Georgians have two-year window to file complaints
Oglethorpe County residents will be more limited in their ability to take legal action against farms and agricultural facilities after the passage of House Bill 1150 last week.
Gov. Brian Kemp’s signature on the Freedom to Farm Act increased protection against nuisance lawsuits by extending the period of time people had to file complaints from one year to two.
Lexington’s Ruth Wilson thinks two years is certainly better than one, but she knows firsthand how long lawsuits can take.
“I’m living proof that these lawsuits can drag on for years,” she said. “During which time the pollution is still ongoing and the living conditions for the affected neighbors continue to decline.”
Wilson wasn’t surprised Kemp signed the bill, but she noted her disappointment with Rep. Trey Rhodes, R-Greensboro, who represents the 120th district, which includes Oglethorpe County. She said he didn’t return or acknowledge the dozens of emails and phone calls that opponents of the bill sent to him.
“He supported HB 1150. Many of his constituents will remember that come re-election time,” Wilson said.
An updated version of HB1150 passed the Georgia General Assembly earlier this month.
Oglethorpe County Board of Commissioners Chairman Jay Paul said he doesn’t see how the new bill will affect the county’s sludge dumping issue.
He said since the sludge issue is about the transportation of material from an origin point to another point, it wouldn’t be affected by the bill, and people could still file civil lawsuits if sludge is dumped near their residence.
“I think it may be designed to help protect facilities where things are being generated, the point source, if you will,” Paul said. “To keep using sludge as an example, if it goes out here, just a random field or pasture somewhere here and there, I just don't think that's what the bill is designed to protect.”
Paul said there haven’t been any recent complaints about sludge.
He said there is still sludge activity in the county, but since the Department of Agriculture fulfilled its promise of hiring two inspectors for the sole purpose of sludge, sludge dumpers may be falling more into line with what's allowed within Department of Agriculture guidelines.
Wilson advises people to stay vigilant if a corporate farming operation opens near them. She suggests people document changes in environmental conditions such as smell, drinking water and noise levels.
“If those of us who have been negatively affected can continue to network, support each other and pull together good neighbors, hopefully we can keep Oglethorpe County — and all of rural Georgia — a great place to live,” Wilson said.