South Atlanta vs. Waste Management, round 5

Waste Management Inc., the owner and operator of Live Oak landfill in south Atlanta, is fighting hard to keep its bread-winning dump open for business.

Last week, Waste Management filed an appeal in Cobb County Superior Court in an attempt to overturn a state order to shut Live Oak down.

This is the second time Waste Management has gone to court to keep Live Oak open.

In the spring of 2002, the state Environmental Protection Division inspected Live Oak landfill. Inspectors found several air and solid waste management violations. Last summer, EPD ordered that Live Oak shut down, and that the company that owns Live Oak, Waste Management, pay more than $1 million in fines.

Waste Management appealed the order. But on Dec. 8, a state administrative court sided with EPD and a coalition of affected neighborhoods, represented by the Georgia Center for Law in the Public Interest. The court said no more dump trucks shall pass through the gates of Live Oak after Dec. 1, 2004.

Waste Management’s lawyers have also asked the Cobb County Superior Court to postpone the shutdown until their case is completed.

Brad Gardner, vice president of Waste Management’s Atlanta operations, says, “We feel confident that we have the legal right to continue providing this economical and environmentally safe waste disposal option for our customers.”

Georgia Center for Law in the Public Interest attorney Kasey Sturm says, “We’ll definitely fight that [Waste Management’s appeal].”

A hearing date hasn’t been set yet.

-- Michael Wall