Commission votes to seek legal counsel as residents question SRM quarry permit grandfathering under County Powers Act

Several residents and speakers urged the DeKalb County Commission to enforce the County Powers Act against SRM’s Driver Road (Snowshill) quarry and questioned whether SRM qualifies for grandfathering because of the company’s permit timeline. Commissioners approved an ad hoc committee to consult a Nashville law firm that specializes in county municipal matters to evaluate possible legal actions.

Lucas Antoniak, who said he lives in District 2 and serves on the DeKalb County Library Board, told commissioners SRM “had not submitted their completed wastewater permit to the state until 11/13/2024, a full 2 weeks after the County Powers Act was passed and enacted by the County Commission on October 28, effective immediately.” Antoniak said SRM’s own website did not list the Driver Road quarry as in operation and noted a history of state violations and TDEC enforcement at other SRM sites.

Steve Cantrell of District 5 described the state enforcement and inspection context: he told the commission Tennessee has “only 10 inspectors to inspect mines across the state” and that the state relies on operators for regular testing; property owners’ primary remedy for damage to neighboring properties is to sue the operator, and the state’s maximum fine for certain violations can be $25,000, he said. Cantrell urged the commission to enforce the County Powers Act, saying failure to do so could create legal liability for the county.

Commission action and legal consultation: Commission members discussed obtaining a consultation with a Nashville law firm recommended by county counsel. Commissioners approved a motion to appoint an ad hoc committee to meet with the firm and report back; the roll call recorded 13 yes votes and the motion passed. Commissioners noted legal costs could be significant — one speaker said Grundy County spent about $100,000 pursuing a similar quarry-related dispute and that the Tennessee Supreme Court will hear oral argument in Tinsley v. Grundy County on May 29.

Why it matters: Speakers argued SRM’s permit timing could mean the company is not eligible for grandfathering under the County Powers Act; if so, SRM’s operation could be restricted or challenged. Commissioners said they need specialized legal advice to evaluate the county’s prospects and the potential costs of litigation.

Speakers included Lucas Antoniak (DeKalb County Library Board member, District 2), Steve Cantrell (resident, District 5) and multiple commissioners/staff who discussed arranging and staffing the ad hoc committee. The commission directed staff to arrange consultations and to form a small group of commissioners to attend a consultation meeting in Nashville.