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.