Appellant Wilbros, LLC operates a solid waste, recycling, composting, and waste water processing facility in Stephens County that is subject to the requirements of the Georgia Comprehensive Solid Waste Management Act, OCGA § 12-8-20, et seq. “the Act”, and related regulations. By Consent Order executed by Wilbros and the Environmental Protection Division of the Georgia Department of Natural Resources “EPD” in November of 2012, Wilbros agreed to pay $25,000 to the Department of Natural Resources in compromise and settlement of various disputed violations referenced in the Consent Order. These disputed violations include, among other things, alleged failure to comply with the terms of an earlier consent order as well as violation of provisions of the Act and the solid waste permit issued to Wilbros. The Consent Order stated that the EPD representatives who visited the facility on various dates in June of 2012 noted strongly offensive offsite and onsite odors and, on one of the inspection dates, noted numerous flies in the area related to Wilbros’s composting operation.
On August 1, 2012, Wilbros was charged with violation of Stephens County ordinance § 34-73 3 and 4.1 Wilbros and the state court solicitor filed a written stipulation in the case stipulating that Wilbros had been ordered by the EPD to pay a $25,000 fine for statutory violations of odor issues at the facility and that the operative dates for those violations encompassed the same dates alleged in the local ordinance violation charge. The parties further stipulated that both the county ordinance violation charge and the EPD Consent Order allege an ongoing odor nuisance and that “each proceeding has a goal of restraining, deterring, promoting retribution and abating the odor nuisance.” Wilbros filed a plea in bar of prosecution, raising double jeopardy, a preemption challenge, and a constitutional challenge asserting the ordinance is void for vagueness. The trial court denied Wilbros’s plea, specifically concluding there is no Georgia authority that permits a corporation to assert Fifth Amendment double jeopardy protection under the Georgia or United States constitutions, finding that the preemption argument fails, and finding that the county ordinance is constitutional. The trial court also granted Wilbros the right to pre-trial appeal pursuant to the authority of Patterson v. State, 248 Ga. 875 287 SE2d 7 1982 denial of a constitutional double jeopardy plea is directly appealable. Wilbros filed its appeal in the Court of Appeals, which transferred the case to this Court because it raises the issue of the constitutionality of the county ordinance, an issue over which this Court has exclusive jurisdiction. See Ga. Const. of 1983, Art. VI, Sec. VI, Para. II 1. For the reasons set forth below, we affirm the trial court’s denial of Wilbros’s plea in bar of prosecution.
