Wilbros Appeals Administrative Law Judge’s Ruling Upholding EPD Order

Wilbros is appealing the decision of a state administrative law judge upholding the decision of the state’s Environmental Protection Division to revoke the Rose Lane facility’s solid waste and wastewater discharge permits and close it down.

The appeal was filed by Wilbros this week in Fulton County Superior Court.

In its appeal, Wilbros cited five reasons it feels the ruling from Administrative Law Judge Ronit Walker was unlawful.

First, Wilbros said the judge’s decision was unlawful because EPD’s enforcement cannot be upheld where the agency is found to have proven only a minority of the violations alleged.

According to Wilbros, the EPD alleged 400 violations in its administrative order, but the administrative law judge found that the EPD proved only 20 of those, a number Wilbros argued does not support the administrative order’s “draconian terms” because those violations did not involve harm to the environment and their nature was not significant.

Wilbros then went on to argue that Judge Walker’s decision was unlawful because the EPD did not prove any violations on which the administrative order may be premised.

Attorneys for the Rose Lane facility argued that even the violations said by the judge to be proven by the EPD were in fact unproven.

Third, Wilbros’ attorneys argued that Judge Walker wrongly concluded that the EPD’s issuance of the administrative order satisfied due process and procedural requirements.

Wilbros also argued that Judge Walker erred as a matter of law by not concluding that the administrative order must be set aside because its scope exceeds the EPD’s statutory authority.

Finally, Wilbros said the administrative order is unlawful because the EPD may not impose injunctions.

Wilbros also filed a motion asking Fulton County Superior Court to issue a stay, which would put the administrative order from the EPD again on hold while the Superior Court hears Wilbros’ appeal.

That would allow Wilbros, at the center of a years long odor controversy in Stephens County, to continue accepting waste and operating under the permits revoked by EPD until this appeal is ruled upon.

A hearing on the motion for a stay is scheduled for 10 a.m. Friday in Fulton County Superior Court.