Judge Orders Toccoa Compost Operation to Cease All Activities

By Charlie Bauder, WNEG Radio, Toccoa

The judge in the Wilbros civil case in Stephens County has issued an emergency contempt order against the controversial biofuel and composting operation.

Judge Robert Adamson issued the order Monday.

In it, Judge Adamson ordered Wilbros to quote, “immediately stop receiving, accepting, or transporting to its Toccoa site any solid or liquid waste materials for treatment, storage, release, field application, or any other purpose until further order of the court.” End quote.

Judge Adamson also ordered Wilbros to stop all composting processes.

In addition, Adamson said Wilbros must cease what it calls its “nutrient management” operations until further notice of the court.

But Wilbros contends that process takes place under the jurisdiction of the State’s Agriculture Department.

Adamson said until the court approves that process, there will be no ground injection, field applications in-ground, or above ground storage of the materials and no such process will be approved that would be carried out on the Rose Lane property.

The judge also orders Wilbros to stop excavating, ditching, landfill covering, or burying any solid or liquid waste or by product, fully and completely comply with any written order from the Georgia environmental protection division as a part of its closure procedure, and put up a $100,000 bond to assure compliance with this and any future court orders.

Stephens County Attorney Brian Ranck says the county is pleased with the order.

“We feel that the court, obviously, took the evidence and information presented at our last hearing and all the prior hearings into account and done essentially what we requested in our motion, which is no longer allow Wilbros to bring in any form of waste to the Toccoa facility,” said Ranck. “It is a positive ruling. We are happy the court ruled in our favor in regard to that.”

This latest order follows a hearing last month in Stephens County Superior Court to determine how the case should proceed.

In this latest order, Adamson says that it is unlikely Wilbros will win a further appeal in Fulton county superior court, which means it is unlikely that the permits will be restored.

That, Adamson says, leaves the court with increasing concern regarding activities on the Toccoa site and concerns over the orderly execution of the closure procedures.

In his order, judge Adamson also delineates what he found regarding odors at Wilbros.

Adamson said that following the initial 30 days of observation visits during which the court detected malodors along Skyline Drive, there appeared based on visits by the court to be a significant period of time where no malodors were detected.

Adamson said the court then detected the presence of “significant” odors on January 29.

The judge said malodors were also detected on January 30, February 13, and March 20.

Adamson said that while the overall intensity of the odors detected on those dates was not overwhelming, their continued presence and persistence was troubling to the court.

Also, he said the court noted that a rancid component lingered in clothing and inside the vehicle after leaving the site, as well as a burning sensation to the face, eyes, and ears, which persisted for at least 10 minutes after leaving the site.

Judge Adamson did invite both sides to still submit proposed orders that he would be willing to consider regarding possible modifications to this order.