10 Dec 12th-Dec 18th, 2024 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | Initially, it appeared that little could be done. Moseley said the county’s Air Quality and Planning and Development depart- ments “are continually monitoring the area now, and they haven’t found any public health or air quality violations that are within their authority.” He added that the county “can’t regulate odors caused by hydrogen sulfide.” But on Nov. 8, Harold Merkow, a hearing officer for the Maricopa County Department of Planning and Zoning, found that property owner Tymon Bolton, who leases the land to Brooks, was violating a zoning ordinance by operating the busi- ness there. “The property did not have an agriculture exemption to operate,” Merkow wrote, adding that Bolton “had not applied for or obtained a Special Use Permit” to operate the composting business. That violation resulted in an immediate $750 fine for Bolton and a $75 fine for every day the business is not in compliance. As of Dec. 2, the business was still oper- ating, which means Bolton has racked up more than $2,500 in total fines. The county gave Growers Market until March 10 to either cease operations, apply for rezoning or a special use permit, or prove that the property has obtained agricultural tax classification. “I understand that you are all eager for this business to come into compliance,” Supervisor Steve Gallardo, whose district includes Laveen, said in a press release. “Maricopa County is working diligently to address the violations and keep you all informed of the latest updates.” Bolton declined to comment when reached by Phoenix New Times. Pulling out Growers Market will leave. Brooks said the company will not put up a fight. It has stopped taking incoming composting materials and is preparing to leave the area as soon as possible. He did not say whether the business would set up shop elsewhere. But Brooks and Growers Market will be leaving less than willingly. Brooks is passionate about composting, which diverts organic matter otherwise destined for a landfill and helps recycle it for use as healthy soil, and he believes it’s an impor- tant process for creating a healthier envi- ronment. In a March interview with 12News, Brooks said Growers Market had received a $2.4 million grant for composting, though he did not specify who awarded it. Brooks also believes his business has been unfairly targeted by a community that’s whipped itself into a frenzy. He said complaints about his business reached a point of hysteria among residents, with some claiming dead bodies and burning fires are on the property. Brooks said the Maricopa County Sheriff’s Office and regulators found those conspiracy theories to be false. “Then I get four people, other neigh- bors, who say, ‘We don’t smell anything. We care about the environment, and we think this is a travesty of justice,’” Brooks said. “I made the mistake of forwarding that to a regulator, and somehow the neighbors got a hold of it and called and threatened the lady that made that comment.” Brooks declined to share more informa- tion about the woman he said was threat- ened for supporting his business. Yes, composting stinks, but Brooks insists it smells no worse than many other odors emitted by businesses in the area. “Go by our place and smell it, and go by a landfill and smell it,” he said. “There are four other composters in town; there’s about 10 dairies in the area. Go by and smell them. They all smell like Laveen, which is an ag community.” Brooks could stick it out, apply for a special use permit and make his case to the community. But if nearby residents feel his business has poisoned the air, Brooks says they’ve poisoned the discourse about it. He doesn’t foresee upset residents ever halting their effort to shut him down, even if he had a proper permit. “I don’t have any faith,” he said, “that I’ll be heard.” Maricopa County Supervisor Steve Gallardo, whose district contains Growers Market, told residents in a press release that the county “is working diligently to address the violations.” (Courtesty of Win McNamee/Getty Images) Raising a Stink from p 9
