In mid-Sept. 2003, just days before the plant began operation, the Wythe Co. Board of Supervisors passed an Emergency Ordinance to include setbacks for asphalt plants. W-L sought and received an injunction to operate. In October, a judge in Wytheville ruled against the Emergency Ordinance, thus allowing the portable plant to operate. Currently, there are 81 asphalt plants in Virginia. Of those, 13 are portable plants and 68 are stationary. Although surrounding states (that distinquish between stationary and portable plants) require public notification before relocating portable plants, Virginia does not.
Wythe Environmental Action Group, a BREDL chapter, is fighting the relocation of a so-called "portable" W-L Construction & Paving, Inc. asphalt plant along Black Lick Rd. near Rural Retreat in Wythe County, VA.
W-L Construction & Paving would be allowed to operate this asphalt plant for 18 months, then they could request an extension of operation from the Virginia Dept. of Environmental Quality.
This plant may be allowed to operate under a permit that was issued on October 18, 1991 in Scott County, VA.
1991 Scott County permit emissions
Although not listed in the
above permit, Polycyclic Aromatic Hydrocarbons
(PAHs), Benzene, Formaldehyde, Arsenic, and
Cadmium are some of the Hazardous Air Pollutants
that would be emitted.
July 25, 2003: BREDL and WEAG cite numerous
flaws with DEQs approval of Wythe County
asphalt plant. Groups request DEQ to stop
relocation and re-open permitting process. Read Press
July 25, 2003: BREDL and WEAG letter to Virginia
DEQ Director Robert Burnley requesting
determination of permit exemptions.
Sept. 02, 2003: BREDL and WEAG Appeal to Virginia
State Air Pollution Control Board regarding VA
DEQ determination of exemption for W-L asphalt