Rockdale County commissioners said on Monday the county will sue pool chemical company BioLab in federal court as they seek to shut down the facility following a Sept. 29 fire that sent up a massive toxic plume and forced thousands of Rockdale residents to evacuate.
“At this point, their risk to our community far outweighs any benefit we can possibly glean from their operation in this county,” Rockdale County Commissioner Sherri Washington said at a Monday news conference.
“I will fight until my last breath to get them removed.”
Washington said the forthcoming lawsuit is slated to be filed later this week after commissioners approve funding to move forward with the suit. It will be one of more than a dozen filed in recent weeks by Rockdale residents and business owners against the company, which has a history of prior fires and chemical releases in Georgia and Louisiana.
In the weeks since the blaze, BioLab has issued statements promising to remediate the situation. The company opened a claims center in Conyers last week, which has since been visited by 300 residents and business owners, the company said in a Friday statement posted to its website.
But county commissioners said the company has not communicated well with county officials. Washington and fellow Rockdale commissioner Doreen Williams said they have not spoken with the company since the fire. BioLab declined to attend a news conference held by state and county officials last week.
“They have not been forthcoming in getting our attention and reaching out to us,” Williams said.
BioLab on Monday said the company had little to say about the county’s announcement of its plans to sue. They have not seen a legal complaint from the county, but noted that the company worked in collaboration with the county and others to successfully complete the emergency response to the fire. They placed a priority on public health and safety, a company spokesperson said in a written response.
“We also worked diligently alongside the County to quickly stand up support resources for community members – including a process to be reimbursed for expenses related to the incident – and we remain fully committed to making things right for impacted area residents and business owners,” the spokesperson wrote.
The county has engaged New York plaintiffs firm Napoli Shkolnik for the litigation. Attorney Shayna Sacks said the lawsuit seeks to hold BioLab and its parent company, KIK Consumer Products, accountable for any negligence and seeks compensation for damages to the county and its residents.
Sacks said Rockdale is open to negotiating with the company so long as the “county’s concerns are adequately addressed.”
“Our goal is not only to address the immediate issue but to also set a precedent that enhances corporate responsibility and accountability as it relates to our environment and our community,” Sacks said.
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