What started with symptoms of illness that some area doctors and health agencies attributed to psychological problems ended in a $4 million out of court settlement.

Nearly 800 residents of north and central Fayette County and south Fulton County were sickened in mid-2006 by what they insisted were chemical releases from the Philip Services Corp. (PSC) waste treatment plant on Ga. Highway 92 near Fairburn.

Lawyers for PSC and American Vanguard Corp. (AMVAC) agreed to payments to the 2,221 households within an approximate three-mile radius of the plant. Affected residents outside those parameters will receive nothing.

“Given the obstacles and issues it was a pretty good settlement,” said lead attorney Scott Zahler with Atlanta firm Goetz, Pierce & Zahler.

Those obstacles and issues included trying to prove that long-term illnesses described by residents could be tied to the chemicals emanating from the PSC plant.

More than 770 residents in a 40-square-mile area of the Fayette and south Fulton communities began exhibiting symptoms such as prolonged nausea, vomiting, headaches and a variety of respiratory problems including first-time diagnoses of asthma and pleurisy subsequent to being exposed to the strong onion-like odor later identified as MOCAP “wash water,” a combination of the organophosphate pesticide ethoprop and a chemical odorant propyl mercaptan.

While Material Safety Data Sheets (MSDS) for ethoprop and propyl mercaptan listed symptoms of acute exposure and chronic exposure as identical to those experienced by residents, Zahler accurately stated that no medical or scientific studies have been done to verify the claims.

In the days around late June and early July, state and local agencies numerous received complaints of an onion-like odor over a distance of approximately 200 square miles, from Fayetteville, Peachtree City and Sharpsburg on the south to Hartsfield Airport on the east, Fairburn on the north and Newnan to the west.

The source of the thick, even choking, “onion odor” quickly became evident. It was the PSC plant. While residents quickly formed the South Fulton/Fayette Community Task Force, others contacted attorneys to file suit in what turned out to be a very difficult case to prove.

Also adding to the complexity were the claims of many residents that they began to smell “onions” and manifest symptoms in May. Company originated documentation by PSC as required by state and county agencies indicated that the first shipment of entered the plant June 20 with the final shipment around the last day of June.

A review by The Citizen of thousands of documents contained in Fulton County archives revealed that county guidelines did not require a listing of the exact chemicals discharged into the sewer system.

And as for PSC’s required annual submission to Ga. Environmental Protection Division (EPD) of the products brought into the plant, EPD told The Citizen that it had not received and had not asked for the annual report from any owner of the Hwy. 92 facility since it was sold to private business by Fulton County in 1990.

These inconsistencies by government agencies, the absence of scientific research to back up residents’ claims and other factors led to an agreement to settle the case. Zahler said the three law firms working for residents wanted a five-mile radius for those affected. Attorneys for PSC/AMVAC wanted a one-mile radius. They compromised at three miles.

Payment will be made per household rather than per resident. The settlement amount diminishes in amount the further the home is situated from the plant. Those situated 0-.25 miles will receive $6,000, .26-.5 miles will receive $4,000 and .51-.75 miles will receive $2,000. Those .76-1.5 miles will get $1,150, 1.51-2.0 miles will receive $800 and those 2.01-3.0 miles will get $700.

The small number of residents that initially filed the suit will receive approximately $25,000 each, Zahler said. Residents’ attorneys will receive 33 percent of the settlement.

A settlement hearing in the case is set for April 17, 2009. Settlement information and claim forms will be sent to the identified households within the next week, Zahler said, adding that residents should check their mailboxes and return the forms within the specified time frame. Those residents that opt to take the settlement cannot file suit at a later date, Zahler said.

PSC officials did not agree that residents illnesses, especially those that claimed long-term conditions, were connected to the exposure. Federal Agency for Toxic Substances and Disease Registry (ATSDR) apparently disagreed, but only up to a point.

The subsequent Health Consultation study of the affected areas of Fayette and Fulton determined that residents had experienced short-term adverse effects but no long-term illnesses.

Many residents were outraged at the study results and to the fact that little weight was given to the simultaneous illness and deaths of several dogs and cats in the immediate area and that no relevance was assigned to the pronounced absence of birds, bees and butterflies that had populated in area in summer months for decades. For many, it was the Fayette/Fulton version of Rachel Carson’s “Silent Spring.”

Commenting Monday, South Fulton/Fayette Community Task Force Chairman Connie Biemiller said the settlement does not alter the need to revise laws to protect citizens statewide.

“We continue to stand together as a community. This settlement alone is a testament to the power of an united citizens voice. We look to promote changes in Georgia State laws with regard to pesticide containment and hope that Senator Ronnie Chance will continue to open that door for our voices to be heard,” Biemiller said. “The South Fulton and Fayette community is committed to doing all we can to put a stop to environmental poisonings. It is our deepest wish that no other community ever endure a tragedy of this kind.”

Regardless of the settlement and the extreme difficulties proving long-term adverse illnesses, many inside and outside the three-mile radius have long maintained that various aspects of their overall health were severely impacted after they began breathing the onion odor.

One of those was Clare Hindman. Her home is situated approximately 2,300 feet due east of the PSC plant. Her husband and task force member Earl Hindman has been outspoken about the link he believes exists between the onion odor that began in May 2006 and the immediate onset of Clare’s illness. Just prior to the onion odor and her illness the couple had visited their family doctor for a physical exam. The doctor told us we were two of his healthiest seniors, Earl said.

But things changed once Clare started breathing the “onions.” Her speech began to slur, leaving doctors to initially conclude that the 64-year-old had had a stroke. For Clare, things got worse. After mystifying a number of physicians, she was finally diagnosed with Lou Gehrig’s Disease, amyotrophic lateral sclerosis (ALS). Clare Hindman died a few weeks ago, in late August.

“We can only have justice when those who have not been injured by an injustice are as outraged by the injustice as those who have been injured,” Earl said.

PSC, in an agreement with Fulton County, ceased a major portion of its operations in late 2006 when the company opted not to renew the permit that would allow use of the county’s sewer system to discharge wastewater. EPD Solid Waste Manager Derrick Williams said Friday the agency has approved a plan that would remove the processing pit and back fill it with clean soil. Samples collected under the pit are currently being analyzed, Williams said. Once that is done the only activity at the plant will be the presence of a roll-off type storage unit.

“Our task force wanted so much more for our community,” said Biemiller. “We recently mourned the loss of Clare Hindman, who bravely fought the ravages of our poisoning and many continue to suffer with physical illness to this day. It is our hope that a future lawsuit might be filed so that those that have suffered health loss might be adequately compensated.”

A community meeting to further explain the settlement is expected soon. The date and location for the meeting was not set by press time.