EPD v. Wilbros Case Still in Admin Law Court

Stephens County Attorney Brian Ranck said that the parties involved in the Georgia Environmental Protection Division’s case against Wilbros are waiting for a judge to schedule another round of oral arguments.

Ranck said that both sides submitted proposed orders to the administrative law judge hearing the case earlier this week.

Administrative Law Judge Ronit Walker with the Office of State Administrative Hearings is currently considering whether to grant Wilbros’ appeal of the EPD administrative order calling on the facility to close.

The hearing phase of that appeal began back in May and, after some continuances, concluded in late August.

Following the testimony during the hearing phase of the appeal, both sides prepared their “proposed findings of facts” in the case, which is what has now been submitted to the administrative law judge.

According to attorney Don Stack, who is representing Stephens County government in the case, the proposed findings of facts are the conclusions each side thinks the evidence shows in the case.

The oral arguments that are yet to be scheduled will be based on those written proposed findings of facts.

Ranck said they are hopeful those oral arguments will take place in the next month or so.

A ruling will not be made in the appeal case until sometime following the oral argument and either side can appeal the decision of the administrative law judge to Superior Court.

Wilbros received this hearing after appealing an administrative order issued by the state’s Environmental Protection Division in January.

That order from the EPD called on Wilbros to stop receiving waste and begin closure proceedings after accusing the facility of violating the state’s Solid Waste Management and Water Quality Acts and associated permits multiple times.

Wilbros, which has been at the center of an odor controversy for years in Stephens County, disputed the EPD’s allegations in the order and called that order to close unlawful.

The EPD’s administrative order cannot be enforced on Wilbros until after the appeal is resolved.

Meanwhile, regarding the civil suit filed by Stephens County government and others against Wilbros in Superior Court regarding the odor, Ranck said there is no update on that case at this time.