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Lawmakers plan another run at rent control legislation
Smyrna resident Gladys Dancy, 83, told the Senate Urban Affairs Committee members that her landlord plans to raise her rent by 39% in October. (Credit: Jill Jordan Sieder)
The Gist
ATLANTA — Skyrocketing rents and punitive fees by homeowners associations that place some Georgia residents at risk of losing their homes are among the targets of several housing-related bills that Sen. Donzella James, D-Atlanta, and other members of the Georgia Legislative Black Caucus hope to revive in the next legislative session. Four such housing bills stalled in the Senate this year.
What's Happening
The Senate Urban Affairs Committee met Wednesday to discuss the proposed legislation designed to protect renters from sharply escalating rent prices, and what some senators and presenters described as unfair fees, eviction and foreclosure processes imposed by property owners and private associations that manage homes, apartments and condominiums.
James, the committee chair, is the sponsor of SB 125, which would repeal state law enacted in the 1980s that prevents local governments from regulating rent. Georgia is among 30 states in the U.S. that prohibit rent control by municipalities or counties, and among several states now considering repealing such laws.
“We’re attempting to lift that ban so cities and counties … can work with residents to stop rental leases and bills that are doubling and tripling and causing foreclosures and evictions,” said James. She noted that as the cost of living increases, “we’re seeing more families struggling to pay rent in metro and rural areas, and consequently many of those people can’t afford it anymore and have become homeless, or are staying in day hotels when they can afford to do that.”
Two other housing-related bills were also on the agenda. SB 29 would limit the ways homeowners, condo and property associations can penalize people for nonpayment of fees, and requires them to seek arbitration before placing liens on a property. And Senate Resolution 37 would create a study committee to let lawmakers take a comprehensive look at the policies and practices of such property associations.
Why It Matters
Rents have increased sharply in Georgia in recent years. According to the U.S. Department of Housing and Urban Development, fair market rents — the monthly cost of rent for standard-quality units in a local housing market — increased by an average of 24% from 2019 to 2023 in the U.S. In Georgia, fair market rents increased by 33% over that time. A one-bedroom apartment in Georgia now averages $1,115, and a two-bedroom is $1,283.
Rental costs are considerably higher in some Georgia cities, especially those where out-of-state private equity firms have purchased large numbers of residential properties and jacked up rents. In Atlanta, the fair market rent for a one-bedroom is now $1,375 and a two-bedroom is $1,553.
Some apartments cost much more. Nothing in Georgia law limits how much a landlord can raise the rent.
The Urban Affairs committee heard from several tenants whose rents have increased precipitously. Among them was Gladys Dancy, 83, who lives at Galleria Manor Senior Apartments, an affordable housing complex in Smyrna. She said when she moved in 10 years ago, the rent for her two-bedroom apartment was $780, and has since climbed to $908. In July, she received a notice from the building’s owners that her rent will rise to $1,215 in October, a 39% increase.
“They’re pushing me out,” said Dancy, adding that her only income is from Social Security. Dancy has a leg impairment that requires her to use a walker.
Noting that she lives two blocks from Truist Park, the Atlanta Braves stadium, which was an undeveloped wooded area when she moved in, she said, “All the rents around here have gone way up, and now they say they’re switching from an affordable property to market price. Is that legal?”
Other people testified about negative experiences with homeowners associations.
One man said he was fined $4,000 by his HOA for cars parked on the street near his home, even though he doesn’t own a vehicle. His neighbor said the HOA doled out $1,600 fines for covenant violations such as lack of shutters on windows and has placed $10,000 liens on multiple tenants’ homes.
David Washington, a real estate broker, said he specializes in helping people faced with foreclosure to stay in their homes. He said he recently worked with a 91-year-old client whose property was foreclosed on for delinquent HOA dues and related late fees, even though the woman had never missed a mortgage payment.
“Georgia is a creditor-friendly state,” said Washington. The state’s legal code related to rent “is not designed for if life happens,” he said. Even if over a 30-year period a homeowner has a sterling payment history, an HOA does not take costly life events into account the way that some loan companies do, offering forbearance, he noted. “Whether it’s COVID, a car accident, a divorce, a death — if you owe $5,000 to an HOA, they will foreclose on you,” he said. “And the law allows it.”
James noted that small liens issued by HOAs or banks can quickly lead to foreclosure, if not paid or legally resolved within a few months.
“Once you get $2,000 worth of liens, that house can go up on the courthouse steps and be sold from under you,” she said.
Rep. Billy Mitchell, D-Stone Mountain, the House Democratic Caucus chair, told committee members that the “draconian” Georgia law that permits HOAs to foreclose on a property because of overdue HOA fees is “bad legislation and I think we should join the overwhelming majority of states which do not allow that.”
Preventing and reducing evictions is another legislative focus of the committee.
Mableton resident Alonzo Williams told the committee that he and his disabled mother were evicted from their apartment after the landlord doubled the rent during the pandemic. He said he works in education and his mother has a fixed income. “We struggled mightily to pay it, but we couldn’t,” he said, adding that they are now living in temporary housing, and so far unable to find a rental unit they can afford.
Elizabeth Appley, an attorney and fair housing advocate, said that as of April, 14% of Georgians were behind on rent, according to the National Equity Atlas, a data site run by PolicyLink, a research and advocacy firm. Those Georgians owing rent included 181,000 households, 72% of which were low-income families. More than half were households with children.
The average rent debt in Georgia is $1,400, said Appley, noting that that amount is considerably less than the cost of eviction to local communities in the state, which averages $11,200 per eviction, according to a University of Arizona law school analysis. That eviction tally takes into account the cost of emergency shelter, medical, welfare and juvenile delinquency costs.
Legislation to give local communities more control over rental costs, as well as to provide more tenant protections statewide is needed, Appley said.
Besides the rent control and property association-related bills, she encouraged the Senate committee to support HB 404, the Safe at Home Act, which would put a two-month cap on rental security deposits and require landlords to give tenants at least three days’ notice and the opportunity to pay overdue rent and fees before eviction proceedings can start. The bill unanimously passed the House but was not called for a vote in the Senate last session.
“While the idea of rent control may appear an attractive solution to the affordable housing crisis, it is critical to understand its counterproductive and damaging consequences,” said Stephen Davis, government affairs director for the Atlanta Apartment Association.
National research shows that rent control policies reduce housing supply, lower property values and disincentivizes new construction of apartments, he said.
Davis pointed to a 2021 St. Paul, Minnesota, rent control bill that capped annual rent increases to 3% and led, he said, to an 80% drop in building permits for multifamily housing. Overall, new housing starts in St. Paul decreased by 30% over the next year, resulting in an amendment of the law in 2022 that allows some landlords to make larger rent increases.
Adding additional housing units to a market is the best way to address housing costs in communities with climbing rents, Davis said.
“The key is to increase housing inventory,” he said. “But most local governments are installing additional regulations and burdens on development. They’ve raised millage rates and impact fees. … Every condition put on a new development has a cost,” which is often passed on to the renter, he said.
What's Next
SB 125, the rent control bill, did not move in the State and Local Governmental Operations committee last session. Sen. Frank Ginn, R-Danielsville, who chairs the committee, told State Affairs he does not support state regulation of local rent policies.
“I think that should be between the owner of the property and the renter,” Ginn said. “I don’t think the government should interfere in that process. There are other things that we can do to help local governments to lower the cost of housing, and to address things that drive the cost of housing up.”
James said she and other legislators are inclined to consolidate and amend several housing-related bills still alive in both chambers. She told State Affairs that requiring mediation before evictions and foreclosures can occur and appointing a state ombudsman to give people involved in housing disputes “a place to take their complaints before they lose their homes” are two key elements that should be included in housing legislation to be pursued in 2024.
James said the Urban Affairs Committee plans to meet at least once more prior to the start of the next legislative session in January.
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Header photo: Smyrna resident Gladys Dancy, 83, told the Senate Urban Affairs Committee members that her landlord plans to raise her rent by 39% in October. (Credit: Jill Jordan Sieder)
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Kemp signs a bevy of bills on elections, public safety and workforce development
The Gist
Gov. Brian Kemp on Tuesday ended a six-week whirlwind statewide bill-signing tour that enacted hundreds of new laws governing agriculture, families, elections, public safety and workforce development.
He also vetoed a dozen bills — including those dealing with homestead exemptions and easing eligibility for the HOPE Scholarship for former foster youths — during that time.
What’s Happening
All told, Kemp signed 709 bills into law in the 40 days since the 2024 legislative session ended in the early hours of March 29. The most crucial piece of legislation, by far, was the $36.1 billion fiscal year 2025 state budget, which included 12 disregards. A disregard is when a state agency is directed not to spend the money allocated for a specific item.
“He didn’t have any real disregards. The majority of these are clarifications,” Kemp spokesman Garrison Douglas said of the governor. “Agencies were given more specific instructions on how to spend the money.”
Bills impacting education, health care, military members, human trafficking and Georgia’s coastal communities were among those Kemp signed in the month following the session’s end. Other notable legislation:
- Police and property owners now have more tools to remove squatters, people who have illegally taken over a private home or property.
- Homeowners associations are now required to notify homeowners in writing of a covenant breach and give them time to fix it before the HOAs take legal action.
- Families of students in low-performing school districts may now receive scholarships, commonly referred to as vouchers, of $6,500 per child to be used for private school tuition or homeschooling expenses.
Additional legislation the governor signed over the last two weeks includes:
Agriculture
- Kemp signed a package of bills meant to provide further protection for the state’s No. 1 industry. The new laws are intended to ban “adversarial” countries from owning Georgia farmland, ease high input costs for farmers, protect children from misleading and dangerous marketing, and hike penalties for livestock theft.
Children & Families
- Senate Bill 376 improves timely permanent placement of a child removed from his or her home by the Georgia Division of Family and Children Services.
- Senate Bill 387 provides free state identification cards for children between the ages of 14 and 17 who are in the custody of the Division of Family and Children Services.
Elections
Any Georgia resident can now challenge another resident’s voter eligibility under a new law the governor signed in April, setting up probable cause to have voters removed from the rolls, critics say. Senate Bill 189 also allows a presidential candidate from any political party to be on the ballot as long as that person qualifies in at least 20 other states. It’s one in a package of election-related bills that critics say could impact the outcome of the 2024 and other future elections.
- House Bill 974 gives the public online access to photos of ballots cast in elections on the Georgia Secretary of State’s website, requires watermarks on ballots and uses technology to verify the text on ballots cast. The bill also requires a percentage of ballots in select statewide elections to be audited.
- House Bill 1207 gives election supervisors the flexibility to change the number of voting booths in precincts.
Public Safety
- House Bill 1105, the Georgia Criminal Alien Track and Report Act, creates a new immigration law that requires law enforcement to determine the nationality and immigration status of people they detain and requires the Department of Corrections and sheriffs to notify federal authorities when they have undocumented immigrants in their custody. Failure to enforce the law could cause local governments to lose state and federal funds, and law enforcement officers and government officials could face misdemeanor charges.
- Senate Bill 63 adds 30 more criminal charges to those requiring cash bail for release, including 18 misdemeanors, such as criminal trespass, forgery and failure to appear. The bill also limits what charitable organizations can do to provide bail to people in jail and establishes that individuals and organizations cannot post more than three cash bonds per year to secure a person’s release. Legal defense organizations say it unfairly limits their work and violates the rights of those accused, and they plan to sue the state to overturn the law.
- Senate Bill 465 creates a new type of offense — felony aggravated involuntary manslaughter — for selling fentanyl to someone who dies from taking the potent drug. Dealers could be prosecuted under the new law whether or not they knew the drug they sold contained fentanyl. Penalties range from a minimum of 10 years to 30 years or life imprisonment.
Workforce Development
Several bills were enacted to help students take advantage of dual enrollment and technical education programs, especially those in high-demand career fields.
- House Bill 982 directs the State Workforce Development Board to create the High-Demand Career List. Colleges, technical schools and high schools currently use conflicting lists, so this unified list will eliminate confusion among students, parents, educators and agencies about what careers are considered high-demand.
- Senate Bill 440 creates the Accelerated Career Diploma Program and simplifies the pathway for students to receive dual enrollment funding for more than 30 hours.
- Senate Bill 497 expands the apprenticeship programs in high-demand career fields and creates a pilot program for public service career apprenticeships.
The Legislature considered more than a dozen bills related to occupational licensing. Among those that passed:
- Senate Bill 354 removes the licensure requirement for beauticians who blow-dry hair, wash hair or apply makeup. The bill doesn’t include other services, such as cutting hair, applying dyes, bleaching or using chemicals, which will still require a cosmetology or esthetician license.
- Senate Bill 373, requires the Board of Marriage and Family Therapists to issue an expedited license to any individual moving from another state who has a current valid license to practice in that state and is in good standing with that state.
- Senate Bill 195 makes Georgia the third state to join the Social Work Licensure Compact. Once seven states have joined, the compact will become functional and allow social workers with valid licenses in good standing to practice in member states.
View Kemp’s 2024 signed legislation here.
Here are some of the bills Kemp vetoed:
House Bill 1231 would have expanded the Georgia Tuition Equalization Grant (TEG) Program, HOPE Scholarship and Dual Enrollment Program eligibility for certainprivate, nonprofit institutions; allowed HOPE Scholarship recipients to use unusedcredit hours to get a first professional degree; and removed the initial and first-year achievement standards of the HOPE Scholarship for former foster youths. Kemp said he vetoed the bill because none of the three proposals were accompanied by additional funding or fiscal analysis.
Senate Bill 368 would have prohibited foreign nationals from making political contributions, which is already banned by federal law. Kemp vetoed the bill at the request of the bill’s sponsor, Sen. Rick Williams, R-Milledgeville.
House Bill 1019, as originally introduced, would have doubled the statewide homestead tax exemption to $4,000 from $2,000 if voters approved it in a referendum. But on the last day of the legislative session, the Senate adopted a floor amendment to return the bill to its original form. That amendment did not change the language of the constitutionally required voter referendum, which references a $10,000 exemption. Voters would therefore be approving a different exemption, which the Legislature did not pass. Conflict between the statutory and the referendum language led Kemp to veto the bill.
See the governor’s statements on all the bills he vetoed here.
What’s Next?
Most of the new laws took effect upon signing or will take effect July 1 unless otherwise noted.
Read these related stories:
Have questions or comments? Contact Jill Jordan Sieder on X @journalistajill or at [email protected] and Tammy Joyner on X @lvjoyner or at [email protected].
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Rural communities hopeful Kemp change to state soil amendment law will curb stink
After seven years and millions of dollars in restoration, Heritage GA opened its door last month to those seeking solitude and a chance to commune with nature. But the constant presence of trucks hauling a noxious concoction of waste byproducts from poultry processing plants threatens to ruin those plans.
The historic Catholic retreat sitting on 200 acres near Sharon is meant to be an economic boon and tourist attraction for Taliaferro (pronounced “Tolliver”) County, a poor, mostly Black county of 1,600, situated 90 miles east of Atlanta.
“It’s a very historic, sacred site. Our business is being threatened by this soil amendment. It’s [the retreat] been a major financial investment in the county and in the state and it’s really helping,” Betsy Orr, chief executive officer of Purification Properties LLC, which restored the retreat — a tribute to the first Catholic settlers who arrived in Georgia in 1790.
The sludge, known as soil amendment, is being transported to a hog farm about 1.5 miles from Heritage. The former hog farm was cited by the state Environmental Protection Division after residents complained that the waste being spread on the farm had polluted a nearby creek. The property owner resolved the consent order requiring him to pay $5,000, mark the buffer area on the farm and ensure no soil amendment is applied to that area, according to EPD spokesperson Sara Lips.
The Heritage property includes a commercial building, barn, cottages, prayer spaces, walking trails and the oldest Catholic Cemetery in Georgia. Orr predicts that if the smell from the former hog farm reaches Heritage, “it’s going to wreck our business.”
On Monday, Orr breathed an inward sigh of relief when she learned that Gov. Brian Kemp signed a bill into law that could prove fortuitous for landowners and other businesses battling problems created by soil amendment.
The new law adds a provision to the state Soil Amendment Act of 1976 that stops companies from hauling or receiving soil amendment if they’ve been notified by EPD to resolve an outstanding dispute or complaint. The notification is known as a consent order. The new law is effective July 1.
“It’s good because the state and the Agriculture Department have really prevented that kind of bill from being enacted because they say that it’s to the farmer’s benefit to be able to use the soil amendments,” Orr said.
Orr’s comments are a common refrain from business owners and families with properties in rural Georgia who sit near soil amendment sites and who complain of vultures, hordes of flies and unbearable smells floating across their properties.
“The problem is a lot of the soil amendments are causing pollution. They are stinky, nasty wastewater and other products,” Orr said. “Sometimes it is not even what they are allowed to dump. Finally, they have passed this amendment, and I hope they enforce it. Some of the things that these people are dumping are … ruining the landowners around them and the state has got to start caring about that.”
Doug Abramson, a retired corporate lawyer who lives in Wilkes County where a soil amendment runoff killed 1,700 fish in the Little River July 2022, called the new law “a step in the right direction.”
“Many counties throughout the state are encountering problems with sludge, improper dumping, and [other] soil amendment issues,” said Abramson, who along with his wife Susan have been working to address the problem for about a decade. “This [new law] is at least a recognition that there are problems out there. I do think the state could do better. The Department of Agriculture could do better but it is a step in the right direction.”
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].
Watch live: Kemp signs $36.1B budget bill
Today is the deadline for Gov. Brian Kemp to either sign or reject bills passed by the Georgia General Assembly during this past legislative session. Arguably, the biggest of those bills is the annual budget. Kemp and first lady Marty Kemp will be joined by Lt. Gov. Burt Jones, House Speaker Jon Burns, and members …
Bill adds violation to Soil Amendment Act, but will it stop the stench?
After years of enduring intrusive, foul-smelling waste spread on untold tracts of rural land, Georgians living near such sites are finally getting some relief.
On Monday, Gov. Brian Kemp signed into law a bill that adds a new violation to the state’s 48-year-old Soil Amendment Act. Soil amendment is meant to help farmers create healthier soil.
The law’s new provision is being hailed as a small but significant breakthrough in a 15-year battle to rein in abuses and mismanagement and create more safeguards and oversight in the disbursement of soil amendment. Many rural communities have long complained that the state-approved, sludge-like substance smells like “rotting corpses,” draws flies and vultures, and has led to other environmental problems.
Soil amendment is a state-approved additive derived from waste created mostly at chicken-processing and pet food-processing plants. It’s intended to be used as fertilizer on farmland where crops are grown. It’s supposed to help reduce erosion, improve water retention, change soil pH, pump up nutrients and provide other soil-boosting enhancements. Georgia law allows chicken processing waste to be applied to land as a soil amendment. Some farmers use it as a cheap alternative due to the rising cost of fertilizer.
The new provision, which goes into effect July 1, makes it illegal for a company to continue spreading soil amendment if the company or the site in which the waste is being distributed is under some kind of enforcement action from the state Environmental Protection Division or the state Department of Agriculture, the bill’s sponsor Rep. Rob Leverett, R-Elberton, told State Affairs Monday. Violators must be notified by the agriculture department and must resolve the prior problem before they can resume dispersing more soil amendment, he added.
“I’m very excited. I appreciate the governor signing the bill,” said Leverett who lives in Elbert County where some residents have had problems with soil amendment. “The passage of the bill indicates there’s some recognition by the Legislature that we do need to take a look at this. What I’m trying to do is address what I believe to be legitimate complaints. Hopefully, we started to do that this year and we’ll take other incremental steps as needed. I look forward to the Ag department enforcing this new violation once it’s gone through their regulatory process.”
David vs Goliath
In a state where agriculture wields tremendous power — it provides paychecks for 1 in 7 Georgians and contributes about $75 billion a year to the state’s economy, most of it from poultry processors — the new legislation is a milestone, local government officials and activists say.
“It is a very big step,” Tonya Bonitatibus, executive director and riverkeeper at the environmental nonprofit Savannah Riverkeeper, told State Affairs. “This bill made it through the Senate and the House Ag committees, which are traditionally definitely not in the business of overregulating Ag, and it passed almost unanimously [in the Legislature] and that speaks volumes.” Bonitatibus has been tracking the issue for 13 years.
While state lawmakers are recognizing the harsh impact the state’s poultry industry waste is having on some rural communities, leaders in those communities are waiting to see what the Georgia Department of Agriculture does. The department has sole power to regulate soil amendment.
“I hope the new [agriculture] commissioner Tyler Harper brings us more positive results,” said Oglethorpe County Commission Chair Jay Paul, a former state Environmental Protection Division specialist who dealt with soil amendment most of his 17 years with the agency. “I’m trying to give him the benefit of the doubt.”
Shortly after taking office in January 2023, Harper vowed to review the department’s Soil Amendment Program. Since then, he has issued recommendations and is beefing up the program, which when he arrived had only two people, one of whom was the inspector for the entire state. With $550,000 in funding from the state, Harper has added two more inspectors, a program manager and an attorney.
The department is updating its software so inspection reports can be completed digitally and tracked online rather than hand-written. It’s also updating its licensing and registration software to help registrants more easily comply with soil amendment program rules.
“Our team has done a really good job,” Harper told State Affairs. “We’ve really been working to get our arms around it since I walked in the door last year, and we’ve been committed to addressing the issue and ensuring that the agricultural industry can be successful and that we’re protecting our state, our resources and the public all at the same time.”
Rep. Robert Dickey, chairman of the House Agriculture Committee said Leverett’s bill is “about the [state agriculture] department having some teeth in the rules and law to really shut down” companies with abusive soil amendment practices.
The Ag department’s recent efforts are more than what’s been done in the past, critics say, but more needs to be done.
“I really haven’t seen a whole lot of difference. I mean, we’ve heard some good rhetoric,” Wilkes County Commission Chairman Sam Moore told State Affairs.
“Unfortunately, it’s the little bitty counties against the Department of Ag. And we lose every time,” Elbert County Commission Chairman Lee Vaughn said. “The Department of Ag has 100% control over what soil amendments are and what they allow and how they allow them to be applied.”
Local leaders in counties affected by the sludge onslaught say they’ve been kept in the dark for years about soil amendment. To make matters worse, they say they have no regulatory authority to resolve the problem because that’s left up to the state agriculture department.
“We want to know where it’s going. We want to know what it is,” Moore said. “I mean, we don’t even know if they [sludge-hauling companies] have a permit or not. You call the Department of Ag and they act like they don’t know. It’s just the same old thing that’s been going on for years.”
In the last year, some counties have started fighting back, creating local ordinances that discourage the sludge haulers from coming into their communities. At the same time, the problem has sparked activism among local residents in several counties where the problem prevails.
‘Death and Diarrhea’
State Affairs spoke to local government officials, activists, environmentalists, farmers and residents in a half dozen counties where soil amendment has been applied for years. Their stories all seem to align.
They talked about how their communities have been overrun with tractor-trailers hauling millions of gallons of sludge — or as locals call it “chicken blood and guts” — presumably from chicken and dog-food processing plants. The additive is being spread on open land in rural communities — usually small, sparsely-populated counties — across Georgia, with little state regulation, scrutiny or intervention.
The companies bringing in the waste have contracted with or paid farmers or landowners to apply it on their property. Some locals report seeing dozens of tanker-trucks a day hauling the waste into their communities. It’s an endless procession where the sludge is applied throughout the day, all hours of the night and even in the rain.
The usual hoot owls and honey bees have been replaced by vultures and flies, community members say. Millions of flies land on farm animals and get entangled in children’s hair when they play outdoors. In Hancock County, locals have resorted to firing shotguns in the air to scare away the vultures perched atop churches and other buildings. The vultures feast on the land where the soil amendment has been deposited.
“Buzzards or vultures, whatever you want to refer to them as, eat dead rotting flesh,” said Angela Walden who lives in Jefferson County, 45 minutes south of Augusta.
Dirt roads have become muddy, well-worn crevices as dozens of tanker trucks haul tons and of the liquid ooze into communities nonstop.
In most instances, the sludge is spread on top of the soil, locals and officials say, instead of injected into the ground, as the state requires, creating a horrific stench that stretches for miles.
“It smells like death and diarrhea,” said Patrick Dragos, a former Seattle ironworker who moved his wife and daughter to Jewell in August 2022. The family owns an historic wedding venue on a 42-acre estate with an 1895 Victorian home and barn near the Ogeechee River.
Dragos was so incensed after getting nowhere with state and local officials and the sludge-hauling companies that he is now running for chairman of Hancock County Board of Commissioners. The 34-year-old Republican is running against three Democrats, including the incumbent Helen “Sistie” Hudson who has held the seat since 2016.
“If they’re not going to handle our issues and take this seriously, I guess I’m going to have to do it myself,”Dragos said.
Problems began near the Dragos family’s Hancock County property in March 2023 when soil amendment was applied to a farm about a mile away. The smell and flies continued through October, leading Dragos to believe the problem was over. Then, the sludge-filled trucks returned in March of this year and have shown up frequently since then.
The family’s heading into a busy season of weddings, graduations and baby showers and never know when the trucks and smell will show up.
“The threat of the smell and flies is constant. So that stress is always there,” Dragos told State Affairs.
Dragos worries that nonstop application of the soil amendment may eventually seep into the water tables and eventually his well water.
It’s already created one environmental mishap.
In July 2022, some 1,700 fish died in the Little River in Wilkes County after soil amendment runoff from Mar-Leta Farms leached into the river, a Georgia Environmental Protection Division report found. The waste came from washdown water at a Hartwell County Nestle Purina facility provided by a company called Proponic Solutions, according to the EPD report. The report described the waste as “grey, turpid wastewater.” Mar-Leta, also known as McAvoy Farms, was later fined $85,000.
“It’s a major environmental concern,” said Paul, the Oglethorpe County Commission chairman. “And I’m not convinced that the fish kill in Wilkes County will be the last one because nobody really knows what’s in it. It’s just that simple. It comes as wastewater and suddenly goes on a truck and it becomes soil amendment.”
Fighting Back
Unable to get much help from the state agriculture department for years, some counties have taken steps to deal with the problem themselves:
In Warren County, companies wanting to apply soil amendment have to notify the county and get a permit to do so, Commission Chairman John Graham said. The companies also are limited to storing the sludge in certain industrial areas of the county and onsite for no more than 12 hours.
The ordinance was put in place about a year ago so that county officials “ would have more knowledge of what’s going on,” Graham said. “We’re going to stand on our ordinance. Our attorney put it together and he said he followed everything [based on the law]. He feels like we did the right thing.”
The issue had become such a problem that the county was forced to close one dirt road because “they had brought so many tanker-trucks of that stuff in, it messed up the dirt road. With all the rain we’ve had and them bringing in 20 trucks a day and that weight on a muddy dirt road just ruined it,” Graham said, adding that activity has “slowed down in the last little while,” Graham added.
Oglethorpe County created an ordinance last June that requires companies applying soil amendment on a tract of land to be at least 100 feet away from the property line of the nearest private property. During the 2021-22 legislative session, Senate Bill 260, sponsored by then-Sen. Tyler Harper, limited local buffers and setbacks to 100 feet.
“If we get a complaint, we will at least go out there and walk the perimeter of a property and make sure they’re not within 100 feet,” Paul said. “If we see something more egregious, like septage [human waste] for example, we can turn it over to the George Environmental Protection Division. It [Oglethorpe’s ordinance] does give us something new but that’s about it.”
Probably the strongest local government push back comes from Wilkes County. Two months ago, county leaders adopted an ordinance that requires landowners to prove they’re using the land where soil amendment is being applied to grow products, not just as a dumping ground. One soil amendment-application company sued the county two weeks ago saying the ordinance is illegal.
“Who knows what’s going to happen,” Moore, the Wilkes County Commission chairman, said when asked about the county’s chances of winning. “You would think we’d have a good chance. [But] We’ve been dealing with the state for so long, our expectations are not real high.”
Accidental Activists
The ongoing sludge fight has also created a motley mix of NIMBY activists.
Angela Walden and her husband had plans to build their dream home on their family’s nearly 200-year-old farm in Jefferson County. Those plans died on July 13, 2022 when they got the first whiff of a mysterious sludge that had been spread on her cousin’s farm across the two-lane highway dividing their properties.
A month later, Walden’s husband, who often tended the family farm after working his day job, got sick. He was vomiting. He had a sore throat, watery eyes and headaches. He was ultimately diagnosed with thyroiditis, a condition that occurs after coming in contact with hazardous toxins. That was the beginning of the Summer of Hell — 69 days of stomach-churning stench and flies — for Walden and her family.
It was also Walden’s swift induction into activism that would take her to the state Capitol to fight against the substance that ultimately caused a family rift that continues to this day.
“It’s small town, rural Georgians up against big industry,” said Walden, who has appeared in a Rural Georgia Protection Alliance documentary about soil amendment. “The chicken industry is big in our state. You’re going up against them, these lobbyists who have millions of dollars and big time attorneys. And you have the politicians. If I can just inform my county, my residents about what this really is and to try to keep it out of my community … that’s the best way to combat it.”
Walden wants to see regulatory authority over soil amendment removed from the state agriculture department and returned to the state’s Environmental Protection Division.
“That would be a huge win,” she said. “You know, we have to do what we can to try to bring some regulation and some oversight to what they’re doing.”
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].