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FORSYTH COUWTY NEWS-Stmdey.Jww 7, UM
Environmental group pans EPD change
EPD’s latest
move targets
enhancing
participation
By Coby Jones
Staff Writer
The Georgia Department of
Natural Resources’ Environmen
tal Protection Division will allow
for greater public participation
starting June 11, but some envi
ronmental groups say the limited
involvement is not enough.
Amid contention the agency’s
public participation rules don’t
meet federal law, the DNR, which
governs EPD, voted to change its
policy May 20.
The change requires EPD to
notify and provide the public a
30-day comment period before
issuing certain enforcement
orders. They include “consent
orders,” which EPD and a violator
Thieves walk away with antique Chevelle
By Michael Kurtz
Staff Writer
Sheriff’s office investigators are
for a 1966 Chevrolet
k Chevelle stolen June 2 from
[ Sexton Motorsports on Oak
j Grove Circle.
* Considered an antique, the car
was in the parking area outside
the garage when it was taken.
According to the incident report,
it appears the car was pushed
from the lot onto a rollback type
truck.
It is a red two-door valued at
SIO,OOO.
Other incidents reported to the
Sheriff’s office include:
• A portable television/cassette
player, a Sanyo 25-inch television
and a Sanyo portable compact
player were stolen from a
XVann Tavern Road address on
‘’June 3. There was no sign of
* forced entry. The items are valued
Cat $705.
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Reservations Suggested
agree upon but not “administra
tive orders,” those which EPD
issues without an agreement. The
four criteria are:
• When the director believes
release of a regulated substance
has or will endanger human
health;
• When violators have over a
year to bring a facility into com
pliance or when compliance
schedules are extended;
• When a second order is issued
to the same facility for the same
reason in a 12-month period;
• When the violator requests in
writing that the public be notified.
The rule directs EPD to consider
all letters, documents, photos and
videos sent during the comment
period. It also says EPD will pub
lish all final orders on its web site.
The first enforcement order will
be posted on the agency’s web
site June 15, said EPD assistant
director David Word
But Michele Merkel, an attorney
with the Upper Chattahoochee
Riverkeeper, wanted more reform.
In a May 6 letter to Word, Merkel
wrote, “ ... EPD is acting in a
manner less protective to human
Sheriff’s office incident reports summary
• Several guns, two 35mm cam
eras and a compact disc player
were among the items stolen from
a Kelly Mill Road address on
June 4. The front door of the resi
dence was pried open, causing
damage to the door and frame..
The items are valued at more than
$4,600.
• Someone stole six baby rabbits
out of a cage at a Powers Family
Road address between May 28-
June 3. The perpetrators also
broke the latch off the driver’s
seat of a 1984 Volkswagen and
damaged a pair of sunglasses in
the vehicle.
• A bundle of 2x12 boards, a
truckload of OSB boards and a
28-foot extension ladder were
stolen from an Emory Drive resi
dence between May 26-31. The
equipment is valued at SI,OOO.
sonal and home security and much
more.
Preparedness Expo ’9B will be
held at the Cobb Galleria Center.
Expo Hours are: Friday, June 12
noon - 9 p.m.; Saturday, June 13,10
a.m - 9 p.m; Sunday, June 14, 10
a.m -7 p.m.
Expo admission is $7 per day or
$lB for 2 day pass (includes hourly
free lectures.) Children 13 and
under are free.
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EPD is acting in
a mannerless
protective to
human health
and the environ
ment than pro
vided by the
Clean Water Act
health and the environment than
provided by the Clean Water Act
and its implementing regulations.
Riverkeeper believes therefore
that the proposal should be
amended to require ndtice and an
opportunity to comment on all
state enforcement actions.”
She said providing public partic
ipation for consent orders but not
administrative orders creates a
loophole, allowing EPD to cir
cumvent the public participation
rules altogether.
Merkel also noted that EPD has
• Someone stole the air condi
tioning unit from a house under
construction on Canyon Oak Way
between May 29-June 1. The unit
was outside the residence when it
was stolen. The wires had been
cut.
• A 1985 Chevrolet wrecker was
stolen from a Daves Creek Trace
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no way to accurately assess when
substances threaten human health,
does not provide an opportunity
for public hearings, and is not
required to respond to public
comments.
Stacey Hillock also wants more
change. She works for Eco-
Action, a non-profit organization
that helps impoverished commu
nities deal with hazardous envi
ronmental problems.
The group has lobbied EPD to
change its public participation
rules for two years. “At least now
we’ll get notice of all final orders
so we can keep track of viola
tions,” said Hillock. “But a lot of
problems stem from consent
orders that are not enforced,” she
added.
Word said the EPD would be
swamped if it was forced to pro
vide public notice and comment
on every order. He also said the
rule change brings the EPD into
compliance with federal law.
“Let’s identify the more impor
tant ones [enforcement orders].
After a couple of years, if the rule
needs to be expanded again then
let’s change it,” he said.
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CAT CAPER from 2A
Earlier in the week, Gaffney had
notified the Forsyth County News
that Kirk had told him he had
interviewed Major Bom pursuant
to the Internal Affairs complaint
but that the investigation would
not go forward until Gaffney
turned over copies of his own
tapes to Internal Affairs.
“If it (the investigation) was
dead from the beginning, why did
he proceed. This is totally out of
control, and I am ready to take a
polygraph tomorrow,” Gaffney
said, although he questions
whether there is a conflict of inter
est inherent in the Internal Affairs
hierarchy, as Sgt. Kirk would be
required to investigate a complaint
against his superior officer, Col.
Townsend. Townsend said
Gaffney may go to the GBI direct
ly.if he’s not comfortable with the
procedures.
Gaffney says he has learned
that when went he went looking
for his cat the day a complaint was
filed, he was very near Sheriff
Denny Hendrix’s backyard.
Gaffney played a cassette record
ing of a man who appeared to be a
sheriff’s department officer ask
ing: “Is this about the cat behind
the sheriff’s house?” Gaffney says
he has recently heard the sheriff
has received threats in the past and
says he would understand if the
department is in a higher state of
alert as a result.
Townsend says the proximity
to the sheriff’s house has not influ
enced the investigation: “Not to
W- 7 -.•Wgw
tj'
l :
Photo/submitted
Herbie remains missing.
my knowledge,” he said.
Born and Townsend say
Gaffney can come in the county to
look for the cat whenever he likes,
as long as he does not trespass.
Gaffney says he doesn’t want
anyone prosecuted or fired but->
says he wants a letter of reprimand ■*
to be placed in Born and
Townsend’s files and wants them
to take sensitivity training on how
to deal with the public. He says he
has no intention of filing a lawsuit.