Rockdale County files federal lawsuit against BioLab after Conyers plant fire

CONYERS, Ga. - Rockdale County is launching a federal lawsuit against BioLab, declaring the company a public nuisance after a massive fire at its Conyers plant sent plumes of chemicals into the air, causing air quality and health concerns, and forcing days of shelter-in-place and evacuation orders for residents.

"By filing the lawsuit we will prove that no corporation is above the law and no profit is worth the price of our community's well being," said Rockdale County Commissioner Sherri Washington. 

According to a media release, the suit is being filed in the Northern District of Georgia declaring BioLab as a public nuisance and seeking damages for citizens and businesses impacted by the BioLab explosion, which occurred on Sept. 29. Commissioners are also seeking an injunction for the shutdown of the Conyers plant.

"The explosion and subsequent plumes forced the evacuation of thousands of residents, the shutdown of schools and businesses, and several shelter-in-place orders after toxic chemicals were released causing health issues and other damages," Washington said in a statement through a media release. "As teams continue working to remove products from the site, a shelter-in-place order remains for residents, businesses, and other entities located within a 2-mile radius of the plant."

Federal officials are investigating what led to the fire and how it was handled. The sprinkler system showered water onto water-reactive chemicals, which sent plumes into the air.

BioLab’s website says it is the swimming pool and spa water care division of Lawrenceville-based KIK Consumer Products.

The plumes remained in the air for several days and even drifted into various parts of metro Atlanta due to changing weather patterns. Heavy smoke caused low visibility along Interstate 20 east of Atlanta as chemicals continued spewing from a beleaguered chlorine facility and eventually reached the state capital.

There have been other destructive fires at the Conyers complex, which opened in 1973.

In May 2004, multiple warehouse explosions led to a huge fire and chlorine-laden blaze that prompted the evacuation of 300 people, at least nine of whom sought hospital treatment for burning eyes and lungs, The Associated Press reported.

In June 2015, six Rockdale County firefighters were hurt in a fire at the complex, and another fire in 2016 prompted voluntary evacuations, the Rockdale Citizen reported.

In September 2020, a chemical fire prompted authorities to shut down Interstate 20. Nine firefighters went to hospitals after inhaling hazardous vapors, the U.S. Chemical Safety and Hazard Investigation Board determined.

"We need to get them to move someplace else and not be here and putting our life in danger," said Commissioner Doreen Williams.

"We'll be seeking comprehensive remediation of all the affected areas and pursuing fair compensation for damages to the county and it's residents," explained Shayna Sacks, a partner at Napoli Sckolnik PLLC.

FOX 5 Atlanta spoke to residents who shared mixed feelings about the BioLab and the county commissioners' decision to sue.

"I hate to see a big company like BioLab just shut down, but they've got to come out and speak up and let the community and leaders know what's going on," said Conyers resident Dr. Paula Moreland.

"I'm really proud of the county, that they're taking a stance, and they've given them more than enough time, but this is unacceptable," said Locosha Williams.

Rockdale County business owners react to BioLab lawsuit

Rockdale County businesses, like RIO’s Italian Ice and Ice Cream, are slowly recovering after the BioLab chemical fire forced many to close. Co-owners Noreen Rios and her husband, Destry Carrasquillo, had opened their shop just before the fire and faced a 10-day shutdown.

"More than monetary, I think we just deserve answers," Noreen Rios told FOX 5. "What’s the truth?"

During a Rockdale County news conference earlier in October, Carrasquillo, expressed frustration about the lack of communication and assistance for those affected.

"As a Rockdale resident, I haven’t received anything from anybody," he said. "As a Rockdale business owner, we haven’t been approached by anybody."

After hearing about the lawsuit filed by the county commissioners, Rios agreed that the closure might translate into months of potential financial setbacks for her business and others.

"Although it’s 10 days closed, it could mean two months of being behind," Rios explained.

BioLab has set up a community assistance center, but the couple is still reviewing their options while remaining committed to their venture in Conyers.

"When things like that happen, of course you’re angry, but when your hands are tied," Rios said. "You just have to step back and say ‘OK, what’s next?’"

Attorneys representing Rockdale County have indicated a willingness to negotiate with BioLab, provided the county's conditions are satisfied. However, the resolution for compensation remains unclear as two commissioners reported no direct communication from the chemical company.