Philip Services Corp. and Georgia Environmental Protection Division (EPD) entered into an Aug. 11 Consent Order tightening the plant’s Solid Waste Handling permit and payment of a $100,000 negotiated settlement.

The negotiated Consent Order followed an Administrative Order from EPD Director Carol Couch Aug. 4 that temporarily suspended the Fairburn company’s Solid Waste Handling permit after complaints by numerous south Fulton and north Fayette residents from the onion-like odor of Wash water component Propyl mercaptan and a subsequent call by Fayette and Fulton counties to shut the plant down.

The Consent Order mandates numerous operational upgrades and provisions to the Design & Operation Plan designed to limit future vapors from escaping plant property. Commenting on the settlement amount, EPD Assistant Director Jim Ussery said the $100,000 sum was a very significant amount, one in line with the problems found at the facility.

“The permit will be tightened considerably,” Ussery said. “If the actions included in the Consent Order are not complied with, EPD could take much stronger action.”

Included in the Consent Order is the statement that “nothing in this Consent Order shall be construed as an admission or evidence of liability with respect to any matter alleged in the Administrative Order or addressed herein, and (PSC) specifically denies same.”

Responding to the news of the Consent Order, South Fulton/Fayette Community Task Force Chairman Connie Biemiller
“The South Fulton and Fayette County Community Task Force is outraged with the EPD's negotiation with PSC, said Biemiller. “It appears that this consent order allows PSC to pay the EPD $100,000 along with a pinky promise of no more odor in our community. The people demand immediate outside professional testing of soil, air and water and the $100,000 would be a good start to fulfill that endeavor. Our community has been poisoned and we must know which toxins are the real culprit. Once this is known, our Doctors can be directed in administering appropriate treatment measures. If the EPD dares to make money off of our illnesses, we will see the EPD in court and take any other measure that deems appropriate.”

In contention are reports of illnesses alleged to be related to water wash containing the odorant Propyl mercaptan and pesticide MOCAP received at the Ga. Highway plant on June 20. Fayette and Fulton counties have thus far accounted for more than 300 residents in Fayette and south Fulton who have reported health effects such as long-lasting headaches, nausea, vomiting, diarrhea, skin and eye irritation, pleurisy, asthma, pneumonia and kidney damage.