Maricopa Hidalgo Precinct

Welcome to the Hidalgo Precinct Website. If you live in the 11th District, Hidalgo Precinct, Maricopa county, then this is the place for you. This site will be used for information about upcoming and current election and will cover current issues happening in the Hidalgo Precinct.

First Response 11/4/2024
Good morning,Thank you for contacting the Maricopa County Air Quality Department (MCAQD) regarding your complaint related to odors in the community.On October 24th, we joined Supervisor Steve Gallardo at the City of Phoenix’s quarterly meeting hosted by Councilmembers Washington and Galindo to address your questions related to Growers Market, located at 3100 W. Dobbins in Laveen.Maricopa County Air Quality, Environmental Services, and Planning and Development have received complaints about this facility and responded accordingly and are committed to pursuing compliance for any violations within its authority.An administrative hearing for the zoning violation (V2400054) for land use without proper zoning entitlement (for operating a commercial business, Growers Market, in rural/residential zoning) is scheduled for November 5th. The hearing officer typically makes their finding via a judgement and will not take public comment. The judgement is typically issued a week or two later and we are committed to providing you a copy once available.This letter aims to share information and answer some of the questions not addressed at the meeting.Maricopa County Air Quality Department (MCAQD) regulatory authority at this facility is limited to rules to reduce PM 10 (dust) and odors caused by hydrogen sulfide. MCAQD does not have the authority to test for any other types of chemicals/odors or to conduct health assessments. MCAQD is requiring Growers Market to obtain a general air quality permit.MCAQD has received approximately 300 odor complaints starting in July. MCAQD conducted multiple visits and inspections at various hours of the day and has been on-site for no less than 20 minutes each time. The most recent inspection took place on October 23rd. All inspections have found no violations.Maricopa County Environmental Services Department (MCESD) has received approximately 15 complaints for flies, rodents, and refuse. MCESD has completed multiple site visits, most recently on October 24th and there have been no findings of public health violations on the property. Many had concerns regarding the brewers waste and those questions may be directed to ADEQ’s Water Quality Division, Len Drago ([email protected]) or 602-771-2288.Maricopa County will have an update on the outcome of the Growers Market November 5 administrative hearing in mid-November.Thank you,
Maricopa County Logo
Yeileen Jacome
Community Liaison
Air Quality
301 W Jefferson St Phoenix, AZ 85003
O: 602-506-1813 C: 602-980-9277
E: [email protected]

Second Response 11/6/2024Good Afternoon,Thank you for your emails, complaint submissions to the Arizona Department of Environmental Quality (ADEQ) environmental complaint portal, and/or phone call(s) related to the referenced composting operation. And some of you may have received previous correspondence related to ADEQ's response to complaints.September 9, 2024 - Summary of ADEQ’s Solid Waste Inspection:ADEQ did not discover any violations of State or Federal Solid Waste regulations. Growers Market had provided a compost facility notification to operate at that location. We do not have specific composting rules for design and operation at this time. As such, they were primarily inspected for the below items, only.For more information on how ADEQ regulates composting facilities, please visit https://www.azdeq.gov/compostingSeptember 23, 2024 - Summary of ADEQ’s Groundwater Inspection:During the inspection, our senior inspector found that the facility was storing industrial brewers wastewater in a basin, which may require additional permits. While the wastewater is intended to improve soil, ADEQ advised the facility to stop storing it in this way.The facility agreed to stop accepting this brewers wastewater and agreed to take steps to address odor issues.October 31, 2024 - Summary of ADEQ’s Groundwater Follow up Inspection:Myself and our senior groundwater inspector (the same inspector who inspected the facility on September 23, 2024) were able to verify the owner discontinued the use of brewers wastewater and the liquid waste storage pit. This company action prevents the company from requiring an Aquifer Protection Program (APP) permit.Separately, I want to comment on a few specific complaint comments that could be misinterpreted and needs to be corrected in case anyone of you have seen the complaints:ADEQ received videos of a tanker draining a liquid asserting that the owner is still receiving deliveries of brewers waste. Our review of the videos do show liquid flowing from the truck, however, it was not the brewer's waste. In my follow up with our inspector, the liquid is from a beverage company that donates spent beverage liquid, a mix of various consumer products (e.g., water bottles, soda, juices, etc.) that are no longer saleable due to expired shelf life, product defects, damaged cans and plastic bottles, etc. The owner explained that this liquid is suitable for supporting the composting process.ADEQ also received excerpts from environmental regulations that reference, air, water, and waste and assumes this is under ADEQ's authority and jurisdiction to regulate this facility. This is not an accurate assumption and the following summary should help understand ADEQ's authority and jurisdiction.ADEQ’s website provides a comprehensive overview of our mission and vision and environmental programs we implement (https://azdeq.gov/). Some to mention are delegated by the Environmental Protection Agency to implement the Clean Air Act, Clean Water Act, Safe Drinking Water Act, the Resource and Conservation and Recovery Act (RCRA) to list some of the key programs. Additionally, ADEQ implements a State Groundwater Protection Program.Other Resources provided below:Water resources and supply concerns, contact the Arizona Department of Water Resources (ADWR) agency (https://www.azwater.gov/)Human health concerns, contact the Arizona Department Health Services (ADHS) agency (https://www.azdhs.gov/contact.php)Maricopa County's authority, contact Michelle Montijo at [email protected].The following is a good reference to Maricopa County’s zoning ordinance:--> MARICOPA COUNTY ZONING ORDINANCE Chapter 1 – Introductory Provisions SECTION 101. SHORT TITLE*1 This Ordinance may be cited as "The Zoning Ordinance for the Unincorporated Area of Maricopa County". https://www.maricopa.gov/DocumentCenter/View/4785/P-18---Zoning-Ordinance-PDF?bidId=)As a result of ADEQ's two inspections in September, the follow up inspection in October, and responses to your complaints, there are no plans for additional follow up or inspections regarding this facility. Consequently, we will close out your complaints.With Veterans Day coming up, we thank those who served our Country. We will follow up if there are any additional ADEQ learnings or updates to share.Thanks,
Len
Len Drago
Ombudsman / Tribal Liaison
Arizona Department of Environmental Quality
1110 W. Washington St., #160
Phoenix, AZ 85007
O: 602.771.2288 | M: 602.694.0262AZDEQ.gov

Formal Complaint 11/13/2024Contact Info
Brian Gibbs
Hidaldo Precinct Committeeman
State Elected Precinct Committeeman
[email protected]Recipient
General QuestionsMessage
Hello. My name is Brian Gibbs. I am a resident in the Hidalgo Precint and also a Precinct Committeeman. I am writing because myself and many have filed complaints to the ADEQ for air quality and nusiance from a growers market at 3100 Dobbins road. Recently we had a public hearing that found they were at fault and was in violation, but since the increase in smell has become worse as the property owner is willing to pay the daily fine. They were ordered to vacate the property but that time frame is set to March of 2025. This seems excessive, and does not immedately fix the violation. All this has done as fueled the property owner to allow the company to increase their waste and continue violating the zoning ordinace. I am writing to hopefully allow another hearing that will enforce them to stop all production. Our community shouldn't be subjected to this horrible smell, especially as the holiday season is coming up. It is unbearable to walk out side at random times of the day. Thanks!!

Formal Response to AG Office 11/22/2024Mr. Gibbs,
Thank you for contacting the Arizona Attorney General’s Office.We are sorry to hear about the situation you have described and appreciate you bringing these concerns to our attention. After discussing with our office’s Environmental Enforcement Section, we would like to inquire as to whether the complaints you referenced were filed with ADEQ or with Maricopa County, or both. It would also be very helpful if you could provide us with a copy of the order you referenced and any information (minutes, etc.) regarding the related public hearing.Thank you,
Constituent Services Staff
Arizona Attorney General Kris Mayes
Executive Office
2005 North Central Avenue
Phoenix, AZ 85004
Office: 602-542-5025
[email protected]

Lawsuit Filed 12/19/2024For Immediate Release
December 19, 2024
Jason Berry| 602-506-7232[email protected]Orange underline web
Maricopa County Files Lawsuit Against South Phoenix Mulching Operation
Maricopa County is taking legal action against a mulching operation in Laveen following new inspections that suggest they are not abiding by a judgement to cease and desist operations. The Maricopa County Board of Supervisors approved litigation against Growers Market during its December 11 formal meeting and the lawsuit was officially filed on December 18. For months, neighbors have complained about unpleasant odors coming from the site, and last month the business was found to be operating without a proper special use permit and ordered to shut down or apply for the proper use entitlement.“I coach a baseball team on a field two miles from this business and the odor is overwhelming,” said Supervisor Steve Gallardo, District 5. “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.”In September, the County notified the property owner of the zoning violation and a hearing date was set. In November, the hearing officer found the property owner responsible for operating without a proper entitlement and ordered the business to cease and desist immediately, with daily fines of $75. As part of the judgment, Growers Market is to vacate the property by March 10, 2025.However, after the November 5 hearing, the County received information from residents that operations at Growers Market were continuing and new materials were being brought onto the property.“Businesses are welcome near residential areas, but their economic endeavors shouldn’t jeopardize the quality of life of their neighbors,” added Gallardo.Additional inspections led to the Board’s action on December 11, which authorized the County Attorney’s Office to seek an injunction to enforce the zoning ordinance violation. The business does not have a special use permit to run this type of operation in a rural/residential zone.

• Read the legal filing >

Latest Update 01/09/2024South Phoenix Mulching Business to Cease Operations Following Court Settlement
Picture of person shoveling mulch
Phoenix, Ariz. (January 9, 2025) – A Laveen composting business is shutting down as a result of a lawsuit filed by the Maricopa County Board of Supervisors. The operators of Growers Market agreed to resolve the matter by consenting to the County's request that they be prohibited from operating a composting facility on the property at issue. Growers Market further consented to a list of stringent County stipulations that will put a prompt end to the business's operations and ensure the removal of the offending material."This settlement is a big win for Laveen community members," said Supervisor Steve Gallardo, District 5. "This business could have continued operating for months while we waited around for court hearings to be scheduled. Instead, we took complaints seriously, took action to hold this business responsible, and prioritized results."The settlement reduces the time the property owner has to remove all mulching material by 9 days from an early administrative order. In the earlier administrative judgment, the business was required to vacate the premises by March 10, but now, the settlement specifies that the property must be vacated by March 1.Effective immediately, no new composting material besides fuel to run the trucks and other equipment may be brought onto the property. Starting January 20, all grinding or screening of mulch material must cease and all related equipment must be removed from the property. Until the property is cleared, Growers Market is permitted to haul off remaining mulch and materials Monday though Friday between 7am and 5pm through the March 1st deadline. Growers Market must allow access to the property for regular inspections and provide weekly progress reports to the County. If Growers Market does not comply with the order, the operators will be personally liable for a penalty of $1,000 per day."Look, I support small businesses and want to see them thrive," added Gallardo. "But when their operations start to affect the health and well-being of local residents, we have to get involved and put an end to it. I'm thankful for the sense of closure this settlement provides so Laveen residents can get back to their normal lives."Inspections conducted in the last few months of 2024 led to the Board’s decision on December 11, which authorized the County Attorney’s Office to seek an injunction to enforce the zoning ordinance violation. The business still does not have the required special use permit to run a composting operation in a rural/residential zone.

• Settlement Terms

Settlement Orders
As of January 9, 2025IT IS HEREBY ORDERED granting Plaintiff’s Application for
Preliminary and Permanent Injunction. Defendants are hereby enjoined and shall adhere to the following directives:A. Defendants are prohibited from bringing any additional organic or inorganic material for use in the composting process onto the Property. The only additional material that will be brought on the Property is fuel to run the trucks and other equipment used on the Property. Defendants shall remove all mulch from the Property. For the purpose of assisting in the removing of the material from the Property only, Defendants may grind and sift the remaining material until January 20, 2025.B. Defendants shall cease grinding the existing mulch material on the Property by January 20, 2025 and will remove the grinder from the Property by that date.C. Defendants shall also cease screening any mulch on the Property by January 20, 2025 and shall remove the screening equipment from the Property by that date.D. After January 20, 2025 the only activity that will be permitted on the Property will consist of hauling off the remaining mulch and other material.E. Defendants shall remove, or cause to be removed, all mulch or mulch related material, except such necessary for dust control (no more than 3-6 inches) from the Property by March 1, 2025. Any mulch left on the Property for an anticipated tree farm will need to comply with
Maricopa County Zoning Ordinance sections 501 and 503. Defendants
cannot leave any piles of mulch on the Property.F. Defendants must continue to comply with Maricopa County Air
Quality Department’s general dust permit (Facility F051338) and ensurethat all disturbed surface areas are stabilized in compliance with Maricopa County Air Pollution Control Regulations Rule 310 Fugitive Dust from Dust-Generating Operations.G. Defendants shall conduct the operations on the Property only between the hours of 7 AM and 5 PM Monday through Friday. Defendants shall make the Property available at all times for inspection upon reasonable notice.H. Defendants shall provide a weekly progress report to the County by
email.IT IS FURTHER ORDERED that violation of this Preliminary and
Permanent Injunction shall result in a fine of $1,000 per day until compliance is achieved. Defendants will be jointly and severally liable for any fine.IT IS FURTHER ORDERED waiving the requirement of a bond pursuant to Rule 65(c)(1), Arizona Rules of Civil Procedure.IT IS FURTHER ORDERED that this Order shall become effective upon
the Clerk of the Court filing this Order.DONE IN OPEN COURT this 7th day of January, 2025.
Christopher A. Coury
Superior Court Judge

Growers Market may be causing Legionaires disease in Laveen Residents. If you are experience pneumonia and respiratory illnesses, please get checked for legionella and legionaires disease.
Compost can contain Legionella bacteria, which can cause Legionnaires' disease or Pontiac fever if inhaled:Legionnaires' disease: A severe respiratory illness that can lead to pneumonia. Symptoms include fever, muscle aches, tiredness, headache, loss of appetite, breathlessness, chest pain, and a dry cough.
Pontiac fever: A mild influenza-like illness without pneumonia.
People who work with compost, such as gardeners, horticulturalists, and nursery workers, are at a higher risk of infection.To reduce the risk of infection, you can:
- Wear a face mask and gloves
- Wash your hands thoroughly after handling compost
- Avoid touching your face while handling compost
- Wet the compost before sweeping to reduce dust in the air
- Use a mobile plant with a sealed cab to load or spread compost
- The risk of infection is higher for people who are older, smokers, or have weakened immune systems.If you are having diagnosed symptoms and you would like to consider legal action against Growers Market, please contact.[email protected]
Anthony Napolitano
Attorney Bergin, Frakes, Smalley & Oberholtzer, PLLC
4343 East Camelback Road, Suite 210
Phoenix, Arizona 85018
Direct: 602.848.5449
Cell: 310.625.2636
Fax: 602.888.7856