Bishop Road Landfill Update

The City of South Fulton’s Fire Department and Code Enforcement Division have been proactive in addressing a consistent burning at Bullock Construction and Development (Bullock Construction) located at 7635 Bishop Road, City of South Fulton, GA.

Since the fire began on September 20, 2018 the City's Fire Department has made several attempts to assist Mr. Bullock with extinguishing the fire located underneath a 50-foot mound of dirt, filled with tree stumps, tree debris, concrete and other combustibles. Representatives from the Georgia Department of Natural Resources made it very clear that the current site situation is in violation of Federal, State and local rules due to the height and slope of the landfill. 

The City's Code Enforcement Officers have worked collectively with fire officials to help with the effort as well. The City's Fire Chief has also visited adjacent homes and schools to update residents and school officials of actions taken by the City to address the problem.

The City of South Fulton Fire Department continues to monitor the situation daily and will keep residents and community members informed on any next steps.

Bishop Road Fire Related Documents:

Please see below a timeline of events as it relates to the Bishop Road fire:

DATE ACTION
April 27, 2004 Control number 0426591 issued for the business by GA Corps. Div.
July 29, 2013 Mr. Tandy Bullock, owner of Bullock Construction, agreed to reduce the materials on the property and bring the property in compliance with solid waste rule pursuant to consent order EPD-SW-2587
July 10, 2014 Bullock submitted a notice of completion of consent order EPD-SW-2587
August 15, 2014 Fulton County EPD determined that Bullock failed to comply with conditions 2,3,4, and 7 of consent order EPD-SW-2587
June 28, 2017 Fulton County EPD received a complaint that Bullock continued to accept C&D material and large amounts of solid waste at the property
July 6, 2017 Notice of violation issued to Bullock from EPD
July 26, 2017 Bullock met with EPD to discuss the July 6, 2017 NOV and Bullock asserted that he was in full compliance and to date Bullock has not submitted a response for the July 6, 2017 NOV
August 17, 2017 EPD property visit
August 24, 2017 Control number 0426591 from the business by GA Corps. Div. Dissolved
September 26, 2017 EPD property visit
November 3, 2017 EPD property visit
December 19, 2017 EPD property visit
January 1, 2018 Tax certificate issued by South Fulton
January 10, 2018 EPD property visit. Bullock received C&D materials, and solid waste at property that were unstable and posed public health/safety hazard
January 12, 2018 NOV notice sent to Bullock to notify in violation of the solid waste rule and gave him 30 days to remove all of the accumulated solid waste and to submit receipts from an EPD-approved solid waste landfill, disposal facility, or recycling center to document corrective measures taken; Bullock has not responded
February 21, 2018 EPD property visit. Bullock received C&D materials, and solid waste at property that were unstable and posed public health/safety hazard
February 22, 2018 

Ticket administered by Union City for concrete run off/ illicit discharge
March 20, 2018 EPD property visit. Bullock received C&D materials, and solid waste at property that were unstable and posed public health/safety hazard
March 21, 2018 Ticket administered by Union City for land disturbance without permit
March 28, 2018 License issued to B & B Construction
May 10, 2018 EPD property visit. Bullock received C&D materials, and solid waste at property that were unstable and posed public health/safety hazard
May 3, 2018 EPD property visit. Bullock  received C&D materials, and solid waste at property that were unstable and posed public health/safety hazard
June 26, 2018 EPD property visit. Bullock received C&D materials, and solid waste at property that were unstable and posed public health/safety hazard
July 16, 2018 EPD property visit. Bullock received C&D materials, and solid waste at property that were unstable and posed public health/safety hazard
September 20, 2018 Authorized solid waste at property caught fire; firefighters from the surrounding area and GA Forestry Commission responded to the fire
September 24, 2018                                                                                                                                                         
EPD conducted site visit in response to citizen complaint about an uncontrollable fire at the property and EPD noted that the waste was still burning; Bullock failed to respond to EPD contacts
September 30, 2018 The City of South Fulton Fire Department came to the property to extinguish logs that had been buried and were producing smoke and harming community
September 24, 25, 27 and October 2, 9 & 11, 2018
EDP conducted site visits at the property in response to a citizen complaint and documents that the solid waste was still burning without supervision
October 15, 2018 EPD Law Enforcement officers hand delivered a proposed Consent Order to Respondent, which he did not sign
October 24, 2018 COSF Fire Chief visited the property and gave advice on how to extinguish fire and EPD cited Bullock with an Admin Order for illegally operating solid waste handling site (EPD-AO-SW-2812).
October 26, 2018 Administrative order No. EPD -AO-SW-2812 mailed to Bullock
October 29, 2018 Administrative order No. EPD -AO-SW-2812 hand delivered to the D
October 24, 2018
The EPD Director executed Administrative Order No. EPD-AO-SW-2812, which required Respondent to immediately cease receiving, bringing, authorizing, or allowing solid waste to be deposited at the property; immediately "take all appropriate measures necessary to safely extinguish all burning material at the Property"; and, within 15 days of execution of the order, submit a corrective-action plan (CAP) meeting enumerated criteria to assess and address the violations documented in the Administrative Order. 
October 29, 2018 EPD hand-delivered the Administrative Order to Respondent.
October 30, 2018 EPD received a written response to the proposed Consent Order alleging that Respondent was in compliance with the Solid Waste Rules, had not accepted C&D waste, had complied with all prior EPD requests, had not engaged in any burning or illegal activities, had monitored the fire with 24-hour security, and believed that EPD was being used as a weapon by a competing business.
October 31, 2018 COSF Fire Chief followed up with community members about smoke from the property
November 1, 2018 NOV issued to Bullock by Code Enforcement
November 2, 2018 COSF Notice of Fire Code violation and violation of COSF burn ordinance; Demand for immediate Remedial Action issued by COSF 
November 2,7,13 & 16, 2018               EPD conducted site visits and documented that the waste pile still was burning.
November 2, 2018
Mr. Tandy Bullock, owner of Bullock Construction, was cited by the Fire Department for violating the City’s Burn Ordinance. The City’s Code Enforcement Division has also cited Mr. Bullock for the following: 
     -Failure to obtain a Use Permit 
     -Illegal Land Use 
     -Operating as a nuisance
November 5, 2018 COSF Fire Chief provided Bullock with info of a high heat fire specialist who specializes in extinguishing landfill legally and properly
November 7, 2018 Environmental labs and service records and reports entered
November 9, 2018 Compliance due date per AO issued on 11/2; Illegal burning conducted by Bullock; arrest warrant issued by COSF
November 13, 2018 COSF Affidavit notice sent
November 13, 2018
Mayor William "Bill" Edwards hosted an open forum to discuss actions taken by the City of South Fulton regarding the fire at Bishop Road.
November 14, 2018 Environmental labs and service records and reports entered
November 19, 2018   Bullok turned himself into authorities. 
November 20, 2018
Bullock had his first court appearance and he was given a $500,000 signature bond and required to contact the Georgia Department of Natural Resources (EPD) within 24 hours of release and immediately comply with any recommendations given.
November 27, 2018 EMSL Lab analysis conducted
November 28, 2018 City of South Fulton Fire and Code Enforcement officials, representatives from the Attorney General’s Office, EPD, and the Georgia Forestry met with Mr. Tandy R. Bullock and his attorney. The meeting was to address concerns and present solutions regarding the ongoing fire and smoke issue at the property.
November 29, 2018 The Administrative Order became final by operation of law after Respondent chose not to petition for an administrative hearing.
December 5, 2018 Bullock Plea and arraignment date; motion to consolidate by COSF; extinguish plan created
December 6, 2018 D case continuance
December 6, 2018
Bullock was detained in the City Municipal Court for failing to comply with bond conditions requiring that he take necessary actions, as recommended by the Environmental Protection Division (EPD) to address this urgent situation.  These actions include commencing work immediately with qualified professionals to extinguish the fire and mitigate any potential erosion impacts to neighboring properties.
December 11, 2018 The Court issued an Order and Judgement requiring Mr. Bullock to take all appropriate measures necessary to extinguish the fire, but the fire continues to burn, despite the fire starting in September 2018, the Director executing the Administrative Order in October 2018, This Court's Order and Judgment also requires Respondent to submit a CAP that meets the requirements laid out in the Administrative Order
December 12, 2018
The Department of Law sent a demand letter directing the Respondent to comply with the Court's Order and Judgment. Specifically, the letter demanded that Respondent: (1) immediately cease receiving, bringing, authorizing, or allowing to be deposited solid waste on the property; (2) immediately take all appropriate measures necessary to safely extinguish all burning material at the property; (3) provide EPD with updates every Tuesday and Friday regarding Respondent's firefighting efforts; and 
(4) submit a CAP by December 20, 2018, and make any necessary corrections within 5 business days of EPD's providing notice of any deficiencies in the CAP
December 12, 2018
Bullock appeared to re-address bond. The City Solicitor presented to the court an order and judgement from Fulton County Superior Court based on the AG filing in the Bullock/Bishop Rd. matter. Judge Sellers re-entered the signature bond of $500,000 allowing Mr. Bullock out of jail to comply with the order issued by Superior Court.  The conditions presented in the order were read on the record to Bullock and there was no objection by his attorneys. 
December 12, 2018 Bullock released from jail
December 18, 2018 EPD and the Department of Law met with Bullock and his counsel, at which time Respondent informed EPD that he had retained a retired firefighter to assist him in putting out the fire at the property
December 20, 2018 Bullock submitted a proposed CAP in the name of B&B Construction Processing LLC
December 28, 2018 Bullock submitted an update on his firefighting efforts, stating that he had applied foam "on areas of vaporization" and that "the major areas of vaporization are out."
January 2, 2019 Bullock case reset; Bullock counsel attempted to withdraw agreement to consolidate the cases and plead not guilty to the burning charges and demanded a jury trial and requested a BO to Fulton County State Court
January 2, 2018 EPD conducted a site visit at the property and documented that the pile of illegally dumped solid waste still was on fire
January 3, 2018 Bullock submitted an update on his firefighting efforts, stating that rain had prohibited him from working on the fire from December 28, 2018 through January 2, 2018.  Respondent also  requested  a meeting with EPD to discuss the CAP review comments
January 3, 2018 Department of Law wrote Bullock's counsel, explaining that his firefighting updates needed to include greater narrative description of his actions and informing Bullock that he could submit written questions regarding the CAP review comments and that his time to submit a revised CAP was extended until January 8, 2019 to provide time for such questions
January 8, 2019 EPD met with Bullock to discuss problems with the revised CAP, provided written comments regarding the revisions necessary for EPD to approve a CAP, and provided Respondent until January 15, 2019 to make such revisions 
January 15, 2019 EPD conducted a site visit at the property and documented that the pile still was emitting smoke and that there did not appear  to be any firefighting activity or personnel at the property
January 15, 2019
Bullock submitted a third proposed CAP to EPD, still not in his own name
January 16, 2019 Bullock provided an update on his firefighting efforts, stating that his crew worked from January 9 through 11, 2019 but had been unable to work since that time due to rain
January 18, 2019 EPD conducted a site visit at the property and documented that the pile still was emitting smoke and that no one appeared to be working on the property.
January 18, 2019 EPD sent Bullock a comment letter noting deficiencies in his third proposed CAP and providing him until January 24, 2019 to provide a corrected, final CAP
January 19, 2019 Bullock provided an update on his firefighting efforts in which he contended that the fire was out, but that the pile was emitting "fog and/or vapor mist" due to recent rain. He nevertheless stated that his crew would continue to work but was waiting for "workable conditions" because the recent rains had made it unsafe to work at the property
January 22, 2019 EPD conducted a site visit and determined that the property still was on fire
January 23, 2019 Bullock provided an update of his firefighting activities, explaining that January 21 was a holiday and was too cold to operate his machinery, January 22 was too cold to operate his machinery, but that his crew worked on January 23, although he did not explain what specific actions his crew took
January 24, 2019 Bullock submitted a revised CAP, but it was not in his own name
January 31, 2019 The City of South Fulton Mayor William "Bill" Edwards and District 4 Councilwoman Naeema Gilyard met with South Fulton House Delegation Representatives Debra Bazemore, Roger Bruce and Sharon Beasley Teague, the Georgia Dept. of Natural Resources, Georgia Environmental Protection Division and the Georgia Attorney General’s Office to further discuss emergency abatement efforts at the landfill 
February 11, 2019
EPD conducted a site visit at the burning landfill at  7635 Bishop Road oalong with City of South Fulton Fire Chief Few, Deputy Fire Chief Butler and landfill operator experts.  Based on site conditions it was determined that application of more clean soil to the site (which EPD raised as a potential course of action when we met with the South Fulton State representatives last week) will not abate the smoke.  The tentative plan will involve EPD hiring a contractor who will use an extra tall excavator to pull apart the waste and separate it into burning material and non-burning material. EPD has already opened bids for the job and will request that Board of Natural Resources (BNR)  approve an amendment to SWTF spend plan in an amount sufficient to cover the contract based on the bids it receives
February 13, 2019
Bullock was taken into custody for violating the Municipal Court’s order to take all measures to extinguish the fire.  Evidence was presented from EPD officials and Bullock himself.  During the motion hearing, the defendant requested that his case be bound over to the State Court of Fulton County. The court granted the order and the defendant was  transferred to the Rice Street Jail  
February 15, 2019 Board of Natural Resources (BNR) approved funding for the contractor to extinguish the fire 
March 8, 2019 EPD hearing to encourage the court to find Bullock in contempt of Court. Bullock was not found in contempt of court. 
March 27, 2019 EPD Hearing where Superior Court Judge gave Mr. Bullock through May 20, 2019 to extinguish the fire.