VDOT Orders Access Permits Revoked for Commercial Vehicles Entering Smith Landfill Effective August 31

Smith Claims He is Just Building Up Grazing Land and Building Ponds

Donovan Construction officials tell VDOT that Smith needs just a couple more months to finish off the topsoil importation to prepare for the newly constructed pasture land to be seeded.  Prince William County officials say they have heard that same old "song and dance" from Smith for over two years.  


Robert K. Richardson, the attorney for the Smith Landfill, asked VDOT to stay out of the dispute because what Smith is doing on his land is a legitimate farming operation, but even he argued the "land leveling is almost complete."  Richardson asked VDOT to "leave the permits in place, let the judicial process run its course, and see what happens when the court again deals with the issues in November."


VDOT refused, and determined that the "permits for the temporary construction entrances should be suspended effective August 31, 2011.  This will allow the Smith Farm time to complete their activities without continuing into the new school year."


Here is the letter from VDOT to Prince William County:

 

Here is Smith Attorney Robert K. Richardson's letter to VDOT:

 

VA DEQ Sees No Problems with Smith Dump

The Virginia Department of Environmental Quality provided the following report on their inspection of the Smith Dump:

Mr. Haddow, Delegate Marshall:

Thank you for notifying DEQ and expressing your concerns with the operation at Smith Farm.

On Friday, June 24, Dan Demers, DEQ Waste Compliance Inspector, inspected the site and operation and spoke with representatives of Donovan Construction and Smith Farm.

Dan observed the contents of approximately 20 trucks that arrived on-site to dump soils; none of the truck loads contained materials that would characterize the soils as either contaminated soil or as solid waste.  These observations match those made by DEQ in June 2010.  Donovan Construction, and Smith Farm, require haulers of each truck to complete a form stating that the contents are clean fill and they keep a log of any truck that is turned away for unacceptable material.

With these observations, DEQ has no reason to believe that the material being brought to Smith Farm is anything other than clean fill.  As such, the soils are not subject to Virginia’s Solid Waste Management Regulations or DEQ’s oversight.

Please let me, Dan, or Rich Doucette know if you have any questions.

Thank you.

Tom


Dan Demers              Waste Compliance Inspector      daniel.demers@deq.virginia.gov

Rich Doucette           Land Protection Manager richard.doucette@deq.virginia.gov

Thomas A. Faha

Director, Northern Regional Office

Virginia Dept of Environmental Quality

13901 Crown Ct

Woodbridge, VA  22193

703/583-3810

The following response was sent to Mr. Faha:

Mr. Faha:

I am attaching photos of materials that are a part of the landfill on the Smith property that now towers some 30 feet from the original topography of the land.  If you need affidavits from individuals who took these pictures and observed the content of the landfill you have determined to be in compliance with DEQ's standards, then I believe they can be provided.

The pictures speak for themselves.  I would appreciate your specific response to whether the materials shown in the pictures are in compliance with DEQ regulations, and if you believe that to be true, then cite the specific sections of your regulations that allow you to dump rubber-based products, plastics, asphalt and similar debris.  Even if Smith and Donovan have stopped bringing in the non-compliant materials, what has DEQ done to require the removal or mitigation of these obviously non-compliant materials that appear to be under the current landfill from previous loads dumped there?

When I spoke with the DEQ personnel they informed me they would schedule an appointment to visit the Smith Landfill.  Your description of the pre-arranged inspection, including a review of 20 loads and the manifests attesting it is only clean dirt, does not appear to be much of an inspection under the circumstances.

I am also attaching a price sheet that is represented to be a document provided by Donovan Construction where they charge more for loads that contain tires or asphalt.  Are these permitted materials, or considered "clean fill?"

I would appreciate your specific response to these questions.

Best regards,

Mac
--
Mac Haddow
mhaddow@comcast.net
703-754-6404

Dump Truck Inspection Clampdown!

While residents in the immediate area are focused on eliminating the dump truck traffic on Catharpin Road, there is an underlying issue about the safety of the trucks themselves.  The Prince William County Police Department is clamping down on unsafe trucks with regular inspections, and the heavy volume of dump truck traffic on Catharpin Road obviously provides an excellent opportunity to verify the compliance of the trucks with various commercial vehicle regulations.

Thursday afternoon, dump truck drivers heading to the Smith Dump encountered a safety check that at least provides a measure of comfort for drivers on the roads that the dump trucks will have to be fully compliant with safety specifications.

The next step is to ramp up speeding enforcement, and the requirement the dump trucks have to stay in their own travel lane.  The number of accidents, and near-accidents illustrates the ongoing safety hazard.

Thanks to the Prince William County Police Department for their assistance in doing all they can to keep the roads safe until we can shut down the Smith Dump for good.

Road Surface Fix Done -- Jury Still Out on Ditch Fix

VDOT adequately patched the asphalt pothole that was getting worse and worse each day that was located immediately in front of the entrance to the Smith Dump, but the fix to the damage to the shoulder and easement across from the Red Fence Farm is a little more murky.

It appears the contractor just smoothed out the contours of the ditch and did little or nothing to re-elevate the bottom of the ditch to where it was prior to the disaster with the dump truck.  If a car or truck left the road at that point, it would clearly bottom out on the frame just as the dump truck did that caused the problem in the first place.


It looks like VDOT needs to reassess this fix and make appropriate modifications to enhance the safety of this section of Catharpin Road.

Virginia Department of Environmental Quality Confirms Inspection WILL Take Place at Smith Dump By The End of Week

Officials at the Virginia Department of Environmental Quality (DEQ), in response to the Incident Complaint filed earlier this month, will send inspectors to the Smith Dump by the end of this week.

The Smith property owners have been claiming they do not accept any hazardous materials at the dump site that would create a threat to the groundwater or nearby waterways, but pictures of materials that have been dumped at the site dispute that. 

Just getting DEQ to agree to conduct an inspection is a great victory because that agency has, until now, been very reluctant to intervene on any land were agricultural activities may be occurring.

The pictures that were sent with the Complaint apparently convinced them it was worth a look.

VDOT Working On Ditch Today -- One More Step Forward

VDOT crews started work on Tuesday morning to repair the ditch on the road shoulder across from the Red Fence Farm on Catharpin Road.

VDOT is to be commended for taking this important step.

We certainly hope that the costs for this repair will be assessed against the Smith Landfill because the truck that caused this ditch was headed to the Smith Dump to drop its load.

The next repair that VDOT needs to focus on is the growing super-sized pothole directly across from the entrance to the illegal Smith Dump.  The road damage at that location is significant and needs repair to stop further damage that will be even more expensive to repair.

The dump trucks literally pound this road surface as the enter and exit from this location.

Prince William County Sends Demand to VDOT to Revoke Catharpin Road Access Permit to Smith Dump

Delegate Bob Marshall and Senator Colgan Join Supervisor Stirrup and Candidate Candland in the Fight to Protect Our Safety

Prince William County political powerhouses Senator Charles J. Colgan (D), and Delegate Bob Marshall (R), have added their names along side Gainesville Supervisor John Stirrup and Gainesville Supervisor candidate Pete Candland in the fight to make our streets safer from the incessant stream of dump trucks on Catharpin Road.

Senator Colgan is the senior member of the Virginia State Senate, and he has been a strong advocate for the Oak Valley community in the past, as well as other HOA's in the Gainesville area.

Delegate Bob Marshall is a fearless advocate for the issues he takes on, and Bob has agreed to help with protecting the safety of drivers on Catharpin Road.  He will be a great spokesperson for our effort to resolve the ongoing problem with the dump truck traffic to the Smith Dump.




Supervisor Stirrup has been our champion from day one on this issue, and the entire community owes him a huge thank you.  His tireless advocacy and strong voice on the Board of Supervisors has kept the heat on a bureaucracy that would rather look the other way.




Gainesville Supervisor candidate Pete Candland has been the first candidate in the Supervisors race to step up and publicly call upon VDOT to close the Smith Dump access road, and to stop the dump truck traffic that endangers the public.  We hope other candidates will have the courage to join Pete in helping us with this fight, no matter how powerful or how politically connected the Smith dump operators are.

The Great Catharpin Mystery Caper: Who Dunnit?

The signs were up for about six hours, and then they went missing.

Who could have stolen the signs?

Surely it wasn't anyone driving along Catharpin Road because everyone wants that ditch fixed.  It's a serious safety hazard that has gone on for three weeks now.

It is unlikely any average taxpayer stole the signs because none of them want to pay the bill to fix the ditch that was created by a dump truck headed to the Smith Dump.

So, if not them, who in the world would want to steal those signs?

Any ideas Mr. Smith?

VDOT: Fix This Ditch. And Make Smith Pay, Not Us!

Smith Says It's a Farm -- The Dump Truck Drivers Call it "The Catharpin Dump"

The Smith property owners want everyone, including VDOT and the Prince William County Board of Supervisors, to absolutely know that all they are doing on their property is running a farm.  This was the defense that was invoked in the public nuisance trial last year, and the Judge bought the argument, citing the very broad statutory definition of what farmers are allowed to do on their land.

However, the Prince William County Zoning Administration filed a violation notice that found that what Smith was running with all of the dump truck traffic was not a farm, but a land recycling center, and since the property was zoned only for agricultural use, the Smith property owners were in violation.  The fact that Smith was accepting money from construction debris haulers to dump their loads on his property supported the County's argument that this was a landfill operation.

For just a few weeks following the Zoning Violation, the Smith Landfill was shut down.  Then, the Smith Landfill started back up again.  Now Mr. Smith purportedly is claiming he is not accepting any money.  The County Attorney says there is still money or value exchanging hands, and the discovery in the case is ongoing.  Someone is just not telling the truth here.

If the Smith claim is true, then why are there loads of dirt being hauled OUT of the property?  If it really is to build up the land for grazing livestock, why would trucks be leaving with dirt from that site?

The edge of the landfill now exceeds 30 feet, and the only livestock that would graze on that dirt (assuming any grass could even grow on it) would be a mountain billy goat.  Has anyone ordered any mountain billy goat at the restaurant lately?

Dump truck drivers who bring the dirt into the Smith landfill have two names for the site:  (1) the Catharpin Dump; or (2) the Donovan Dump.  Donovan Construction handles the dirt processing in the landfill on the Smith property.

If you are interested, here is the definitions in the Virginia Code on what a farm activity really is:

§ 3.2-300. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Agricultural operation" means any operation devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity.

"Production agriculture and silviculture" means the bona fide production or harvesting of agricultural or silvicultural products but shall not include the processing of agricultural or silvicultural products or the above ground application or storage of sewage sludge.

(1981, c. 384, §§ 3.1-22.28, 3.1-22.29; 1991, c. 293; 1994, c. 779; 2007, c. 444; 2008, c. 860.) 

By the way, "silviculture" refers to the growing of trees.

VDOT Backs Off Ditch Fix Schedule -- Now It is "Going to be Put on the Maintenance Schedule"

 

VDOT has now backed off its commitment to have the dangerous ditch repaired today (Friday, June 17) because the ditch is so deep VDOT will likely have to hire an outside contractor to repair it. 

That, of course, will add to the taxpayers bill for this road damage caused by a dump truck headed to the Smith Dump.

VDOT Commits to Fix Deep Ditch on Catharpin Today -- Across From Red Fence Farm

VDOT Transportation and Land Use Director for Prince William County, Maria J. Sinner, committed in a telephone conversation last night to assign crews TODAY to repair the dangerous ditch created by a dump truck running off the road nearly 3 weeks ago.

The ditch, nearly three feet deep, has been an ongoing threat to traffic safety since the dump truck went off the road and its weight sank it to its axle, thereby creating the huge ditch.  This damaged shoulder is less than a quarter mile from Bull Run Middle School, and the school buses traveling on this section of road are particularly at risk when the dump trucks pass going the other direction, forcing school buses further to the road shoulder.

The dump truck that got stuck resulted in nearly two hours of delay, brought two fire engines and other emergency vehicles to the scene, and was so heavy a special tow truck had to be brought in from a remote location.

Dump Truck Inspections Ongoing on Catharpin Today

In a very welcome development, police are cracking down on the dump trucks and their drivers on Catharpin Road headed to the Smith Landfill.  Residents have been encouraging this action for many weeks, and the combined voices of citizens and Supervisor John Stirrup have apparently been heard.

Supervisor Stirrup has been the Champion of this issue from day one, and we all owe him a huge debt of gratitude.  He has strongly encouraged government agencies at all levels to assure that the Smith Landfill fully complies with all government regulations.

Stirrup strongly advocated to the Prince William County Zoning Office that stronger enforcement was needed when the Zoning Office had literally "checked out" on the issue claiming they could not see any obvious violations.  John Stirrup diligently stayed after Zoning officials, and they finally took action.

Everyone should pick up the phone and call Supervisor Stirrup's office and say Thank You!  The phone number is 703-792-6195.

Gainesville Supervisor Candidate Peter Candland Calls on VDOT to Review Road Access Permits to Smith Landfill

One of the real tests of leadership comes when candidates have the courage to stand up the powerful special interests in a community, and the Smith farm owners obviously carry a lot of clout in Prince William County.

It is refreshing to see a candidate who is willing to step up, to demonstrate the requisite courage, and take a stand against big money donors and powerful special interests.  There is at least one of the candidates running for office who is willing to do just that, and we hope his leadership will encourage others to join us in fighting to restore safety to our roads and community.

Here is the statement of Pete Candland, who is a candidate to replace outgoing Gainesville Supervisor John Stirrup, on the Smith Landfill problem.  

_________________________________________________

Candland Stands Up for Local Residents to Improve Road Safety

“I have serious concerns about the safety of drivers and children in this area”

Gainesville, VA – Peter Candland, Republican candidate for Gainesville Supervisor in Prince William County, today stood up for residents in Gainesville who have concerns about safety and traffic at a local landfill site.  Candland is calling on VDOT and the Board of County Supervisors to review access road permits that are allowing dump truck traffic to enter the Smith property landfill from both Catharpin Road and Artemus Road.

“As a father of four children, one of which will be attending a nearby school next year, I have serious concerns about the safety of drivers and children in this area,” Candland said.  “There have been numerous accidents as a result of the dump truck traffic in this area.  I have already been in contact with local leaders and VDOT representatives, and we are working towards a solution that will protect the safety of Gainesville families.” 

The Smith property was cited by the Prince William County Zoning Administrator on August 11, 2009 for violations of the County Zoning Ordinance for operating a Land Recycling Center.  The corrective action required was for the Smith property owners to "immediately and permanently cease deliveries and removal of dirt and fill to and from the property." 

Because of the failure of the Smith property owners to comply with this Violation Notice and Correction Order issued by Prince William County, the Board of Supervisors passed a resolution on October 26, 2010 to authorize legal action to abate zoning violations on the Smith property.  The Prince William County Attorney filed a Petition for Injunctive Relief with the court, and that motion is pending and scheduled for a hearing in November.

“Every day there are reports that cars have been forced off the road; trucks have crossed the center line; and that pedestrians and joggers have to evade these trucks.  It is imperative that we stop all of this dump truck traffic until all of these public safety concerns have been properly addressed," said Candland.

"This is a valid safety issue.  In my judgment, VDOT should immediately block these access roads until the Smith property owner can document he is in full compliance with every zoning, safety, and environmental regulation governing a commercial landfill," Candland concluded.

Peter Candland is a family man, businessman and community leader in Gainesville.  Candland, his wife Robyn, and their four children live in the Parks at Piedmont community, where Peter also serves as President of the Homeowners Association.  Peter is a senior strategist specializing in contract negotiations for an international technology company based in Northern Virginia.  The Candland family is active in their local church where Peter and Robyn both serve in leadership positions.

Smith Landfill Pictures Document Dump Materials

Road Damage From Dump Trucks on Taxpayer Dime (or Thousands of Dollars)

VDOT representatives acknowledge that Catharpin Road is taking a real beating from the dump trucks that regularly use the road to access to the Smith Landfill.  The shoulders all up an down Catharpin Road are being damaged by heavily loaded dump trucks on a road that simply was not built to handle commercial operations like the one being run on the Smith property.

VDOT knows the road surface right in front of the entrance to the Smith Landfill has been heavily damaged, and it gets worse every day.

The solution:  The taxpayers will have to pay to fix the road surface and road shoulders.  In a perverse outcome, taxpayers will actually be subsidizing the unsafe dump truck traffic on Catharpin Road servicing the Smith landfill recycling center.

Go figure.

The truth:  It is wrong to saddle taxpayers with fixing roads that are being damaged by a commercial operation.  It is wrong to have allowed the Smith Landfill without the approval of Prince William County; to build an access road without public hearings; meeting environmental requirements; and building turn lanes.  This commercial land recycling center must be shut down.

In an apparent attempt to reduce the resident and driver complaints about the dump truck traffic, the operators of the unapproved landfill have been diverting trucks out of the landfill operation via Artemus Road and onto Pageland Road.

It is a blatant attempt to hide the problem, and it expands the blight on our community.

The damage to the shoulder of Catharpin Road as you travel north about 1/4 of a mile from Bull Run Middle School occurred more than two weeks ago.  A fully loaded dump truck ran off the road, and its sheer weight caused it to sink to its axle and literally ground itself.  This shoulder damage remains as a serious safety hazard and VDOT has been aware of it from a report filed with them early this week (it is unknown if the police filed a similar report to get the damage repaired).

Drivers should use caution in this area.

Read the Complaint Filed by the Prince William County Attorney against the Smith Landfill

The following link is to the Petition for Injunctive Relief filed by Prince William County against the Smith landfill operation.

http://www.4shared.com/document/BafhoDuk/PW_County_Petition_for_Injunct.html

Read the Complaint to the Virginia Department of Environmental Quality

There are serious environmental issues with the ongoing landfill operations on the Smith property.  The following is a link to the Complaint filed with the Virginia Department of Environmental Quality (DEQ):

http://www.4shared.com/document/NpY2LCaa/VDEQ_Environmental_Incident_Co.html

DEQ is tasked with protecting the watershed and waterways that are impacted by landfill operations such as the one that is ongoing in the Smith property.

Read the Letter to Governor McDonnell on the Smith Landfill Issue

Here is a link to the letter that was sent to Governor McDonnell on the Smith landfill issue:

http://www.4shared.com/document/6hVEeG63/06-07-2011_Smith_Farm_Landfill.html

Join the Fight To Stop the Dump Truck Traffic on Catharpin Road!

The dangerous dump truck traffic on Catharpin Road traveling to and from the Smith landfill operation presents an ongoing threat to the safety of every driver who has to use this roadway.  All are encouraged to join the Gainesville Citizens for Safe Roads and speak out to Stop the Dump Trucks.

The accident that occurred on May 30, where a dump truck crossed the center line and forced a passenger vehicle off the road resulting in a following passenger vehicle colliding with and literally totaling the lead passenger vehicle.   Predictably, the dump truck driver who caused the accident failed to stop and fled the area.  A witness in a car following the dump truck reported the incident to the police and an investigation is ongoing.

Just a few days earlier, a dump truck traveling north on Catharpin, just 1/4 mile from Bull Run Middle School and across from the Red Fence Farm, ran off the road and its weight caused the truck to sink to its axle.  It took nearly two hours to pull the truck out of its self-created ditch, and traffic was blocked traveling both ways by emergency vehicles and tow trucks called to the scene.  The damage to the shoulder remains more than 10 days later and in itself constitutes an ongoing safety hazard.

You can help to Stop the Dump Truck Traffic on Catharpin Road.  First, sign up as a "Follower" on the button just to the right of this post.  Then, be certain to click on the "Follow By Email" button and enter your email address.  That way you can stay up to date with every new post.

Then, send the link to this blog to all of your friends and ask them to join as a follower.  We need as many people as we can joining our fight to Stop the Dump Trucks on Catharpin Road!

http://stopthedumptrucks.blogspot.com/