Vote on Snellville crematory postponed

The Snellville City Council on Monday night postponed its vote on an air-quality control ordinance that would impose strict emission limits on incinerators such as crematories.

By a 5-1 vote, the council decided to wait until its Oct. 27 meeting to rule on the ordinance drafted by Councilwoman Kelly Kautz. The ordinance would regulate bio-waste incinerators such as hospitals and crematories, including one controversial crematory at U.S. 78 and Abington Drive.

The delay on the vote will give City Attorney Mike Williams time to ask for an unofficial opinion from the state Attorney General’s Office on whether the ordinance would conflict with the Georgia Air Quality Act. If it does, the ordinance would be nullified, he said.

Kautz introduced the ordinance Sept. 22, two weeks after Williams said the city had no authority to regulate emissions.

“My opinion is still the same,” Williams said Monday night before a crowd of more than 100 residents.

Councilwoman Barbara Bender said she had reservations about voting on the ordinance with so many questions left unanswered. Bender stressed that “doing the wrong thing … could be just as detrimental as doing nothing at all.”

Councilman Tod Warner had concerns as well, including one question about the ordinance’s specific limits for mercury emissions.

Kautz said she came up with mercury limits of 0.05 milligrams after doing research and talking with scientists.

“It not something I arbitrarily came up with,” she said, adding that a number of states, including Pennsylvania, Nebraska, Rhode Island and Florida, have such requirements. The ordinance was modeled after a Pennsylvania ordinance.

Councilman Robert Jenkins was prepared to vote in favor of the proposed ordinance. “With this many people staying involved [on the issue] … the folks who have been elected need to take action.”

Mayor Pro Tem Warren Auld said the council needs to protect the health and welfare of its residents.

“An ambiguity in the law does not require a paralysis of activity,” he said. “There is a growing tide of concern.”

That tide of concern was evident in the parade of residents who voiced their opinions.

Micki Stockton, who lives close to the crematory, asked why the city attorney was “dragging your feet” on contacting the attorney general’s office. “We’ve got kids in the neighborhood,” Stockton said. “It’s just not right.”

Larry Finney, a 36-year resident who said he lives less than 250 feet from the crematory, worries about his grandchild.

“When you go home, you don’t have to worry about which way the wind blows,” Finney said.

Former council member Bruce Garraway said the council’s delay on a vote is “a stall tactic to drag [the issue] out.”

Addressing council members still on the fence, Kautz said she didn’t want to risk the ordinance failing by pushing for a vote. “I hope I’m doing the right thing.”

Chris Nuzum, owner of Cremation Society of the South, opened his operation Sept. 2 amid a chorus of protest from nearby neighbors.

Nuzum has said he believes the city is trying to assume the role of an environmental protection agency in an effort to overregulate and drive him out of business. He said is prepared to take the matter to court.

In a related development, two residents who live adjacent to the crematory are asking the Snellville Board of Appeals to reverse the city’s decision to issue certificates of development conformance and occupancy to Nuzum.

Attorney Erik Pirozzi, who filed the appeal on behalf of Milus and Charlene Maney, said the business violates the city’s zoning ordinance and parking requirements, and that the noise and fumes have posed problems to the Maneys and other property owners.

The Board of Appeals will vote on the matter Tuesday night.