Wilbros Civil Suit Comes to Close
By Charlie Bauder, WNEG Radio, Toccoa
In Stephens County the ongoing civil lawsuit against Toccoa composting and biofuel plant Wilbros LLC is now over after a ruling last week by Judge Robert Adamson.
Adamson signed a final consent order on Thursday, December 17.
The suit was brought several years ago by Stephens County Commissioners, Toccoa City Commissioners, the Stephens County Board of Education, along with a local non-profit group, Concerned Citizens of Toccoa-Stephens County, LLC.
According to the Judge’s ruling operations at the Rose Lane facility involving composting and waste intake will virtually cease, but the company will not close altogether.
Local and municipal and county officials have been working to shut the plant down ever since it opened because of the horrible stench coming from the plant which is near neighborhoods, the Stephes County Middle School and the County’s Recreation Center and Senior Center.
Stephens County Attorney Brian Ranck said he is pleased with the final outcome of the Wilbros’ civil case.
“I am just happy for the citizens,” said Ranck. “I am happy for the folks who live and work near the Wilbros facility that they can go about their business and not have to worry about the odors. From that perspective, it is a good result. I feel like it gives the county the assurances that are needed that this operation is not going to start back up, the activities that caused these odors should be permanently stopped. I think it is a positive result. I think the intent of the Board of Commissioners to abate the odors has been reached, so it is a successful conclusion to a relatively long and drawn-out lawsuit.”
In his ruling Judge Adamson ordered Wibros to permanently cease commercial composting operations.
He also ordered Wilbros officials to stop accepting and transporting waste in and out of the plant.
Judge Adamson’s signed order also calls on Wilbros to continue to comply with the requirements of the closure order from the Georgia Environmental Protection Division that was issued earlier this year.
As part of the order, Wilbros agrees not to transfer or assign any EPD or Department of Agriculture permits held by Wilbros or any other defendant in the case.
Wilbros was also ordered to pay the plaintiffs $200,000 in damages by December 31.
Under the order, agreed to by Wilbros officials, the company admits no wrongdoing.
In addition, Wilbros is relieved of a court-order to have a performance bond.
The company will not close entirely but will still be allowed to receive items like bark and wood chips for the purpose of mixing them into existing compost still at the Toccoa site.