SAN CLEMENTE, Calif., Oct. 19, 2000—Since the construction of its South Bay Ocean Outfall off Imperial Beach, CA in 1999, the U.S. International Boundary and Water Commission (IBWC) has been in constant violation of its state permit and the U.S. Clean Water Act. On Monday, October 16, a legal settlement was reached between the Surfrider Foundation and the IBWC that should result in cleaner and safer ocean water in south San Diego County.
"This is a huge victory for the people of San Diego," said Christopher Evans, Executive Director of the Surfrider Foundation. "Our San Diego Chapter has been working on this issue for many years. This settlement is a testament to their passion and dedication to solving this water quality problem."
Both sides agreed Monday to settle Surfrider's federal lawsuit against the IBWC. As part of the settlement the IBWC, which manages and operates both the treatment plant and the outfall, promises to comply by January 22, 2003, as soon as secondary treatment facilities are built.
The settlement does allow the IBWC to apply for an extension of the 2003 deadline under certain circumstances, including lack of funding or litigation. However, if the Surfrider Foundation does not agree to an extension of the deadline, the matter will be heard by the U.S. District Court.
The agreement also calls for the IBWC to hire a neutral party to review the ocean water quality monitoring program at the outfall and evaluate the effects of the outfall's discharge on the marine environment. The IBWC will be required to report to Surfrider twice a year, beginning in 2001, on what progress has been made toward implementing secondary sewage treatment.
The Surfrider Foundation filed the lawsuit in November of 1999 because they claimed that between January 13, 1999 and September 30, 1999, the IBWC discharged 5.91 billion gallons of sewage effluent through the outfall that was not treated to secondary standards, in violation of both their National Pollutant Discharge Elimination Systems (NPDES) permit and the standards and limitations set forth in the Clean Water Act.
The outfall discharges sewage from Mexico into the ocean after it is treated at the IBWC plant in the Tijuana River Valley. The effluent has consistently failed tests for toxicity, and there have been recent indications that bacteria from the sewage is affecting offshore kelp beds.
The Surfrider Foundation is a nonprofit environmental organization dedicated to the protection and enjoyment of the world's oceans, waves and beaches, for all people, through conservation, activism, research and education (C.A.R.E.). Surfrider Foundation currently has 50 grassroots chapters and over 26,000 members in the U.S.
