After finding the Wilbros facility in contempt of court and issuing a verbal order in an attempt to stop the odors, Judge Robert Adamson’s written order is out and provides more details on how he will determine whether or not Wilbros is in compliance with his order.
Judge Adamson issued the official written order Wednesday that expands on his verbal orders of February 25.
Last month, 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 month 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.
Wednesday’s written order provides details on what exactly that means and how that will be determined.
Adamson said that such mal odors will be considered to be those that are noxious; offensive; sickening, such as to create a vomiting reaction; uncomfortable or burning to the eyes, nose, or throat; absorbed by clothing or skin such that the odor remains after moving from where it was smelled; generating such discomfort as to cause a normal person to stop outdoor activity and move to another environment; or sufficiently intense and offensive such that a reasonable person could not continue outdoor activities.
Adamson also said that the Court or its designated representative will start immediately making random observations without providing any notice to determine if the odors exist and if Wilbros is in compliance.
The order did not specify who a designated representative of the Court might be.
In his order, Adamson said those observations will occur at a number of locations that are 1,000 feet or farther from the Wilbros facility.
Those locations include, among others, Liberty Elementary School, the Stephens County Recreation Center, the intersection of Rose Lane and Collier Road, and the Stephens County Middle School Faculty Parking Lot.
Adamson said mal odors will be considered to be on a continuing basis if they are detected at such levels as to constitute a nuisance at any single location designated by the Court for a period exceeding two hours in duration or at two or more locations designated by the Court for a period exceeding 15 minutes at each location on the same date.
If Wilbros fails to comply with this court order, Adamson says he will order the facility to close.