Fayetteville City Council Nov. 16 joined area cities, counties and organizations in addressing hundreds of Fayette and Fulton residents who argue that chemical emissions from the Philip Services Corp. (PSC) waste treatment plant near Fairburn have resulted in illnesses since an onion-like chemical smell began permeating neighborhoods in May.

Adopted unanimously, the resolution called for the plant’s immediate compliance with all environmental laws.

Speaking on the issue near the end of the meeting were South Fulton/Fayette Community Task Force Chairman Connie Biemiller, task force chemist Lois Speaker and Fayetteville resident Sarah Clinton.

Clinton said the resolution should go further, calling for the closure of the plant.

Also addressing the council, Speaker outlined some of the hazards posed by products handled at the plant, including the organophosphate pesticide MOCAP and chemical odorant propyl mercaptan believed to be responsible for the illnesses.

Speaker told of the numerous side effects of exposure to the chemicals and the difficulties and expense involved in securing adequate and accurate testing for them.

“The role of government is to protect its citizens,” Mayor Ken Steele said. “If you come up with any additional information please bring it to us,” he told Speaker.

To date, nearly all nearby cities and counties have called for the closure of the PSC plant. Those include Fayette County Commission, Fulton County Commission, the town of Tyrone, city of Fairburn, city of Union City, South Fulton Concerned Citizens and North Fayette Community Association.

Fairburn also agreed to provide technical assistance to the task force, including the services of the city engineer and city consultants.

Peachtree City Council sent a letter to Georgia Environmental Protection Division calling for the investigation into the causes of illnesses to be expedited.

PSC has long maintained that it is in compliance with all applicable EPD regulations. EPD Assistant Director Jim Ussery agreed last week with that assessment, adding that EPD would get tough with PSC if that compliance waned.

However, information obtained by The Citizen showed that PSC has never provided the annual permit-required records of materials brought into the plant since it began operations in 1997.

Those findings indicate that PSC has been out of compliance with its permit since 1997 and EPD never addressed the issue until residents began complaining of illnesses in June and July.

The Citizen also learned that EPD never followed up when PSC failed to submit the information. Furthermore, EPD has no records of waste products entering the facility as far back as 1990 when the initial solid waste handling permit was issued.

In other business, the council heard the first reading of a rezoning request by Dr. Sidney Waters to rezone about seven-tenths of an acre located at 230 West Lanier from RMF-15 residential Multi-Family to C-1 Downtown Commercial.

Agreeing with the recommendation of Planning and Zoning commissioners, the council thought an O-I Office/Institutional zoning would be a better fit for the dental office property.

The future land use map designates the area as Downtown Mixed Use. O-I would allow Waters to operate his business and would accommodate future office space if the property was eventually sold, the council said.

Representing Waters, attorney Rick Lindsey said Dr. Waters moved to the location in 1972, believing since that time that the property was zoned C-1. Waters has been paying taxes based on a C-1 zoning designation, Lindsey said.

Though no current plans exist to change the use of the property, Lindsey requested the C-1 zoning to be consistent with taxes already paid.

Waters is interested in exploring what might occur in the future, Lindsey added. The failure to rezone the property as requested would be a violation of Waters’ constitutional rights, Lindsey said.

The second reading of the request will come at the next council meeting. Prior to that time the council will determine on what zoning basis property taxes were paid.

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