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Rockdale County Commissioners filing federal lawsuit against BioLab over chemical fire

Commissioners are seeking an injunction to shut down BioLab and damages for residents and businesses affected by the fire on Sept. 29.

ROCKDALE COUNTY, Ga. — The Rockdale County Board of Commissioners announced its intent to file a lawsuit against BioLab and its parent company, KIK Consumer Products, after an explosion and subsequent chemical plume forced thousands to evacuate. 

Post 1 Commissioner Sherri Washington is leading the lawsuit on behalf of the board and plans to file it in federal court later this week in the Northern District of Georgia to declare BioLab as a public nuisance. It is seeking an injunction to shut down BioLab and damages for residents and businesses affected by the fire on Sept. 29. Commissioners also said they want the chemical plant shut down. 

The lawsuit claims BioLab is a public nuisance, having had four major incidents in Conyers since 2004.

Commissioner Washington said the risk far outweighs any benefits the county could glean from the company continuing to operate in the county.

"For three weeks, I have listened to the numerous physical, mental and emotional tolls that this company's negligence has caused our residents and we want them gone," Washington stated. "I will fight until my last breath to have them removed."

RELATED: 'We deserve clean air' | Community members demand shutdown of BioLab facility after chemical fire

Officials said the primary focus of the suit is to hold both BioLab and KIK accountable for any negligence or misconduct uncovered by a thorough investigation. 

They are seeking comprehensive remediation and fair compensation for damages sustained by the county and its residents. 

Commissioners said they have not yet heard from BioLab but welcome a conversation. They say another town hall is being planned, but no date is set for that at this time. 

Washington held a news conference Monday morning, providing more details about the lawsuit. 

Watch the announcement below:

In a statement on Monday regarding the suit, a Biolab spokesperson said the company had not seen the complaint yet, adding it would be inappropriate to provide a comment about it other than to say BioLab worked with the county and other parties to complete the emergency response operations. The spokesperson said it at all times prioritized public health and safety. 

"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 said.

On Thursday, Rockdale County officials announced the shelter-in-place order had been lifted for the community after several weeks. 

On Friday, BioLab officials said the site's chemicals had been treated and no longer produced fumes. The same day, they added in a news release that the Environmental Protection Agency (EPA) had recorded 72 hours of no air quality exceedances in the community.

Despite BioLab opening a community assistance center and a 24-hour hotline for those seeking information or compensation, residents said support has been limited. 

Many feel abandoned by both the local government and the company responsible.

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