The interview follows Arizona Gov. Katie Hobbs’ announcement on Thursday that the state land department had terminated five agricultural leases held by AgTech and related entities in Yuma County.
Q: What does the state Land Department’s decision mean for Arizona?
A: I think this was a great decision by the state Land Department. I’m proud of the people of Yuma for coming to my town hall and making it clear that the situation involving this dumping operation was unacceptable.
Biosolids originating in California were being dumped in Arizona in a way that deeply affected people in Yuma. That was unacceptable, and I’m glad the state Land Department put an end to it. It was long past time for those leases to end.
Q: What prompted the rapid response?
A: I was deeply impacted by what people shared at the town hall in Yuma. We returned and immediately launched a nuisance investigation into the situation.
That investigation is not over. We will continue it because we want to make sure the problems involving flies and fly infestations in Yuma are fully resolved.
Hopefully, the cancellation of the agricultural lease will resolve—or at least significantly reduce—the problem. But we also heard about conditions in other parts of Yuma that need to be examined to ensure they are not contributing to fly infestations.
There wasn’t a single person who came forward at the town hall who didn’t say the situation was out of control.
Q: Can AG Tech LLC continue operating on private land?
A: Any company, including AG Tech, that engages in a public nuisance can be investigated. We will work to stop it.
Whether the activity occurs on private land or state trust land, no company can create a public nuisance. Arizona law prohibits that. The Attorney General’s Office will remain vigilant about this type of dumping in Yuma.
Q: Will Arizona continue accepting biosolids or waste from California and other states?
A: I think the Legislature needs to address this during the upcoming legislative session. I do not believe Arizona should be accepting biosolids from other states.
I don’t believe California accepts this kind of dumping from other states, certainly not in this fashion. Arizona needs a statewide solution so that what happened in Yuma does not happen in other communities.
That could come through legislation or through rulemaking by state agencies. Nobody deserves fly infestations, and nobody should have biosolids dumped in or near their community in a way that creates the potential for flies or disease.
Q: How long does AG Tech have to leave the site?
A: The state Land Department would be responsible for that decision. My understanding is that AG Tech was operating under a month-to-month lease when the department took action.
I would assume the activity on state trust land needs to come to an end very soon.
Q: What responsibility will AG Tech have to the Yuma community?
A: That is one reason we are continuing the nuisance investigation. I want to make sure the location where the dumping occurred is properly remediated and covered in a way that prevents continued fly infestations.
There is also more work to be done regarding possible water contamination.
Q: What material was being dumped, and why did it require such an urgent response?
A: The material included treated sewage and human waste. It appears to have accumulated over the years, and that accumulation may have contributed to at least some of the problems.
I’m proud of the people of Yuma for not giving up on their community. They raised the issue in a way that allowed me and our team at the Attorney General’s Office to understand what was happening and take action.
Q: What do you say about the lawsuit seeking at least $300,000 from Yuma resident Tyler Woodman?
A: I think it’s outrageous, and I support Tyler. Frankly, I think he has become something of a hero in the community.
His posts were among the first things I saw. The fact that this company—or whoever is bringing the lawsuit, since I have not yet had a chance to fully review it—is taking this action is outrageous.
We are looking into it now. Ultimately, I believe whatever they are trying to do to Tyler will fail. The people of Yuma and I are grateful to him.
Q: Yuma produces a significant share of the nation’s winter vegetables. Were lettuce crops affected by the use of Class B biosolids?
A: We do not have evidence that the biosolids directly affected lettuce crops.
Yuma is an important agricultural region and a major source of vegetables and lettuce for the rest of the country. That is another reason it was important to stop this operation.
Q: Some residents are concerned that, without vegetation or ground cover, the material could dry out and become airborne. Are there plans to prevent that?
A: That is why we will continue examining the site and addressing those issues. We need to make sure the location is being properly cared for and remediated.
Q: Was there water contamination?
A: I don’t know yet. That is something I want to investigate further. Concerns about possible water contamination were raised during the town hall.
This is also the kind of issue that may require a statewide solution, including legislation addressing land use and regulations requiring groundwater testing near sites where biosolids are used or disposed of.
Q: Will you propose legislation concerning biosolids?
A: Yes. We intend to propose legislation to prevent this kind of biosolids dumping in Arizona.
We are currently developing the proposal and will work with experts and people in Yuma to craft legislation that helps ensure something like this never happens again in Arizona.
Q: Some people say the action was politically motivated because of your campaign. How do you respond?
A: This is not political. It is common sense.
My job is to continue serving as attorney general through January, regardless of what happens in the election. I’m going to continue fighting for the people of Arizona.
In this case, that meant going to Yuma, listening to residents, launching a nuisance investigation and working to make sure our communities do not suffer from fly infestations and other potential health risks.
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Stay tuned to KAWC for the latest information on biosolids in Yuma.
