Wilbros Files Appeal in Plant Closing Order

By Charlie Bauder, WNEG Radio, Toccoa

A Toccoa biofuel and rendering plant is appealing the decision of a State Administrative Law Judge to close its plant.

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

Last month, Judge Ronit Walker upheld an order from Georgia Environmental Protection Division to revoke the Rose Lane facility’s solid waste and wastewater discharge permits and close it down.

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

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.

Wilbros is also arguing 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 the judge said had been proven, had not.

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, long at the center of complaints from citizens and businesses over its noxious odors to continue accepting waste and operating under the same permits revoked by EPD until a judge rules on this latest appeal.

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