Health & Fitness
Crematory Public Nuisance is NOT Based on Opinion
Does a crematory which smokes, smells, and pollutes the air with toxins such as mercury and dioxins qualify as a nuisance? According to GA LAW and Lillburn Municipal Codes, it DOES!
Recently a Council Member suggested to me that the crematory at 5005 Lawrenceville Hwy doesn't qualify as a nuisance simply because I think it is one.
You know what? He was right! It is not a nuisance because I think it is one. It is a nuisance because the law regarding nuisances, public or private, is very clear. A nuisance is defined by GA Law as:
Georgia State Law regarding nuisances defines a nuisance as:
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- O.C.G.A. § 41-1-1 … anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.
A public nuisance is:
- § 41-1-2 …one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals.
§ 41-2-1 …any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, ...
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Lilburn Municipal Code (click here) states that the following conditions (among others) may be declared nuisances:
- The generation of smoke or fumes in sufficient amount to cause odor or annoyance to the inhabitants of the city;
(This crematory smokes, and smells. I have witnessed it.)
- The pollution of public water;
(Mercury vapor when released in the atmosphere eventually pollutes water. 1/70th of a teaspoon of mercury can poison the water in 20-acres of lake)
- All walls, trees and buildings that may endanger persons or property;
(Overgrown trees next to building poses fire hazard)
- Any other condition constituting a nuisance under state law.
THESE ARE FACTS NOT OPINION!
I am still waiting for an official response from the council regarding the open letter I wrote last month, but based on my conversation with two of the council members after the meeting last Monday, it seems that the council thinks they can just ignore me an I will go away. WRONG.
I will repeat here what I told one council member Monday night:
"What good is it for Lilburn to have a nice downtown district with mural art and a fancy new city hall when the city refuses to protect the children who attend Lilburn Middle School?"
