Wilbros Appeals Hearing Moving Forward

By Charlie Bauder, WNEG Radio, Toccoa

Closing arguments are expected soon in the appeals hearing of a Toccoa biofuel plant that has been ordered to close by the Georgia Environmental Protection Division.

The hearing phase of Wilbros LLC’s appeal of the EPD order concluded last Thursday in Atlanta after three full days of testimony before Administrative Law Judge Ronit Walker of the Georgia Office of State Administrative Hearings.

Don Stack is the attorney representing Stephens County. He said he believes the hearing went well.

“I think the judge has a good understanding of what has occurred here historically and a very good understanding of all parties’ position on that,” said Stack. “She has an abundance of evidence as to what the current and past conditions are at the site and what the concerns of the agency and the local community are.”

Stack said hearing transcripts are now being prepared for both sides and that should take about two weeks.

After that, Stack said attorneys will have about three weeks to prepare their conclusions regarding evidence in the case.  That will be followed by another round of oral arguments and then the judge is expected to issue his opinion.

Stack said that opinion from Judge Walker could come around early November.  Wilbros has been at the center of a public outcry since it opened over the noxious odors coming from its rendering plant.

In January, the EPD ordered Wilbros to close its plant at the corner of Rose Lane and SR145 in Toccoa citing numerous violations of the State’s solid waste management and water quality Acts, as well as numerous permit violations.

However, the EPD’s administrative order to finally shut the facility down cannot be enforced until after the appeal process is resolved.