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Ihe Aug. 29 work session was designed to afford the Planning Commission the opportunity to consider all public comment received through their Aug. 15 meeting, and to modify the draft ordinance accordingly.
Commissioner A1 Henry was the first to the plate with a suggestion that paragraph A2 of the ordinance be changed to restrict the land application or storage of biosolids or sludge to “Agricultural and Forestal Districts," instead of “Agricultural Zoning Districts.” This proposed change would sharply reduce the available land for sludge application in the County but its intent, said Mr. Henry, would be to restrict the use of sludge “to those dedicated and committed to agriculture.”
Mr. McCarthy noted that this change would require changes to other County ordinances, and he said that “this would be a big policy shift” He estimated that only one-tenth of the County’s agricultural land was currently in Agricultural and Forestal Districts. Mr. Luke suggested that Die restriction of sludge to Agricultural and Forestal Districts was not as defensible in a lawsuit as would be its restriction to Agricultural Zoning Districts but, he said, “it’s a policy matter.”
County Attorney Luke has been extremely sensitive to the defensibility of aspects of the sludge ordinance, especially given the propensity of Synagro, a Texas-based biosolids processing and disposal corporation, to pursue its interests in the courts in Virginia and elsewhere in the United States. He provided an update on one of those lawsuits—a suit against Louisa County and its sludge ordinance—noting that Louisa County had agreed to remove the requirement for sludge application setbacks that exceeded the State requirement and to remove the requirement that Nutrient Management Plans be performed by a third-party vendor in lieu of the sludge applicator.
Despite Mr. Luke’s cautionary advice, the Commission agreed to include this change promoted by Mr. Henry. The Supervisor's representative to the Commission, Ron Frazier, suggested that the change be included in the draft ordinance for the next public
See ORDINANCE, Page AS
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