Court Date Set in Wilbros Civil Case

A new court date is set in the civil suit filed by Stephens County Commissioners and others against Wilbros over the odor controversy surrounding the Rose Lane facility.

Judge Robert Adamson has ordered both sides back in to court for a hearing on March 20 at 9:30 a.m. in the Stephens County Government Building in downtown Toccoa.

Stephens County Attorney Brian Ranck said the hearing has two main purposes.

“The purpose of the hearing is to hear any pending motions,” said Ranck. “He also put in there to review his emergency contempt order.”

Ranck said he may look at potential violations of that contempt order.

It was a year ago today that Judge Adamson ruled that Wilbros was in contempt of both the various Georgia Environmental Protection Division orders in place, as well as his December 2012 court order in connection to a civil suit filed by Stephens County and others against the Rose Lane facility.

As a result, Adamson ordered Wilbros last year to cease and desist from releasing offensive mal odors at a distance of 1,000 feet or more that are detectable on a continuing basis or be forced to close.

However, no action has occurred since that order was issued last year.

Since then, an administrative law judge has upheld an administrative order by the Georgia Environmental Protection Division revoking Wilbros’ solid waste and waste water discharge permits over multiple permit violations.

Wilbros is appealing that ruling and a hearing on it is scheduled for April 2nd in Fulton County Superior Court.

Under the terms of a stay granted in connection to that appeal, Wilbros is not allowed to accept any new waste for its compost operation while the appeal is being heard and is only allowed to continue to turn the piles and do work as long as needed to actually produce the compost for what is out there now.

Also, Wilbros is only allowed to continue to take Coats & Clark wastewater and wastewater from the office bathrooms at Wilbros and just enough influent to keep bacteria in Wilbros’ wastewater ponds alive while the appeal is heard.