Published December 19, 2024, 7:48 PM MST
LAVEEN, Ariz. - Maricopa County is doing everything it can to stop a composting facility in Laveen from continuing its illegal operation. A lawsuit was filed against the business known as Arizona Green Guys or Growers Market for violating a zoning ordinance. Not only does the county want this business gone, so do the residents. From a neighbor's yard just feet away from the composting site, the aroma overwhelms the senses. A foul odor coming from AZ Green Guys can be smelled within a mile radius or more. "The most rotten fermented trash," is how one neighbor, Kayla Parra, describes it. "Sewage, it's just rotten stench. It's horrible," says another, Christie. "I think my daughter said it best. She called it a decomposing site. It smells like rotting food," said Amy Swartz. It's been especially difficult to breathe for homeowners who share a fence line with the composting facility. We asked one neighbor what it's like to live next to the site. "A nightmare. A nightmare, to us and all the neighbors here," said Maria Rosario Gallegos. "Almost like you mix a bunch of chemicals together with dirt," said Timothy Hicks.
Within the last 6 months, Maricopa County has received over 700 complaints about the foul odor coming from the facility near Dobson and 27th Avenue in Laveen. Digging deeper, officials looked into the business and learned there was a zoning violation. The composting business is in a residential district. Brooks was notified of the zoning violation in September. "They have been told they need to stop. There is no if's, and's, or but's. It is unconscionable what they're doing. The people there in Laveen have been suffering for months because of this particular owner who doesn't even live in the area," Maricopa County Supervisor Steve Gallardo said.
Watch FOX 10 Phoenix live: On November 5th, there was a hearing involving the owner of the composting business, Neal Brooks, and the property owner, Tymon Bolton. Brooks defended his business while the hearing officer reiterated he is violating a zoning ordinance. "We went out, spent $2,000 on this compound that claims that it will eliminate all the smell. So everything we can do to be good neighbors to comply, we've done and we've done it rapidly," said Brooks. The business was ordered to cease and desist immediately or face a $750 non-compliance fine and a daily $75 non-compliance fine. The business was also ordered to vacate the property by March 10. After that hearing, neighbors witnessed mulch material still being dumped on the property and continued to see the business operating as usual. "As you can see, they're not ceasing or desisting," Gallegos said. This has caused health concerns for residents breathing in the foul odor daily. "When I walk out in the morning, I just want to puke from the smell that hits," Timothy Hicks. "I got a really, really strong infection. My face was red, full of pimples," said Gallegos. Unknown health conditions are popping up for Laveen residents who believe the toxic odor they've been breathing in is playing a part. "We started opening our windows and doors and being outside more. Suddenly, our son got sick. He's been sick for two months now and we can't get control of it. He suddenly has asthma. He was a perfectly healthy 6-year-old little boy," Swartz said. "He's, you're not the one that's up all night in the ER's. You're not having to stay up all night in a hospital with a little girl who can't breathe on her own. For the sake of her health and the health of our community, I really wish you'd just go," said Parra.
On AZGreenGuys.com, the site says they're moving and that they will be scaling down operations. "We still see trucks going in all the time. You can see over our fence, they're running equipment on the weekends," Hicks said. We've reached out to Brooks to find out when he plans to move and the only response we get reads: "Moving ASAP." This lawsuit is Maricopa County's most recent attempt to shut down the composting facility as soon as possible. "I'm not going to stand by and let this guy operate and just turn a blind eye to a hearing officer's order or try to ignore county policy," said Gallardo. We have yet to get a response from the defendants listed on the lawsuit. Residents say they won't breathe a sigh of relief until they can breathe fresh air. "It's affecting quality of life, ability to live in our community and enjoy the outside space that we have here," said Christie. It has been a months-long battle for residents. All requests to interview Brooks have been denied.
The Source: Information for this story was gathered by FOX 10 Reporter Lindsey Ragas.
Legal action and ongoing investigation
LAVEEN VILLAGE, AZ (AZFamily) - Maricopa County has taken legal action against a composting business in Laveen that’s been the focus of numerous complaints about a bad smell. On Thursday, the county announced that a lawsuit has been filed against Growers Market, also known as Arizona Green Guys, for failing to cease operations as previously ordered at the site near 35th Avenue and Dobbins Road. “Businesses are welcome near residential areas, but their economic endeavors shouldn’t jeopardize the quality of life of their neighbors,” Maricopa County Supervisor Steve Gallardo (D-District 5) said in a press release. Following dozens of complaints from area residents about a foul odor, the county says the site was inspected and found to be operating without a proper special use permit. The business was notified of the zoning violation in September, and a hearing date was set. During last month’s hearing, the county determined that the business was “operating without a proper entitlement” and was ordered to cease operations or face daily fines of $75. The company was also ordered to vacate the property by March 10, 2025. "I coach a baseball team on a field two miles from this business and the odor is overwhelming,” Gallardo added. “The County received hundreds of complaints and inspected the property many times. It is time for the business to wrap up and move to a more appropriate area.” The company later posted a message on the Arizona Green Guys homepage: “We’re moving... We are grateful to the Laveen community for being home to our first site. As we prepare for our upcoming move, we will be dramatically scaling down operations at our Dobbins facility. We’re sad to slow our efforts to divert green waste from Phoenix landfills, but we’ll be back soon. Stay tuned for updates on our new location!" However, the county says it has received recent reports from area residents that operations were ongoing and new materials were still being delivered to the property. Following additional inspections, the Maricopa County Board of Supervisors approved litigation against the company on Dec. 11, and the lawsuit was filed a week later. The Maricopa County Attorney’s Office will also seek an injunction to enforce the zoning ordinance violation.
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