Stay ahead of the curve as a political insider with deep policy analysis, daily briefings and policy-shaping tools.
Request a Demo
Lawmakers asked to referee fights between cities and counties over local sales tax revenues
ATLANTA — Leaders of three Georgia cities pled their case to lawmakers on Monday for changes to the way some local sales taxes are divvied up between cities and counties. They said current law gives counties an unfair advantage in negotiating agreements and allows counties to hog tax proceeds — or at least to threaten to do so.
What’s Happening
At issue are the terms by which Local Option Sales Tax (LOST) agreements between cities and counties are renegotiated, which generally happens every 10 years after a new U.S. Census is conducted.
LOST proceeds come from a 1% tax on the sale of goods and services within a given county, which are split up between that county and certain cities within it to be used for services such as police, fire, water, waste disposal, and libraries.
In Georgia, 147 of 159 counties have such LOST agreements in place. Seven others have LOSTs dedicated strictly to education.
Just how counties and cities share those tax proceeds is at the heart of intense and often acrimonious debate that happens every time LOST agreements come up for renegotiation, as they did last year, said Rusi Patel, general counsel for the Georgia Municipal Association (GMA), during a presentation to lawmakers and others gathered for a Senate study committee meeting at the Capitol on Monday.
The state law defining how LOST revenues should be allocated includes eight criteria that both county and city leaders agree are vague and open to interpretation. The criteria include the populations of cities and counties, which units of government deliver services to residents, how much commerce takes place in a city during the day versus at night, and the point of sale of a particular good or service that is being taxed.
Some businesses have problems identifying where they’re delivering goods or where the tax should be charged, said Jonathan Ussery, Director of Local Government Services for the Department of Revenue, which manages LOST fund distribution.
Because there is not a formula for distribution of funds that incorporates all of the criteria (a prior formula was ruled unconstitutional by the Georgia Supreme Court), the cities and counties are left to interpret how much weight should be given to each one, Clint Mueller, the director of governmental of affairs for the Association of County Commissioners of Georgia, told State Affairs.
When cities and counties can’t come to an agreement, state law requires them to engage in a non-binding arbitration process, said Patel. But counties have a powerful option to use as leverage in those talks: They can threaten to let the LOST expire and to adopt instead a Homestead Option Sales Tax (HOST), a county sales tax used to reduce residential property taxes and to pay for infrastructure projects. HOST tax collections don’t have to be shared with municipalities.
“So one party has that as a hammer, and the other party has nothing to fall back on,” said Patel.
GMA members, including leaders of cities and towns across Georgia, are looking for legal changes to the way LOST negotiations are conducted in the future “that could help reduce tensions and animosity, so there’s less fighting,” he said.
Among them are Julie Smith, mayor of Tifton; Tim Young, city manager of Hapeville; and Marcia Hampton, city manager of Douglasville, who each described to the committee their LOST negotiation experiences last year, during which they said they were hemmed in by an unfair process and the will of their county’s leaders.
Smith said she walked into a negotiation with Tift County commissioners last summer armed with data demonstrating population growth and economic expansion in Tifton since the last LOST was set in 2012, which she said should justify an increase in the city’s share of the sales tax proceeds, to 45% from 30%.
County leaders weren’t interested, she said, and handed her a letter saying ‘If you don’t agree, we’re going to let LOST lapse and impose a HOST.’ After two days of mediation with no progress, she said, “We caved. I couldn’t take it anymore.”
Too much was at stake for Tifton residents if the LOST expired, said Smith — $4 million, a quarter of Tifton’s $16 million general budget. “If I didn’t have that in LOST, we’d have to drop services or cover it through property tax, which is a burden on the citizens,” Smith said. So Tifton agreed to keep the same share of LOST for the next 10 years, she said.
Hapeville’s Young said that on the first day of negotiations last July, just under $4 billion in LOST proceeds through 2032 to be divided between Fulton County and 15 municipalities in Fulton was on the table. Fulton County commissioners proposed reducing the municipalities’ share of collections from 95%, as previously negotiated, to 65%, with 35% now going to the county. If city officials didn’t agree, Young said, “they threatened to go with HOST.”
That would mean a loss of $2.3 million for Hapeville, he said. “That’s half of my police force, one of my two fire stations that I can’t fund. It would be a major hole in my budget.”
Young said the renegotiation process was “traumatic” and “contentious. … I expect contention over $4 billion, but I don’t expect a zero sum game, a no-win scenario.”
Douglasville City Manager Hampton said her team faced the same bind in negotiating with Douglas County, and ultimately “acquiesced” to a 3% drop in LOST proceeds last year, bringing the city’s share to 25%. That will mean raising property taxes by as much as 40% for Douglasville residents to cover the gap, she said.
“This has got to be fixed,” Smith told legislators and other members of the study committee. “Please do what you can to help us.”
Why It Matters
“The majority of cities, and I would imagine the majority of counties, heavily rely on this sales tax to not increase their property taxes and so they can pay for services,” said Patel.
GMA research shows that LOST revenues make up about 25% of most Georgia city budgets, on average, while they supply as much as 70% of the revenue for smaller municipalities in the state.
The bickering among local government leaders over sales taxes creates tension that carries on into other shared aspects of government between cities and counties, Patel said. It can also create a sense of distrust of government among citizens, especially when there is poor public transparency over the negotiating process, which he said is often the case.
“There’s such bad blood and bad tension between the city and county officials, due to what we perceive as mismanagement of county funds,” said Hampton. “We’re still playing triage and will be over the next 10 years.” She called for legislators to create a more level playing field and to consider making binding arbitration a part of the LOST process, “with punitive measures for local governments that don’t play fairly.”
Mueller of the ACCG agreed that negotiations “have been contentious and damaged city and county relations. …We are working with GMA to see if we can reach a compromise on a joint solution. The only real choice is to make the current negotiation process better or come up with another [distribution] formula. GMA and ACCG are working toward a compromise that would make the negotiation process better because any formula would pick ‘winners and losers.’”
What’s Next
Sen. Derek Mallow, D-Savannah, who chairs the Local Option Sales Tax Study committee, said upcoming committee meetings to be held in Griffin, Savannah and Atlanta over the next few months will include presentations by county leaders, including members of the ACCG.
From what he’s heard so far, Mallow said, “We need to have a better way to referee counties and cities in negotiation and ensure that not one body of government should have more power or leverage over the other. At the end of the day, we have to benefit the citizens of each of the counties and cities with a LOST.”
Mallow said he hopes the committee will “establish better guardrails and find the right metrics we should use to determine the percentages of who gets what.” He noted the Legislature has not significantly reviewed laws governing local option sales taxes since 1997.
“As we've seen, technologies change and needs change, in terms of the services cities and counties are providing, and what’s needed to keep communities safe,” he said. “You’ve got big economic development projects that are increasing infrastructure needs all over the state.”
Mallow said he’ll push to make sure that future LOST negotiations are required to include public hearings and public comment, “so that John Q. Public has a say in how all this money is spent.”
The report of the study committee is due to the governor, lieutenant governor and legislative leaders by December 1.
Have comments or tips on tax issues? Contact Jill Jordan Sieder on Twitter @journalistajill or at [email protected].
Twitter @StateAffairsGA
Instagram @StateAffairsGA
Facebook @StateAffairsGA
LinkedIn @StateAffairs
Header photo: City of Douglasville City Manager Marcia Hampton told members of the Senate Local Optional Sales Tax (LOST) Study Committee about her difficult negotiations with Douglas County officials over their LOST agreement, on August 14, 2023 at the Capitol. (Credit: Jill Jordan Sieder)
Read this story for free.
Create AccountRead this story for free
Create your free account or login to continue reading.
By submitting your information, you agree to the Terms of Service and acknowledge our Privacy Policy.
Latest Stories
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 …
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].