ordinance if it is right — and let them sue you.” He told the supervisors that they have an attorney (Luke) who can defend them.

Phil Irwin reminded the Board that any ordinance can always be revoked if it is found to be inadequate, “so do it now,” urged Irwin.

Then Bob Eastham stood up and argued, “If the public health is in danger” then the Board should ban sludge now. He continued “I hope that a majority of the Board won’t say go ahead and spread it. There is no harm in Mr. Konick’s statement that we should take a stand. Later on, if a problem arises, let’s take care of it then.” Eastham urged the supervisors to ftnact an ordinance that would say in effect “We