ATLANTA — A medical equipment sterilizing plant can continue its operations in Smyrna, a judge ruled, but it could one day need to operate under stricter regulations.
Embattled company Sterigenics has been the brunt of several lawsuits as communities have scrutinized its use of ethylene oxide. Complaints allege the company has released the cancer-causing gas putting nearby neighborhoods at risk.
The company filed a lawsuit against Cobb County in 2020 after county officials wanted to require the Smyrna facility to operate under a new occupancy permit. In the suit, the company said that the requirement was an unfair response to the public backlash the plant was receiving.
A judge ruled last week that the county's claim wasn't fair -- saying its decision to require the new permit on the grounds the company has undertaken renovations to install new pollution controls ultimately wasn't valid.
But this doesn't mean the county couldn't require a new permit in the future.
The judge clarified in their ruling that the county could ask for a new permit under other conditions and that Sterigenics will need to operate by the county's regulations.
"There remains the possibility, of course, that Defendants [named in court documents as Cobb County and others] will subsequently find a new set of authorities on which to ground their assertion that Sterigenics requires a new CO [certificate of occupancy]. Indeed the Court’s opinion does not foreclose Defendants from doing so," the court documents state.
Ultimately, the ruling dismisses several counts in Sterigenics' lawsuit against Cobb County. Cobb County Board of Commissioners Chairwoman Lisa Cupid said the county attorney is digesting what this order means for the area -- but wants residents to know that the board will hold Sterigenics accountable and ensure its operating safely.
"I also note the Court expressly recognized Sterigenics did not present any evidence that our Fire Marshal or Chief Building Official 'acted other than in good faith and in keeping with their professional responsibilities.' The order makes it clear that the county will still have the opportunity to monitor the facility and ensure it operates in the interest of public safety," Cupid said in a prepared statement.