Local farmers, businesses and homeowners in Yuma County have been raising concerns over the use of treated sewage as fertilizer on state-leased land. Now, Gov. Katie Hobbs announced that the state has terminated its contract with the company responsible.
AgTech LLC began leasing state land in 2002. The company spreads, injects and applies treated sewage — commonly referred to as biosolids — at a commercial scale on Arizona State Trust Land.
Residents and business owners in Yuma County have long complained of overwhelming odors, severe fly infestations, and the spread of dust and debris from the use of biosolids.
An inspection by the state Land Department found AgTech was not in compliance with its leases, and the Land commissioner determined it would not be in the best interest of the State Land Trust to continue those contracts.
AgTech statement on the termination of its Yuma County state land leases
“Legal counsel is reviewing the materials to prepare the appeal and pursue other available legal actions. A quick read of the renewal denial letters shows that the Arizona State Land Department has violated the due process provisions of its own leases and the statutory protections granted under the Regulatory Bill of Rights.
The State's actions are disappointing given these protected rights. Unfortunately, facts are taking a back seat as early voting is just around the corner. The facts are these: State Land issued no prior allegations of noncompliance before the denial letter, as required by the lease and state law. ADEQ has not identified any compliance concerns with the permit, including the application rate, nor has ADEQ alleged any nuisance, environmental, or other concerns.
These unlawful actions establish a slippery slope that should worry all Arizona farmers and Arizona businesses. Denying government approvals without substantiated facts or specific statutory authority is problematic.
Political games have real-world impacts. These unsubstantiated actions raise concerns about the status of nearly a hundred jobs and the families they support, in a county that leads the state in unemployment by as much as three times the state average.
Additionally, if not reversed, costs for Arizonans will increase. Alternatives to biosolids land application has a documented cost of as much as 2 to 5 times more, which ultimately will be passed on to residents and ratepayers.
Furthermore, if these decisions stand, there will be negative environmental impacts. Land application of biosolids is not a fringe or experimental practice; roughly 60% of the biosolids generated nationally are recycled as an agricultural amendment in 48 states. Arizona is one of only nine states the EPA trusts to independently administer this federal program, a fact that reflects a mature, functioning regulatory relationship, not the absence of oversight. As noted by the U.S. Environmental Protection Agency, land application of biosolids “can have environmental benefits including improved soil health, carbon sequestration, and reduced demand on non-renewable resources like phosphorus,” and also “generates reduced emissions of greenhouse gases compared to other management practices.”
To our employees, we value you and are committed to doing all we can to ensure your jobs are safe today, tomorrow and well into the future. To our customers, rest assured that we will continue to provide you with the safe and reliable service you expect while we work through this unfortunate, and frankly, outrageous development; and to fellow members of the agricultural community, we appreciate your support, and we are committed to using our resources not only for our own protection, but yours as well.”-
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