CUMMING - Forsyth County will get a chance to defend its wastewater permit following a favorable ruling on its appeal from a Superior Court judge.
Judge Jeffrey S. Bagley reversed the decision of an administrative law judge and sent the matter back for review.
Forsyth County received the permit last year from the state Environmental Protection Division, allowing a discharge expansion into the Chattahoochee River. The Upper Chattahoochee Riverkeeper appealed, arguing that allowable pollutant levels were unnecessarily weak.
Judge Kristin Miller of the Office of State Administrative Hearings agreed and set revised pollutant levels for a reissuance of the permit.
Forsyth County appealed. Bagley's order says Miller could have sent the permit back to the EPD for review but should not have set the limits for phosphorous and fecal coliform.