Several local residents are asking when the county plans to begin enforcing the recently adopted County Powers Act, stopping two planned rock quarries in Dowelltown and in Liberty. The County Commission approved the County Powers Act which established clear distance requirements on rock quarries, along with landfills, data mines, methadone clinics and adult entertainment venues, but some say there has been no effort by the county to enforce the regulations.
At a meeting of the whole by the county commission last week, several residents spoke up at the meeting asking why nothing has been done to stop two proposed quarries by Smyrna Ready Mix at Snow Hill and Jones Bros. Alexandria Quarry in Liberty. Neither quarry has been issued the required permits by the state, and neither are in operation. The Liberty quarry in particular still remains untouched with no measurable progress as an operating facility, with the powers act specifically stating that
Matthew Pitt and Michael Antoniak, residents of District 2, Doug Walter of Nashville Highway at Snow Hill, and Carey Watson of Old Highway 53 off Highway 70.
“I am one of many here and we challenge you to enforce a regulation that you put into effect. It’s that simple,” said Watson.
Under the powers act, “No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment, or methadone clinic may be located within 5,000 feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional, or industrial establishment. Measurements shall be taken from the nearest recorded property line of the business to the nearest property line or boundary of the foregoing.”
But, according to County Mayor Matt Adcock, the regulations state that the distance requirements shall not apply to quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinics “in existence and in operation” on October 28, 2024. The question seems to be what constitutes in existence and operation?
“I have had several questions about the rock quarries,” said County Commissioner Myron Rhody. “The way its worded it sounds like they have to be in production, but if they have bought the property does that mean they’re grandfathered in. I’ve had people even up to today calling me and asking me. I said I’ll ask the question because that needs to be clarified because we don’t really know. They said the property (Jones Brothers) was purchased, but there’s been nothing done. No ground broken and to their knowledge no permits filed. Is that grandfathered in?”
“If so, the gentleman who asked me specifically said, well, if that’s the case, why can’t I put a bar or nightclub on my property I already own. Would it not be grandfathered in? I didn’t know how to answer him,” said Commissioner Rhody.
“Mr. Mayor with all due respect in your response earlier to Myron’s question about the county powers act, I got the impression you’re going to look for ways not to enforce it,” said Michael Antoniak during public comments.
“Doug Walter and I went to see (County Attorney) Hilton Conger two weeks ago and presented evidence on why the quarry on Snows Hill could be stopped. We showed that the company hasn’t applied for a required permit. We gave that evidence. If I was going to sell beer and didn’t have a permit, you would stop me I would imagine,” Antoniak continued.
“The permits are one thing but there were things you couldn’t put in the county powers act because its federal and federal is what regulates the rock quarry. The mine safety and health administration are over quarries. That’s the ultimate voice. The mine safety and health administration carry out the mandate of the mine act at all mining and mineral processing operations in the United States regardless of size, number of employees, commodity mines, or method of extractions.”
“Our county powers act said a business had to be in existence and either in operation or operational. The mine safety administration maintains a database on all the quarries in the country. I did a search at 4:45 p.m. today (Monday) for DeKalb County Tennessee. These are the quarries that are in operation. According to the federal regulatory agency who oversees these quarries neither of these quarries is in existence even a month after you passed the bill and the law you passed said they had to be in operation or operational. As of 4:45 p.m. today there is the Liberty Quarry from Rogers Group, the DeKalb County Highway Department Quarry, and a defunct Jones Brothers Quarry which has been abandoned and no longer in use. That should be all you need to know about whether or not to enforce this law. The same thing with the cryptocurrency mine. How are you going to define operation? I went out there (crypto currency mine) the day after you passed the act and all I saw was a telephone pole. How would you ever construe that as being operational of that crypto mine,” asked Antoniak.
County Mayor Adcock said the county commission needs to schedule a meeting with County Attorney Hilton Conger to get an answer on the legal definition of the terms “in existence and in operation” and how to apply them in these cases.
