A recent report from the Georgia Division of Public Health concludes that LHR Farms, a White County facility that processes waste from septic tanks, poses no threat to human health.

In spring 2008, the state conducted a public health assessment of the farm and surrounding neighborhoods. The study, compiled with assistance from the federal Agency for Toxic Substances and Disease Registry, has now been released for public comment.

It can be viewed at the Cleveland branch of the White County library. Jane Perry, chemical hazards program director at Public Health, said that’s the only copy of the report available for viewing, but a pdf version can be e-mailed upon request.

The Times has posted a copy on its Web site, www.gainesvilletimes.com.

Comments on the report will be accepted until Jan. 30.

Public Health conducted the assessment after receiving complaints from White County residents about health problems allegedly caused by pollution from LHR Farms.

The property covers more than 350 acres in southern White County, next to the Telford Hulsey Industrial Park off U.S. 129. Operational since 1996, LHR Farms accepts residential septage and commercial grease trap waste from all over Georgia and adjacent states.

Most of the waste is injected below the ground. Until June 2007, some of it was sprayed on fields to irrigate crops, but then the Georgia Environmental Protection Division discovered LHR didn’t have a permit for land application. Under a consent order, the farm has been working toward obtaining a permit.

The EPD was alerted to problems with the spray system after receiving about 100 complaints from residents about foul odors. In 2007, neighbor Peggy Rutter formed a protest group called North Georgia Against Spreading Septage.

In January 2008, the owner of LHR Farms, Gainesville businessman John Hulsey, sued for a restraining order against Rutter and another protester, Sandy Alexander.

Hulsey alleged that the group’s yard signs and Web site had harmed LHR’s reputation. The group argued that they were protected by the First Amendment’s right to free speech. The two sides reached a compromise before the case could be heard by a judge.

But in August 2008, about a dozen families sued LHR and Hulsey, alleging that odors and pollution from the farm were ruining their health and preventing them from enjoying their property.

That lawsuit has not yet been resolved, according to Don Stack, a lawyer for the plaintiffs.

"We’re still in the discovery phase. I don’t anticipate a court date anytime soon," he said.

Stack said Monday that he had seen the public health assessment on LHR Farms.

"It’s a good starting point. Like most governmental reports, there are things that are helpful to both sides," he said.

"But there are some significant omissions in the report, and some factual misstatements that need to be addressed. We question some of their methodology and data, which is not consistent with what we know to have occurred out there."

Stack said some of his clients believe Hulsey knew in advance that health inspectors were going to visit the site and only showed them what he wanted them to see.

But he doesn’t think the report’s conclusion that LHR presents no threat to public health will hurt the case if it goes to trial.

"I think juries are savvy and they realize that regulators can have the wool pulled over their eyes," Stack said.

Rutter said Monday that she and the other plaintiffs have been advised by their attorneys not to comment on the report.

David Syfan, attorney for White County government, said the report doesn’t address the legal questions surrounding LHR.

"To me, the report indicates that, for the most part, LHR is in compliance with state and federal regulations," he said. "But the county has been looking for an avenue to make sure LHR stays in compliance. They’re trying to determine if it’s possible to force LHR to disclose information about what’s going on there."

White County officials have complained that they don’t know exactly what’s being processed at LHR because they no longer have any jurisdiction. A 2002 state law, written specifically to apply to LHR, took away the county’s authority and transferred oversight to the EPD.

In response to complaints, EPD inspectors visited LHR on Jan. 17, 2008, and again on April 8. They found numerous violations, including poor operation and maintenance, failure to conduct monthly sampling, spraying in the rain, accepting sludge from Gainesville’s Linwood wastewater plant, and accepting wastewater from a Gainesville dry cleaner.

The latter two actions are not allowed under LHR’s permit.

The EPD also noted excess fecal bacteria in three samples of LHR’s effluent, and five violations of the nitrate standard in the farm’s groundwater.

But these EPD visits, and the violations cited, are not mentioned in the 37-page public health assessment.

The report says sampling conducted in March 2008 found no problems with LHR’s groundwater, surface water or well water.

Public Health epidemiologists also conducted a survey of nearby residents in April 2008, asking them about their health concerns.

More than 90 percent of respondents complained about odors. Seventy percent reported symptoms that could be associated with pollution, such as headaches, irritated eyes and coughing.

Asked about what illnesses they had experienced in the past two years, 12 percent reported kidney disease, an unusually high number. About 10 percent reported having cancer.

The report points out that because cancer often has a latency period of 10 to 30 years, the cancers people are experiencing now are probably not related to LHR Farms.

The report concludes that there is no public health hazard from exposure to LHR’s groundwater, surface water, soil or air. It acknowledges that "odors may have a negative impact on health and quality of life," but that these health effects are not permanent.

Brian Brodrick, public relations representative for LHR Farms, released a statement Tuesday from Hulsey on the results of the report.

"We feel vindicated by the results of the assessment, which we think offers compelling language that stands for itself," Hulsey wrote. "The report definitively states that LHR Farms is not a public health hazard to residents living near the site and adjacent private industry employees."

Hulsey added that he hopes the document "addresses the concerns of our neighbors as to the safety of the air and water that we all share."