Judge: Compost facility needs further environmental review

This is an updated version of a story posted Friday afternoon.

BARSTOW — A judge’s ruling issued Friday found portions of the environmental review of a contested composting facility to be built near Hinkley will have to be redone before development proceeds.

The ruling by Barstow Superior Court Judge John Vander Feer set aside the county’s certification of the Environmental Impact Report of the Hawes Composting facility to be built by Nursery Products LLC. The proposed facility would ferment waste, including human waste, to form compost.

Attorneys representing Hinkley residents that oppose the facility challenged the County of San Bernardino’s environmental review of the proposed composting site. They alleged the review failed to adequately address the facility’s potential impact on wildlife, water and air quality.
Additionally, the attorneys alleged that the size of the facility’s planned operation violated the California Environmental Quality Act and that the environmental review failed to evaluate determine whether enclosing the composting site was economically feasible.

Judge Vander Feer reviewed the 15,232 pages of documents the parties submitted. He ruled to set aside the county’s certification of the Environmental Impact Report because the review did not assess whether enclosure was feasible and because the review did not identify the water source to be used in the project. He found that the impacts to air quality and wildlife were adequately assessed in the review and that the size of the facility does not violate California’s environmental law.

The decision reads in part:

“The County failed to properly evaluate a technological feasible mitigation measure. Its finding that that an enclosed composting facility was not economically feasible was not supported by substantial evidence or the Administrative Record.”

Shortly after the project was approved in February 2007, members of HelpHinkley.org which opposes the facility, sued Nursery Products and the county to block its development.

Norm Diaz, an activist with HelpHinkley.org, said the group’s members are pleased with the decision.

“I think our concerns were validated,” he said. “I think (county supervisor Brad) Mitzelfelt and (former county supervisor Bill) Postmus and the county should have never approved this project and the judge sided with us.”

Diaz said he hopes that Vander Feer’s decision will prompt the Mojave Desert Air Quality Management District to approve a rule requiring that compost facilities within the county are enclosed.

Ingrid Brostrom, an attorney with the center for Race, Poverty and the Environment, which represents Hikley residents, applauded the decision.
“Of course we are happy about the decision and we are encouraged that the judge saw matters our way,” she said. “Clearly we hope that when the county does its further analysis they will realize that an enclosed facility is feasible and is the best route to take.”

David Wert, spokesman for the County of San Bernardino, said that county officials were pleased that the judge found the environmental review to be properly done in three out of the five issues raised.

“The county feels that except for a couple of minor issues the Board of Supervisors decision (to allow the composting facility) was upheld,” he said. “The county doesn’t believe it made a mistake in the EIR or did anything insufficient but we have the judge’s ruling and we’ll move forward from here.”

Nursery Products’ director of operations, Chris Seney, said Vander Feer’s ruling may delay the project but the company plans to proceed developing the compost site.

“Nursery Products will still push ahead; this will not change plans in any way,” he said. “We respect the court’s decision and we’ll do that additional work if necessary.”

He said the company has heard from several organizations and agencies that are looking for an closer outlet to dispose of their biosolids and are waiting for the Hawes facility to open.

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