Motes to rule on Agri-Cycle next week
Company seeks to re-open in Talmo
BY ANGELA GARY
Superior Court Judge David Motes heard testimony for more than eight hours Tuesday on a Talmo company’s efforts to re-open its controversial waste recycling business.
Agricycle was shut down by the Georgia Environ-mental Protection Division in September following a fire at the business’ holding pond. At that time, Judge Motes ordered that Agri-Cycle could not receive any additional waste at its Talmo facility for 30 days, or until the company could demonstrate that it is in compliance with the law and poses no threat to the public health.
Tuesday’s hearing was to consider whether to extend the restraining order. Judge Motes said he would issue a ruling within the next week.
“Let me think about this entire case,” Motes said after closing statements ended at 7:30 p.m. Tuesday. “It raises a number of issues that the court has to decide. I’m going to look at the evidence and enter a decision, hopefully, within a few days.”
The facility has been the source of a large public outcry in the Talmo area over odors coming from the waste treatment spray fields and holding ponds.
SIX STATE WITNESSES
During the day-long testimony, John Hennelly of the Georgia Attorney General’s office, called six witnesses to the stand, including several EPD officials. In his opening statement, Hennelly said that the EPD had worked with the company for two years to try and get it in compliance with state regulations. He said the “health and well being of the community” was at risk, which led to the company being shut down.
EPD director Dr. Carol Couch testified on the history of non-compliance at Agricycle,
“Progress was not evident,” she said.
Couch also said the last two inspections showed an unpermitted expansion of two lagoons.
“You have a facility that is not in compliance…and an apparent expansion without a proper permit applied for,” she said. “…We have a site out of compliance expanding without approval…I’m concerned that we have a facility that is not only not in compliance, but they had an uncontrolled fire that had to be burned out. Continuing to operate did not seem to be in the best interest of the public.”
Dominic Weatherill, manager of the EPD’s industrial waste water unit, said he inspected the site after citizen complaints and found a “greasy substance causing a sheen to nearby Allen Creek.”
David Sexton, who oversees operations at Agri-Cycle, was questioned on the procedures for hauling waste to the Talmo plant. He said the haulers log in a manifest what they are dumping at the site.
Critics of the facility claim the company allows human waste to be dumped into its process.
DEFENSE
Agricycle attorney Larry Oldham said during his opening statement that the issue has become controversial, which is why it was shut down.
“The EPD has gotten involved because it is politically motivated to listen to the masses,” he said. “…Folks have been out to get us for a long time.”
He said that keeping Agri-Cycle closed would “put the client out of business.”
“We realize this is what everyone in Jackson County wants,” he said. “…We know we are unpopular.”
Richard Harville, one of the owners of Agri-Cycle, testified for more than three hours Tuesday, saying that the company has complied with all of the items required in the consent orders issued in the past two years.
“I felt we were exceeding what their request were,” he said. “…We have been working in good faith with the EPD over the last few years.”
When asked whether Agri-Cycle accepts septic tank waste, he said, “No, not to my knowledge.”
He said the company only accepts waste from grease traps and chicken plants. He added that grease traps in many residences and industries are connected to the septic system. He said this leads to materials typically found in septic systems also being found in grease traps.
Harville also said livestock in the area are impacting the stream. He added that there has been no evidence from the samples taken that Agri-Cycle is impacting Allen Creek.
As to the allegations that Agricycle is expanding without first getting a permit, Harville denied this. He said the additions did not expand the capacity of the facility.
Harville said the company has been at odds with Jackson County officials over alleged land use violations,
“We’ve been under assault by Jackson County since November of 2004,” he said. “They aggressively tried to prove their point. They had illegal search warrants.”
Shane Price, who hauls waste from grease pits to Agri-Cycle, also testified that tampons, condoms and other items found in septic tanks can also be found in grease traps. He also testified that the plant being shut down has impacted his business because he has to drive three times farther away to dispose of the waste and pay double what Agri-Cycle charged.
The last witness called by Agri-Cycle was assistant EPD director Jim Ussery, who testified that he recommended that the business be shut down.
“It was operating in non-compliance,” he said. “It was our belief that it would continue down that path.”
When asked by Agri-Cycle’s attorney whether it was closed for political reasons, he denied the allegations.
