San Diego Region - Order No. 96-61

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION

ORDER 99-61

FOR
THE REFERRAL OF

INTERNATIONAL BOUNDARY AND WATER COMMISSION
U.S. SECTION

TO THE ATTORNEY GENERAL

The California Regional Water Quality Control Board, San Diego Region (hereinafter Regional Board) finds that:

  1. The International Boundary and Water Commission, U.S. Section (IBWC) receives untreated sewage from Tijuana for treatment at the International Wastewater Treatment Plant (IWTP) and discharges 25 million gallons per day to the Pacific Ocean through the South Bay Ocean Outfall.

  2. IBWC is required by Order No. 96-50 of the Regional Board, NPDES Permit No. CA0108928, Waste Discharge Requirements for the International Boundary and Water Commission, U.S. Section, International Wastewater Treatment Plant Discharge to the Pacific Ocean through the South Bay Ocean Outfall, San Diego County, to provide secondary treatment for the sewage from Tijuana.

  3. IBWC does not have facilities capable of providing secondary treatment at the IWTP; IBWC provides only advanced primary treatment to the sewage from Tijuana.

  4. IBWC's discharges from the IWTP are in violation of effluent limits in Order No. 96-50.

  5. Cease and Desist Order No. 96-52, International Boundary and Water Commission U.S. Section, International Wastewater Treatment Plant, South Bay Ocean Out Fall, San Diego County as amended, requires IBWC to terminate its discharges of effluent that violate limits in Order No. 96-50 by providing secondary treatment according to the time schedule submitted and twice revised, by IBWC. Cease and Desist Order No. 96-52 required IBWC to select, by May 1, 1999, a means to achieve secondary treatment by signing a Record of Decision (ROD). The May 1, 1999, ROD was required for IBWC to achieve compliance with secondary treatment requirements of Order No. 96-50 by December 31, 2000 as directed in Cease and Desist Order No. 96-52.

  6. IBWC failed to achieve a Record of Decision by May 1, 1999, in violation of Cease and Desist Order No. 96-52.

  7. The failure of IBWC to achieve a ROD by May 1, 1999, precludes IBWC from achieving compliance with requirements of 96-50 by December 31, 2000, as required by Cease and Desist Order No. 96-52.

  8. IBWC will continue to discharge in violation of Order No. 96-50 until IBWC provides facilities for, and achieves, secondary treatment at the IWTP.

IT IS HEREBY ORDERED THAT:

  1. The Regional Board Executive Officer shall request that the Attorney General to seek appropriate judicial enforcement action for failure of IBWC to comply with Cease and Desist Order No. 96-52 and its threatened failure to achieve compliance with Order No. 96-50 by the deadline in Cease and Desist Order No. 96-52, and to compel IBWC to comply with Cease and Desist Order No. 96-52 as soon as reasonably practicable.

I, John H. Robertus, Executive Officer, do hereby certify the foregoing is a full, true and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Diego Region, on August 11, 1999.

ORIGINAL SIGNED BY
John H. Robertus
Executive Officer