I spent a better part of two days this past week exploring Hinkley, California, trying to get a feel for the community and those who live there. It seems to be an area without definition and little has been written about it, which left me with a lot to learn.
What brought me to Hinkley was research on Nursery Products LLC, a company specializing in organic fertilizer, which is created by combining biosolids and green waste. The company has been going through the permitting process for several years so that it can open a facility in the middle of uninhabited desert 8 miles west of Hinkley. See map:
Several residents of Hinkley have been fighting Nursery Products’ plans for the site in an attempt to keep the company out of the area. I wanted to see for myself if their concerns and claims are valid.
Hinkley, California is a community located in the Mojave Desert, 14 miles west of Barstow, California, and is best known as the setting for the movie released in 2000 Erin Brockovich. The community is not officially recognized by the United States, although it does have its own zip code. Its boundaries are not marked so I had to guess. I spent a great deal of time riding up and down every street from Old Highway 58 through the end of Santa Fe on the north side of Highway 58 and Lenwood Road to Helendale Road on the south side of Highway 58. I don’t think I missed a street in between.
It appears Hinkley has seen better times. A large percentage of its homes are boarded up, sprayed with graffiti, and in disrepair. Most of their businesses are shuttered as well. Much of the area is in need of renovation and rehabilitation although the southeast side does have some new construction and well kept up homes.
Like many rural areas, I suspect the residents enjoy the lifestyle they have created for themselves. At the same time, it is hard to believe they enjoy the blight left behind by those who packed up and moved on, leaving their properties to the whims of Mother Nature, vandals, and age.
There are virtually no businesses, or jobs, in Hinkley, except for dairy farms and alfalfa crops and a few other agricultural enterprises. On the edge of town there is a massive recycler/auto dismantler located right on Highway 58. The place is a disaster and an eyesore. I am amazed county Code Enforcement allows something that appears to be so much of a health hazard to Hinkley’s citizens.
Commercial buildings consist of a small store/gas station, elementary school, fire station, research center, senior citizens’ center, PG&E, a couple of churches, and several possible stores/cafes. I could not tell if they are officially part of the community or not. The community is sparsely populated and spread out over quite a few square miles.
Because dairy farms and alfalfa crops are Hinkley’s most significant enterprise, and there are also a lot of horses and other livestock, one of the concerns about Nursery Products—odor—is a bit confounding. Hinkley already smells bad and flies are everywhere.
Honestly, I’m having a hard time understanding how a facility located 8 miles away is going to make things worse. And that is indicative of the situation at hand. The facility 8 miles away is NOT the real problem in Hinkley.
It would seem that a community as impoverished as Hinkley appears to be would welcome industry, especially industry that will not impact the community negatively and has the potential to employ residents and bring business to the town. But Hinkley has not welcomed Nursery Products; rather it has placed every conceivable obstacle in its way to keep it from opening. The question is why. The answer is financial gain by a few.
Nursery Products LLC will provide a place for all local jurisdictions to dispose of biosolids, saving them money. Its nearest competitor, McCarthy Farms/Liberty Energy, is located in Bakersfield. Liberty charges $70 per truck load of biosolids. Nursery Products will be able to provide the same service for $40 a truck load. Needless to say, the loss in revenue to Liberty will be substantial.
Liberty has bankrolled an individual by the name of Norman Diaz to lead the fight against the high desert facility. Mr. Diaz has proven to have issues with the truth and has used tactics based on fantasy rather than scientific fact to scare the residents of Hinkley into believing that Nursery Products will victimize them the same way PG&E did in the 1960s through 1990s.
Diaz formed an organization called HelpHinkley.org, which claims to be a non-profit organization involved in fundraising to promote their causes. However, we have been unable to locate any confirmation that 503(c) has been established to accept the donations Diaz collects. As a matter of fact, it has been discovered that he has a bank account in Venice, California with $85,000 on deposit, yet he has no visible means of income except for donations collected by this “nonprofit.”
Diaz and HelpHinkley make a lot claims simply not validated by facts. His website offers innuendo but no proof of what he claims. He aligns himself with some of the desert’s most stellar individuals such as ET Snell by adding a link to HelpHinkley to ET’s “Recall Brad Mitzelfelt” website. Considering ET’s most well-known interests, I wonder if ET is aware of Diaz’s propencity for photographing children without parental consent.

Another dairy farm situated across from the Hinkley store (above) and just down the street from the Hinkley Elementary School
It is unfortunate that the citizens of Hinkley have become a pawn yet again of those with nefarious intent. Nursery Products will be opening their facility later this year and Hinkley residents will finally learn that the “sky is falling” claims of Diaz and others left them victimized once more. Nursery Products plans to be a good, albeit distant, neighbor and Hinkley will discover their fears to be unsubstantiated. Shame on those who profited from this charade.













Looks like Brad needs to get the area some economic stimulus through redevelopment (in the desert); instead of that, looks like a perfect place for a biosolids/ green waste facility. Isn’t the whole town radioactive anyway? Sharon, I hope you were wearing your HazMat suit during your tour(just joking)o:
The philosopher Pascal once wrote (I am paraphrasing) you can tell the measure of the man by what he accuses you of doing. This quote was running through my head while I was reading your pieces on the proposed sewage sludge dump. You accuse HelpHinkley of being tools of nefarious outside forces while proving yourself a tool of Nurser Products.
A few points about your story.
Why no mention of Adelanto? Does Nursery Products want to erase the memory of all the complaints, flies and court ordered evictions from the record?
How much independent research have you done on the situation? I noticed in the first part you couldn’t even be bothered to publish your own pictures and used pictures from Nursery Products website. What else did you use form Nursery Products, facts maybe?
Why didn’t you mention the fact, written in the EIR, that Nursery Products would only have 8-12 employees and most of them have already hired.
One thing you got right is Norm Diaz is a right villain. I mean how dare he coach a local soccer team so his boys can play. How dare he coach basketball? How dare he live on a ranch that his family has owned since the 1920s. How dare Norm work with Mitzlefelt to get playground equipment for the kids of Hinkley. I am surprised the people of Hinkley doesn’t run the guy out of town on a rail.
Here is a clue for your next expose the true people behind the HelpHinkley Cabal: A Wal Mart associate, a group of church ladies, one local lawyer, a library page/historian {that’s me}, the Barstow City Council, The Community Services Districts of Dagget, Yermo and Newberry Springs {who also drove out Nursery Products), The Barstow School District and hundreds of other people of all stripes of political persuasion and belief.
Everything HelpHinkley says is backed up by past studies and paperwork we all have records stashed away in our homes
I did enjoy your piece for two reasons one it shows that Nursery Products is getting desperate because we keep on winning and also the accusations you posit are the same old ones we have discounted year after year.
Why no mention of Adelanto? Does Nursery Products want to erase the memory of all the complaints, flies and court ordered evictions from the record?
The Adelanto story is going to be a piece of its own.
How much independent research have you done on the situation? I noticed in the first part you couldn’t even be bothered to publish your own pictures and used pictures from Nursery Products website. What else did you use form Nursery Products, facts maybe?
A lot of research. In the first piece I used one photo from the Nursery Products website because I liked theirs better than mine. All of the rest of the photos were taken by me.
Why didn’t you mention the fact, written in the EIR, that Nursery Products would only have 8-12 employees and most of them have already hired.
They are still hiring and in a town with virtually no jobs, that is 8-12 families off of welfare.
One thing you got right is Norm Diaz is a right villain. I mean how dare he coach a local soccer team so his boys can play. How dare he coach basketball? How dare he live on a ranch that his family has owned since the 1920s. How dare Norm work with Mitzlefelt to get playground equipment for the kids of Hinkley. I am surprised the people of Hinkley doesn’t run the guy out of town on a rail.
Perhaps you should do your own independent research/background check on Norm Diaz, especially if he is coaching a children’s soccer team.
Here is a clue for your next expose the true people behind the HelpHinkley Cabal: A Wal Mart associate, a group of church ladies, one local lawyer, a library page/historian {that’s me}, the Barstow City Council, The Community Services Districts of Dagget, Yermo and Newberry Springs {who also drove out Nursery Products), The Barstow School District and hundreds of other people of all stripes of political persuasion and belief.
I would say some of you are simply misinformed and others have, well, other reasons
Everything HelpHinkley says is backed up by past studies and paperwork we all have records stashed away in our homes
That’s why you lost on all but two point at the Court of Appeal? And those two points have now been recitified. The Planning Commission has approved the project and it is expected to receive board approval on July 13.
I did enjoy your piece for two reasons one it shows that Nursery Products is getting desperate because we keep on winning and also the accusations you posit are the same old ones we have discounted year after year.
We enjoy your responses because now you know what it is like to get a taste of your own medicine. Besides, our claims are backed up with independent investigation.
What better use for the high desert than a biosolid facility? And if not there, where? I hate NIMBYs. If you can’t support the hypothesis with more proof than conjecture, stay home.
When you get around to doing Adelanto I have post of the documents including the hundreds of complaints, the many infractions Nursery Products had against their Conditional Use Permit with Adelanto and the court order that shut them down for being a public nuisance. Just let me know and I will send them your way
A few more comments for you Barstow Steve Smith:
Let me tell you a little about myself. I have lived in the High Desert since October 1, 1974. I live here because I like wide open spaces, not having neighbors or streetlights or sidewalks. I love being around livestock and farms. I don’t have any really close neighbors, but of the ones I do have, several have small farms/ranches and there are several large-scale alfalfa farms near me.
There were actually a few places I saw in Hinkley I wouldn’t mind calling home, one being that dairy farm (the nice one, not the run down one).
All of that being said, 1) Hinkley is a mess! A fertilizer plant 8 miles away is the least of your worries. 2) You have a dairy farm two blocks from your elementary school. There were mountains of cow piles all over the place. 3) The flies in Hinkley are horrendous. 4) I happen to like the smell of agriculture, but for those who don’t, those dairy farms were pretty fragrant.
I’ve said many times I’m a Reagan Repbublican who happens to be a tree-hugging liberal. I would stop all off-shore drilling, not allow any more urban sprawl, do more to protect endangered species, and a heck of a lot more. I DON’T see an issue with this project. When you objectively look at all the safeguards built into to project, I think your concerns are not valid.
For the record, I happen to have a poor relationship with the First District, especially Brad. When I first heard about this project, I thought I was going to be criticizing Mitzelfelt yet again for his attitude towards the environment. But when I looked at the scientific data, rather than all the hype, I came to believe this is a good project.
It is such a great project that PBS&J, the company that did the SEIR, had to fudge the truth to get some of the data for the SEIR. Look at the public comments of the SEIR http://www.scribd.com/doc/22943237/Final-SEIR-Nursery-Products-Hawes-Composting-Facility (page 41 of the doc or 3-29)
For those who don’t want to click the link the Mojave Water Agency said the water Data in the SEIR is presented in a misleading fashion, unsubstantiated and they hint that some of the data was made up.
The planning commission approved the document despite this ( after discussing ethics training for a bit of humor)and now now we will see what the board does, not expecting a surprise.
Mr. Administrator – I hate to quote Hamlet’s mother Gertrude – but for Barstow Steve, “The lady doth protest too much, methinks”. I have taken an interest in the Nursery Products methodology as well as other environmentally sound initiatives. There are absolutely no detrimental effects on the city of Hinkley – especially 8 miles away. Scientifically speaking the entire notion regarding any detrimental outcome is fabricated and totally absurd. It’s sad to see the scare tactics being used from people that are only trying to line their pockets.
I applaud Nursery Products for their sound process. This is exactly the type of innovation that will help our country lead the way for the rest of the world as a more creative way of reusing our resources. This is the correct message.
Barstow Steve, MWA folded with their concerns about the project. Maybe a little politics going on, otherwise MWA would have stuck to their guns to protect the desert aquifer from potential contamination. It all gets down to the mitigation measures and whether they are considered economically feasible to be pursued in conjunction with the known project costs.
Steve,
Please wake up and stop writing what the sludge queen tells you to write. Fact is, barstow (you) hauls their biosolids 400 miles to a compost site that is a 1/2 mile from homes with no impact. I also applied for one of the 35 jobs at nursery products.
MWA didn’t oppose the SEIR if you would READ the final document!!
Why would the water agency oppose a site that uses the same amount of water as 2 houses? Think people. Victorville just built doctor pepper and uses 700 times more water in a day than nursery products uses all year.
Compost SAVES water and money and is good for crops. It’s also safer than chemical fertilizer. We’re talking about a recycling facility.
As was mentioned earlier, only in California would the state require recycling, then set up regulatory barriers to prevent recycling.
This project has been in the planning stages for about five years. Grant the permits and build the thing already!
I don’t know of any company hiring anyone in the High Desert this year. Open it!!!
The judge’s decision made an interesting point which touched upon the constitution’s Equal Protection clause. Why shouldn’t the sludge facility be enclosed and offer the citizens of Hinkley the same stricter environmental protections as Los Angeles and the other urban areas where much of the waste will be originating from?
Nursery Products has claimed that such stricter environmental safeguards are not financially feasible; yet, other operators around the country do find such feasible; and the EIR failed to substantiate why the stricter safeguards would not be feasible.
Nursery Products seem to be simply trying for a vast competitive edge over its competitors at the expense of the citizens of Hinkley.
If Nursery Products wanted to be a good corporate citizen, and do the right thing, it would work with its Hinkley neighbors rather than force itself upon the citizens by dirty politics.
Those crying for jobs should also understand that by enclosing the operation, the number of jobs will increase by about 6-times.
Interesting comment on your BS allegations
From: “Wilson Nolan”
Date: July 12, 2010 1:56:57 PM PDT
To: “‘D. Norman Diaz’”
Subject: RE: False stories about McCarthy
Hello Norman
I have been following your efforts in the press over the past few years. The story in the links provided is certainly amusing and makes a convincing conspiracy story. However, you should be aware our prices are about the same as what we hear Nursery Products will be charging municipal customers for composting biosolids. Accordingly, the basis for the conspiracy story does not exist. No, we have not paid you nor have we funded Center for Race Poverty and the Environment to file the CEWA lawsuit.
Regards,
. . . Wilson
Wilson E. Nolan
Chief Executive Officer
McCarthy Family Farms, Inc.
1601 Skyway Drive
Suite 205
Bakersfield, CA 93308
Cell Phone (661) 619-7320
FAX (775) 367-2731
http://www.mccarthyfarms.com
Yes, I saw the letter Steve. Note two things. 1. I never accused McCarthy Farms of funding the lawsuit. 2. McCarthy Farms has not denied giving $400,000 to the CPRE.
Administrator,
What are your sources for the discrepancy in shipping prices between McCarthy Farms and Nursery Products? According to McCarthy Farms’ CEO, the prices are “about the same.” And as far as vague and nefarious charges against Norm’s character, why don’t you stick to reporting? Oh, that’s right, absurd charges and conspiracy theories are your forte. Well, I am lucky to know Norm and his family and know that his strength and devotion to them are what drives him to fight this fight, not any bankrolling from corporations. I have seen the sacrifices that the Diazes have made to take a stand for this community’s health and safety. Please stick to the facts, not some murky distortion of them.
Dear Sharon the deceptive union mole Gilbert
.As you know I am the local clown activist in San Bernardino County. I haven’t been paid any money by any company that wants to open in our community but I was given $50 by Norm Diaz to speak in opposition at the SB County Board Of Supervisors of nursery products. Upon finishing my speech I was approached by nursery products and asked if I would keep a open mind and do some research and I agreed. I later spoke that evening at the fire house in Hinkley and promised the local residents of Hinkley that I would do some research and I have done independent research about composting and the environmental dangers and impacts and I have found that there is a need for many more compost facilities in our area and California.
In California we have laws that say we must recycle (AB939) and yet there are very few facilities to recycle our organics (biosolids/food waste/yard clippings) so most go to the landfill. We don’t want more landfills. The inland empire generates about 500,000 tons or about 1 billion pounds of biosolids each year. Much of this material is hauled to Arizona or the Central Valley to be open air composted or used on farms as fertilizer. Why should we drive the material so far and have all those emissions from the heavy duty trucks. Hauling the material a shorter distance means it is cheaper and fewer emissions. As an example, the City of Barstow hauls 100,000 pounds (50 tons) of biosolids per week to northern Kern County to a huge open air compost facility. This facility is twice the size of the proposed Nursery Products facility and doesn’t impact the community that is closer than Hinkley to Nursery Products. Why does Barstow dump their biosolids on another community and truck it so far? Because they have no close options even though it would save them a ton of money. The tax payer is paying the bill here for disposal or recycle of biosolids. The more it costs to dispose of the biosolids the higher our bills.
There are over 100 open air compost facilities in California and all are closer to communities than the proposed Nursery Products site. You can find them all at this link and search by county http://www.calrecycle.ca.gov/SWFacilities/Directory/Search.aspx. No one around my house in Apple Valley/Victorville knows that there is an open air compost facility in Victorville that is huge (255,000 tons per year) within miles of them and one of the largest wastewater treatment plants near them too. No one knows because they aren’t impacted even though thousands of people are within a mile or two. I have also researched other operations and there is not a pattern of sick workers anywhere.
People like to scare others about biosolids it’s called Poop madness and they say that it has bad contaminants but I have found that biosolids is one of the most studied materials at EPA and they continue to study it today. In fact most biosolids in the country are taken to farms and used as fertilizer. The composting process only makes the material safer and then can be sold in stores as a bagged product. EPA, the California EPA, California Water board and many other agencies study biosolids and biosolids composting and have decided it is safe and add fully regulate these facilities through the permitting process and visit the sites each month to make sure it is safe. Call your local regulator and ask them. California allows biosolids to be used as a fertilizer on farms and composting is a better option than that. http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2004/wqo/wqo2004-0012.pdf
There are thousands of studies that show biosolids is safe and here is a link to a few of them http://www.wef.org/PublicInformation/page.aspx?id=687 & http://www.biosolids.org/index.asp. Biosolids composting and wastewater plants have been operating for a long time with no health risk to the public and they are a huge benefit to the public. The nursery products facility will be the most remote compost site or wastewater plant in California out of over 500 facilities because it is 8 miles from town. What about the wastewater plant in downtown Barstow or the wastewater plant and compost site in downtown Victorville. If they don’t have an impact in Victorville how will a compost site 8 miles from people be effected
I am concerned more about dairy farms in Hinkley area or other polluting facilities. Go to this link. These facilities are much worse than any compost facility. There are salts and nitrogen coming from these facilities for years and no regulation.
http://www.waterboards.ca.gov/lahontan/board_info/agenda/2010/may/dairy_strat.pdf
ET Snell
Clown Community Activist
Clown On The Town.com
County Land Use Services is the problem, they don’t know how to process a “bulletproof” CEQA or NEPA EIR/EIS, much less even an adequate one that can withstand any kind of legitimate challenge. The County has wasted tons of the developer’s time and money due entirely to the willful negligence and incompetence of staff in trying to cut corners. The project would have already been approved and built years ago if the County could do a reasonable job with its land use planning, but they have proven time and time again, they are incapable of reason and finesse operating the most corrupt county this side of the Mississippi.
USEPA
Ms. Donna Downing, Office of Water (4502-T),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.
Washington DC 20460
telephone number 202-566-1783
email address: CWAwaters@epa.gov
Comments in rebuttal to AWWA and three other water associations,
urging the US Environmental Protection Agency to include forthcoming
health effects research in the ongoing risk assessment for hexavalent
chromium. http://www.awwa.org/publications/StreamlinesArticle.cfm?itemnumber=57244
In the cumulative impacts, the People of Hinkley, California will no
longer entertain endless and ongoing procrastination strategies and
schemes, under the invoked umbrella of “science”, or otherwise in
favor of special interest, all to the detriment of the Society as a
whole.
Whereas. it is irrelevant whether the health, detection limits and the
sought revised standard will be set at (-) 0 ppb, or at (+) zillions
of ppb, whether there is zero cancer cases, or 6 billion cases in the
next millennium and whether the cost to abate Cr(VI) is at one red
penny, or at zillions of dollars (in USD), the fact remains that any
Polluter / Discharger is guilty and must bare all responsibility for
contaminating the Peoples ground drinking waters, at all costs,
regardless of stipulations.
[This is not, nor it will be the dog and pony show of British
Petroleum oil disaster, whereas the People will not rest until just
and proper is served, indefinitely].
Assemblywoman, Honorable Nora Campos, D-San Jose, introduced
legislation that would require the state Department of Public Health
to place limits on hexavalent chromium, also known as chromium 6, by
Jan. 1, 2013. If the agency does not act in time, California would
adopt a limit of 0.02 parts per billion, compared with the federal
standard of 100 parts per billion.
To alleviate Statute of Limitation issues, the People of Hinkley,
California will commence the sought litigation, thereafter September
13, 2011, invoking the Doctrine of “Exhausted Administrative Remedy”,
while the sought standard is promulgated to be issue between 18 months
and 2 and half years form July 29, 2011, or in perpetuity.
Exhibited herein below links to OEHHA and are attached heteroto for
reference http://www.oehha.ca.gov/water/phg/pdf/Cr6PHG072911.pdf
http://oehha.ca.gov/public_info/press/Chrom6_072911.html
http://www.cdph.ca.gov/certlic/drinkingwater/Pages/Chromium6timeline.aspx
Final Technical Support Document on Public Health Goal for Hexavalent
Chromium in Drinking Water
[07/29/11] posted 07/27/11 Reposted 7/29/11 with typographical errors corrected.
Link: http://www.oehha.ca.gov/water/phg/072911Cr6PHG.html
Other Matters [Infinite Just and Proper, Debuts]
“OEHHA Adopts First-in-the-Nation Public Health Goal For Hexavalent
Chromium in Drinking Water [07/27/11] By law, CDPH must set the
eventual standard as close to the PHG as economically and technically
feasible.”
Link to OEHHA: http://oehha.ca.gov/public_info/press/Chrom6_072911.html
“This final public health goal is the culmination of years of study
and research on the health effects of this chemical,” said Dr. George
Alexeeff, OEHHA’s Acting Director. “As the nation’s first official
goal for this contaminant, it will be an important tool that the
Department of Public Health will use to develop a regulatory standard
that will protect Californians from the health risks of chromium 6 in
drinking water.”
“Adoption of the PHG is an important step in the process of ensuring
high-quality drinking water for Californians,” said Dr. Alexeeff “ The
PHG reflects the most recent and definitive scientific research and
demonstrates OEHHA’s commitment to fully assessing the health risks of
hexavalent chromium.”
WHEREAS, the People of Hinkley, County of San Bernardino, State of
California, thereafter response received from OEHHA as sought by:
http://www.swrcb.ca.gov/rwqcb6/water_issues/projects/pge/docs/oehhamemo071911.pdf
will seek in the California State Superior Court and in the Federal
District Court the infinite just and proper, commencing September 13,
2011, demanding the followings:
Protocols:
[1] Health risk threshold of Cr(VI) in drinking water at 0.02 ppb;
[2] Detection threshold of Cr(VI) in drinking water at between 0.06
ppb and not to exceed 1.00 ppb; and
[3] Amend California Safe Drinking Water Act for Cr(VI) in drinking
waters, by invoking the Regulatory enforcement threshold standard of
not to exceed 1.19 ppb. (ppb implies “parts per billion”)
Just and Proper {Aggregate Lis Pendens $———–(Withheld -Major)
(Class Action and
Specific Lawsuits) }:
A. General Damages Sustained (PG&E, Defendant)
B. Specific Damages Sustained Toxic Tort for 60 years (PG&E, Defendant)
C. Ongoing Damages for the next 40 years duration (Toxic Tort and
Lack of Whole House Water) (PG&E, Defendant)
D. Punitive Damages (PG&E, Defendant)
E. Exemplary Damages (PG&E, Defendant)
F. County of San Bernardino Assessor, Respondent [Refund of Property
Taxes (30 years of taxes)]
G. County of San Bernardino Assessor, Defendant [Intentional Tort
and Disregard of Calamity and Government Codes and Utmost Failure to
Reassess Real Property Values in the town of Hinkley, County
of San Bernardino, State of California, at Zero-Value]
H. County of San Bernardino Tax Collector, Respondent [Refund of
Property Taxes (30 years of taxes)]
I. Mojave Water Agency, Respondent [Refund of Property Taxes (A+B
Taxes) (30 years of taxes)]
J. Office of Environmental Health Hazard Assessment (OEHHA),
California Department of Public Health and U.S. EPA [Joiner] ,
Respondent [Damages Sustained thereafter September 13, 2004 for
Procrastination to Amend California Safe Drinking Water Act for Cr(VI)
in drinking waters, by invoking the Regulatory enforcement threshold
standard of not to exceed 1.19 ppb. (ppb implies “parts per billion”)
cc: News media.