Stay ahead of the curve as a political insider with deep policy analysis, daily briefings and policy-shaping tools.
Request a DemoState lawmakers target Fulton County Jail for investigation
The Gist
ATLANTA — State lawmakers announced Thursday the formation of a bipartisan senate subcommittee that will investigate conditions at Atlanta’s Fulton County Jail where 10 inmates have died so far this year.
The announcement at Liberty Plaza in downtown Atlanta marks the first time state lawmakers have publically weighed in on the crisis at the Rice Street facility, which has stirred local outcry, garnered national attention and prompted a federal probe.
“We can’t stand idly by while people are dying and justice is not being adjudicated in a timely manner,” Sen. John Albers, chair of the Senate Committee on Public Safety, said. “Therefore, I have assigned a public safety subcommittee with a deep dive investigation into issues, the root causes and most importantly, the solutions. I have the utmost confidence that this committee of professionals will do what needs to be done.”
Sen. Randy Robertson, who is vice-chair of the Senate Committee on Public Safety and a retired law enforcement officer, will chair the subcommittee.
Lt. Gov. Burt Jones, president of the Senate, insisted the subcommittee’s work would not be “adversarial.”
“We want to help have solutions to this issue,” he said “Anytime you have significant issues going on in your state or in counties or at the federal level, you’ve got to get to the root of the problem.”
What’s Happening
Thursday’s announcement comes three months after the U.S. Justice Department launched an investigation into the troubled jail. The federal agency is looking into inmates’ access to medical care and the use of excessive force by Fulton County Sheriff’s department staff.
On Wednesday, local activists expressed concern about Fulton County Sheriff Pat Labat’s plan to move nearly 1,000 inmates to south Georgia and Mississippi in order to repair the jail and deal with overcrowding. Labat wants $30 million from the county for that plan.
Opened in 1989, Fulton County Jail has spiraled into a squalid den of disrepair, drugs and death and has become the poster child of jailhouse justice gone terribly wrong. It was built to house 1,125 inmates but has been known to exceed 3,000.
Ten inmates have died at the jail so far this year. The latest death occurred last month when 24-year-old Shawndre Delmore was found unresponsive in his cell. He died three days later at Grady Memorial Hospital. Last year, the jail had 11 fires, 534 fights, 114 stabbings and at least two homicides, according to prison records and news reports.
Many of the inmates housed in the jail can’t afford to post bond, and as a result, they’re forced to stay days, months, even years sometimes.
Why It Matters
State lawmakers could no longer sit on the sidelines, Albers told State Affairs in an interview after Thursday’s announcement.
“Fulton County's been doing a lot of finger-pointing at everybody but themselves for many years and that's why we had to step in,” he said. “It’s our capital county. It’s our largest county. I'm disappointed they couldn't do it by themselves. But we're at this juncture and we need to do what is right.”
Albers told State Affairs he recently learned of one inmate who has been at the jail for 10 years.
When asked if the person was still in jail, Albers said , “as of a few weeks ago, the answer’s yes. Nobody should ever have been there that long. Ever.”
About 95,000 people are behind bars in Georgia, according to Prison Policy Initiative, a nonprofit criminal justice public policy think tank in Easthampton, Massachusetts. About 40,000 of those people are in jails. Each year, at least 236,000 different people are booked into local jails in Georgia, according to the think tank.
Once the subcommittee has gathered all of the necessary information, Albers said the committee will put a plan in place. “That plan could involve work. The county is going to [have to] solve their problems, but there's also areas where the state or the feds, or even local cities need to step in, in order to help solve the problem. I don't believe there's any single-bullet solution to solving it. But, you know, this is a combination of what happens when a lot of processes break down and fail. It's not just the jail itself. It's how people come in and come out to the system and get adjudicated through courts and all that stuff. So there's a lot of work to look at.”
What’s Next?
The newly-formed subcommittee’s first meeting will be at 10 a.m. Nov. 2 in room 450 at the Capitol.
Subcommittee members include Robertson and Albers; Sen. Mike Dugan, a former Army officer who chairs the Veterans, Military and Homeland Security Committee; Sen. Chuck Payne, a former juvenile probation officer and chair of the Science and Technology Committee; Sen. Sonya Halpern, chair of the senate’s Fulton County delegation; and Sen. Brian Strickland, chair of the Senate Judiciary Committee. All the members are Republican with the exception of Halpern, who is Democrat.
Robertson said his goals for the subcommittee include determining “what some of the causation factors are.”
“Whether it’s funding, whether it’s in management or whether it’s in the courts or the prosecution. We’ll let the evidence lead us to where the problem is, and then hopefully we’ll have some strong suggestions to help solve this problem,” he said.
Read more about Fulton County Jail and challenges within Georgia’s overall penal system here and here and here.
Check out our summary on TikTok:
Have questions, comments or tips? Contact Tammy Joyner on X @lvjoyner or at [email protected].
X @StateAffairsGA
Instagram@StateAffairsGA
Facebook @StateAffairsGA
LinkedIn @StateAffairs
Header image: Sens. John Albers (left), Randy Robertson, Marty Harbin, Mike Hodges, Clint Brown, Steve Gooch and Jason Anavitarte listen as Lt. Gov. Burt Jones addresses the crowd at the press conference in response to the incidents and challenges reported at the Fulton County Jail. (Credit: Tammy Joyner)
Read this story for free.
Create AccountRead this story for free
By submitting your information, you agree to the Terms of Service and acknowledge our Privacy Policy.
Weekend Read: Mesha Mainor expected to face uphill battle to retain seat — even against little-known competitors
Three of the four candidates for Georgia House District 56 in southwest Atlanta are scheduled to appear at a forum in Fulton County next week, just a few days ahead of the May 21 primary election.
Rep. Mesha Mainor won’t be among them. The incumbent, an Atlanta native running for her third term, said she won’t go because her alleged former stalker — one of her Democratic challengers — will be there.
But in any group of Democrats gathered in Atlanta lately, Mainor is the odd woman out. Since switching to the Republican Party last July, she has earned the enmity of many of her former Democratic colleagues, as well as the voters who elected her.
Mainor’s strong support for bills creating private school vouchers and disciplining prosecutors last year made her a pariah among some in her party. After Mainor cast the lone Democratic vote for Senate Bill 233, the Georgia Promise Scholarship Act, which narrowly failed, Sen. Josh McLaurin, D-Sandy Springs, said that “a Democrat who votes to defund public education should be primaried,” and posted online a photo of a $1,000 check awaiting Mainor’s primary challenger.
More condemnation and criticism from other Democrats followed, leading Mainor to announce last July that she was leaving the Democratic Party due to their “harassment” and intolerance. In doing so, she became the only Black member of the GOP among Georgia’s 236 lawmakers and the first Black Republican woman to ever serve in the Georgia General Assembly.
This year Mainor voted as a member of the Republican majority to pass the school voucher bill, as well as Senate Bill 332, which empowers the oversight commission aimed at disciplining “rogue” and errant prosecutors.
‘Dead woman walking’
Mainor’s Republican colleagues have praised her for taking a stand on the two bills, despite the political cost.
“She was a leader on that education reform bill from start to finish,” said Rep. Matt Reeves, R-Duluth, adding that “here in Georgia, I think that people want to see problem solving and effectiveness and delivering results. And that’s what she has done.”
House Speaker Jon Burns, R-Newington, told State Affairs that “[Mainor’s] support of school choice legislation played a vital role” in the bill’s passing. He added, “Representative Mainor’s dedication to common-sense policies that support Georgia’s children, families and communities has been evident since day one.”
Still, Mainor, who has no Republican primary opposition, faces long odds for reelection in November in her strongly Democratic district, where 90% of voters chose Joe Biden for president in 2020.
House District 56 is 47% Black, 32% White, 10% Asian and 6% Hispanic or Latino, and 26% of residents live below the poverty line, according to 2022 data from the Atlanta Regional Commission.
“She has incumbency in her favor, and she’ll do better than most Republicans in a heavily Democratic district where African Americans are a key constituency, but she will get nowhere close to 50% plus one vote,” said Charles Bullock, a political science professor at the University of Georgia.
“She alienated everyone in the Democratic caucus and engendered animosity among her colleagues” through her unpopular votes, he said. And once Mainor switched parties, “she was a dead woman walking from that point on,” Bullock said. “I would imagine most Republican strategists have written that district off.”
“Party matters,” said Andra Gillespie, a political science associate professor at Emory University. Although “there is a diversity of thought within Black communities on issues related to school choice, this is likely not the top issue for voters in her district in this cycle,” Gillespie said. “And Democratic voters as a whole tend to penalize more conservative candidates. Party switching kind of goes beyond the pale. … While she may have some residual level of support as an incumbent, most people are not going to defect and go vote for her because they’ve known her before. Partisanship is going to hold that back.”
Mainor’s Democratic challengers
Mainor’s first Democratic challenger to emerge was Bryce Berry, a 22-year-old seventh-grade math teacher and president of the Young Democrats of Georgia.
Originally from St. Louis, Berry said he got involved in community organizing as a teen after the shooting death of Michael Brown by police in nearby Ferguson in 2014. At Morehouse College, Berry started a state-level student group to help elect Joe Biden and Kamala Harris in 2020 and then led college voter mobilization efforts for the Georgia Democratic Party in 2022.
Berry has since won the endorsement of dozens of Democratic state legislators, including most of the House leadership. He also has the backing of several Atlanta school board members, Fulton County commissioners and Democratic student organizations at Spelman and Morehouse colleges.
Berry, a teacher at Young Middle School, in southwest Atlanta has raised $36,350 in campaign contributions since last July, and his campaign war chest held $19,150 as of April 30. Mainor, meanwhile, reported raising $62,863 over the last three quarters and had $12,420 in her campaign account through April.
Berry’s platform includes measures around education reform, expanding Medicaid coverage, raising the minimum wage and working with local and federal governments to create more affordable, mixed-use housing developments in Georgia.
“Fundamentally, Rep. Mainor has left our community behind,” Berry said. “It’s not just about her switching parties; it’s about her actions. …Voters in my district feel like they are not being heard by the state, their needs are not being met and they’re ready for a return back to a visionary, progressive Democrat who will work tirelessly to improve their lives.”
Emory’s Gillespie said Berry appears to be the front-runner in the District 56 Democratic primary.
The Democratic candidate with the next-best level of name recognition in House District 56 is likely Corwin “CP” Monson.
Monson, 50, an audio engineer, was a volunteer in Mainor’s unsuccessful campaign for Atlanta City Council in 2019 before she fired him for being disruptive, she said. Soon after, she accused him of stalking her. A Fulton judge granted a temporary protective order against Monson, who was later arrested for violating it.
In September 2021, in a plea deal offered by Fulton County District Attorney Fani Willis, Monson pleaded no contest to aggravated stalking charges and accepted a three-year sentence — one in prison and the rest on probation. Having already served 10-and a-half months in jail, he was released in November 2021.
Monson has denied stalking Mainor, who he said has “lied and committed character assassination” against him. He told State Affairs he took the plea deal to get out of jail after his lawyer told him a court backlog in Fulton County meant his case might not be heard for another two years.
Monson, who has been endorsed by former state representative for District 56 “Able” Mable Thomas, is campaigning on economic development and education reform, including making the school funding formula “more equitable” for low-performing and rural schools.
Monson also seeks to expand Medicaid and other affordable health care options, as well as pursue criminal justice reform.
He reported $1,005 in campaign donations as of January, but has not yet filed a campaign finance report for the first quarter of 2024, which was due on May 7.
Last week, Mainor announced she is suing Fulton County, Willis and Fulton County Commissioner Marvin Arrington (who initially represented Monson) in civil court for their mishandling of the stalking case against Monson, which she said was not properly investigated, was sidetracked due to interference from Arrington and resulted in a too-lenient sentence.
Also challenging Mainor is Adalina “Ada” Merello, a 42-year-old waitress who has lived in Vine City in House District 56 for two years.
Originally from Eugene, Oregon, she has an extensive background in government and campaign-related work, including working for former Atlanta Mayor Kasim Reed on neighborhood improvement and service-based initiatives and volunteering for the campaigns of former President Barack Obama in 2012, gubernatorial candidate Stacey Abrams in 2018 and U.S. Rep. Nikema Williams and U.S. Sens. Jon Ossoff and Raphael Warnock in 2020 and 2021.
“I’m running because the neighborhood has been misrepresented for too long,” Merello told State Affairs. “Recently, we’ve had backstabbing with misrepresentation,” she said of Mainor’s party switch. “But I believe prior to that, we just don’t have a loud enough voice at the Gold Dome. So I’m newer in the neighborhood, but what I’ve seen is just people living their day-to-day lives, wanting life to be a little easier. And I don’t mean that in a handout way but a hand-up way, of people helping each other.”
Her campaign platform includes mental health reform, with a focus on further implementing some of the parity goals established in the major mental health legislation passed in 2022.
Merello, who has openly discussed her bipolar disorder diagnosis, said she “wants to normalize mental health issues and treatment to make life easier for people who’ve had lives like mine.”
She also wants to improve public schools, create more food security for low-income residents, enact more tenant protections and expand LGBTQ+ rights.
Merello reported $13,219 in campaign contributions as of April 30.
Running on her record
Shrugging off Democrats’ criticism , Mainor, 49, maintains she is “extremely proud” of her advocacy for “the school choice bill,” which she said will deliver sorely needed education options to families in her district, where only 2% or 3% of students at some schools meet reading and math proficiency levels, she said.
Mainor grew up in the Hunter Hills neighborhood of District 56, where she said property and violent crimes, prostitution and the drug trade were rampant and students like her were stuck attending low-performing, poorly equipped schools. She said her mother “worked the system” to enable her to attend Mays High School across town, a better public school that put her on a path to attend Howard University.
“Currently, my district has the most charter schools than any other district in the entire state,” she said. “And what does that mean? That means parents want options and choices. And I do believe school choice is going to create a competitive environment; it’s going to change the dynamics of the education system, which needs to happen. I mean, we really do need to look at how education is done. The school board essentially controls the curriculum, and it’s not serving all students well enough. … And so I think SB 233 will allow families to kind of pick what they want.”
Besides improving educational opportunities for children, Mainor said she’ll continue to focus on public safety and criminal justice reform. She pointed to a bill she sponsored last session, House Bill 1165, that will bring in $7.5 million in federal funds for gun violence prevention programs in Georgia, which Kemp signed in April. She also worked this year with Rep. Reeves on House Bill 926, also known as the Second Chance Workforce Act, which allows people to keep their driver’s licenses and “to still be able to get to work” while they’re awaiting court appearances. Kemp signed it last week.
In 2023, as a Democrat she authored House Bill 142, the Unified Campus Public Safety Act, which allows police on the multiple Atlanta University Center campuses in southwest Atlanta to cross boundaries and collaborate, which she said was in response to campus shootings and bomb scares.
Mainor pointed to other accomplishments during her two terms, including her bill in 2021 to create the Fulton Technology & Energy Authority, an agency that fosters the development of energy-saving technologies that she said will lower the energy burden and create good-paying, green jobs for her constituents.
If reelected, her “key priorities are going to be continuing in the education space,” she said. “But in addition to schoolwide things, I really want to focus on the criminal justice system. I want to see what kind of resources you have while you’re in jail that are getting you ready for when you go out of jail and then when you’re on probation, because we really need to be more comprehensive with the resources we’re giving ‘second chance’ citizens once they come out.”
Reeves, who serves on two House judiciary committees, said Mainor “has a passion for workforce issues and upward mobility of young people. … I think her mindset is rather than having people unnecessarily go to jail or go to prison, to figure out a way to not have their work and education disrupted. And that invariably touches on legal and criminal and public safety issues, so we’ve had multiple chances to work together. And what I’ve seen is she’s very educated, intelligent, a deep thinker in terms of legislative matters. She gets the big picture and the philosophical issues, but she’s always working on the practical part of it to help out her constituents.”
Mainor said she has enjoyed accomplishing more as a legislator in the Republican majority.
“Mentally, I’m in a better place because I don’t have the hostility on one side, because of my vote on school choice or whatever vote I did. And so I feel like I’m in a space where I am encouraged,” she said. “And I got a lot more done this year than I did last year.”
She said she is relying on voters in her district to “look at my record and reflect on what I’ve been able to deliver and see how that compares to what you’ve gotten from Democratic representation in recent years. I tell people, ‘Now you have someone at the other side of the table, sharing what your needs are, because right now [the Republicans] don’t know. I’m able to go and say this type of community needs this. Right now they have no idea.’”
Mainor said, “People in the community have told me, ‘You have helped us and we don’t care what letter is next to your name,’ and sent texts saying, ‘I guess I’m gonna vote across the ballot.’ Many people are coming to me secretly. You know, being Black and a Republican is taboo. You’re not allowed to be a Republican if you’re Black. You’re bound to face bullying and ridicule. Nobody, no one feels like they can just come out and say it, and that’s fine. I just need them to vote for me at the ballot box.”
Gillespie of Emory said Mainor might be expecting too much from voters.
“As a third-term incumbent, you have an incumbency advantage, but you haven’t built up a long-term reservoir of goodwill yet, compared to someone who’s held on to the seat for, say, 20 years,” she said. “It’s a risky thing to get ahead of your constituents on policy, when your constituents aren’t animated by the same issues that you are. And now we’re going to see what the impact of that is.”
Early voting is underway through May 17, and primary election day is May 21. Primary runoff elections, if needed, will be held June 18. The general election will happen Nov. 5.
Read these related stories:
Have questions, comments or tips? Contact Jill Jordan Sieder on X @journalistajill or at [email protected].
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].
And subscribe to State Affairs so you do not miss an update.
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 …