Environmental groups threatening to sue over South Bay sewage spill
SAN DIEGO — San Diego environmental groups are threatening a lawsuit against the federal commission that regulates water infrastructure along the U.S.-Mexico border over the ongoing spill of sewage that has hobbled access to the region’s southernmost beaches for years.
San Diego Coastkeeper and the Coastal Environmental Rights Foundation (CERF) announced their intention to sue the International Boundary and Water Commission (IBWC) over what they say are “hundreds of violations” of federal law in a 24-page letter sent to the agency on Thursday.
These alleged violations stem from failing infrastructure at a sewage treatment facility near the border that has contributed to the “chronic” discharge of waste into the Tijuana River. Since the 1990s, the groups estimate that billions of gallons of waste have flowed to the Pacific Ocean through releases from this facility and another in Tijuana.
Lifeguards prepare for high surf at local beaches
The sewage has “overwhelmed” coastal marine waters, leading to prolonged beach closures in Imperial Beach and Coronado, reports of Shigella and E. coli infections among beachgoers, and hits to local economic development.
“The people of the South Bay have suffered the failure of governmental leadership at all levels for far too long,” Marco Gonzalez, executive director of CERF, said in a statement. “Like these impacted communities, CERF is tired of waiting for officials to step up and finally address this decades old problem. Without citizen enforcement, it’s clear nothing will change.”
The two groups previously sued IBWC in 2022 for its pollution of the Tijuana Estuary and Pacific Ocean from its treatment plant located near the port of San Ysidro. The lawsuit ended in a settlement that opened up about $300 million in funding from the Environmental Protection Agency to modernize and expand the facility.
However, according to CERF and Coastkeeper, IBWC later acknowledged that the plant needed at least $150 million in repairs just to bring it back into basic working condition, while the expansion to accommodate future needs would cost upwards of $1 billion.
Since the settlement, the environmental groups allege that the condition of the treatment plant has continued to deteriorate, leading to further discharges of harmful chemicals above the limit permitted by the site’s license that have led to unsafe bacteria levels in the Pacific Ocean.
The city of Imperial Beach has been particularly impacted by this, with its public beach having been closed for over two years.
“IBWC’s continuous discharges of sewage and toxic chemicals are threatening public health,
degrading the Tijuana estuary and … denying the people of Imperial Beach the right to live and recreate in a safe and clean environment,” Coastkeeper executive director Phillip Musegaas said in a statement.
State and federal representatives held an informational hearing earlier this month in Chula Vista to discuss the cross-border pollution after pressure from local officials, including a state of emergency declaration in San Diego County over the crisis.
Imperial Beach Mayor Paloma Aguirre said in October that Gov. Gavin Newsom also sent a letter to President Joe Biden two months prior to beseech the federal government to step up and address the issue.
“The sewage pollution is out of control, there was just a spill this week. It’s just a series of never-ending spills, and right now, it’s not just from Mexico, it’s our side of the border as well,” said Serge Dedina, the former mayor of Imperial Beach.
During the hearing earlier this month, federal officials said that some repairs are underway at the plant, adding that the Biden Administration requested an additional $310 million from Congress to go towards further repairs and maintenance. That funding has been held up in the Republican-controlled Congress with other spending bills, according to Aguirre.
Lifeguards prepare for high surf at local beaches
In the notice letter sent to IBWC Thursday, the two advocacy groups said they would follow through on filing a lawsuit in federal court if the alleged violations detailed in the letter are not fixed within 60 days.
“We are determined to hold IBWC accountable and compel action to solve this Tijuana sewage crisis once and for all,” Musegaas said.
The full letter from CoastKeeper and CERF can be viewed below. FOX 5 has reached out to IBWC for comment and is awaiting response.
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