Plantiffs File Brief in Wilbros Civil Court Case

Stephens County and the other plaintiffs involved in the civil suit against the Wilbros facility on Rose Lane in Stephens County have filed court papers in support of their call for a court order to shut the Wilbros facility down and hold Wilbros in contempt of court.

Those court documents argue that since the last hearing regarding the case back in September, Wilbros has continued to willfully violate their permits, the EPD’s consent orders, and the previous orders issued by Judge Robert Adamson in connection to the odor dispute.

The plaintiffs allege that Wilbros has disregarded court order, missed deadlines set by the court, and willfully declined to implement or consider changes suggested by an expert witness who testified at the September hearing and was directed by the judge to work with Wilbros on the issue.

Also, the plaintiffs allege that Wilbros has taken steps regarding its process that go against what the court-appointed expert advised.

The plaintiffs also point to last month’s EPD administrative order, which ordered the Wilbros facility to shut down for numerous permit violations.

That EPD order is currently on hold as Wilbros has appealed the EPD’s ruling.

Citing all of those reasons, the plaintiffs’ brief asks the judge to issue an order shutting down the Wilbros facility “until such time as they can demonstrate the ability to operate in compliance with all orders and permits” and until the facility alters operations to prevent offensive odors from moving offsite and to significantly minimize the creation of such odors.

A hearing on the request from Stephens County and the other plaintiffs is set to start Monday in Stephens County Superior Court.