http://www.goochlandcourier.com/news/view_sections.asp?idcategory=51&idarticle=1976
To the Editor:
Your recent sludge article is incorrect when it says Virginia Counties cannot control land application of sewage sludge.
Federal sludge laws specifically provide that localities can enact sludge rules more stringent than federal sludge laws. See copies of the federal laws posted on the Internet by Attorney Chris Nidel http://www.nidellaw.com/blog/?p=17
I have two emails in 2008 from EPA sludge administrator Rick Stevens acknowledging that localities can enact stricter sludge rules than federal rules.
Bullies in the waste industry and Virginia sludge "regulators" have been forcing toxic /pathogenic sewage sludge from urban and industrial sources on unwilling rural communities in Virginia for years.
The Amelia County court decision only dealt with state issues and did not address federal laws specifically granting local control. Under the Supremacy Clause of
the U. S. Constitution, federal law trumps state law, and states cannot take away powers specifically granted to localities by federal law. And 'Dillon's Rule" specifically recognizes that it is subordinate to powers granted to localities in express words by federal law. (see attached file).
I would be happy to provide you with lists of communities in Florida, New Hampshire and California, to name a few, who have exercised their rights to local sludge control.
For more information on local control: http://www.sludgevictims.com/local-determination.html
Virginia sludge victims: http://www.sludgevictims.com/States/Virginia_sludge_victims.html
Helane Shields, PO Box 1133, Alton, NH 03809 sludge researcher since 1996 http://www.sludgevictims.com
