San Diego Region - IWTP Important Dates

JUNE 26, 2014

The San Diego Water Board adopted Order No. R9-2014-0009, NPDES Permit No. CA0108928, Waste Discharge Requirements For The United States Section of the International Boundary And Water Commission, South Bay International Wastewater Treatment Plant, Discharge To The Pacific Ocean Via The South Bay Ocean Outfall.

June 20, 2013

The San Diego Water Board informed the Court that the Discharger has complied with the Court's 2004 judgment.

2010

Construction of the facility upgrade was completed in late 2010; however, consistent compliance with the NPDES Permit secondary treatment effluent limitations was not obtained until 2013.

December 6, 2004

Federal Court Sets Compliance Schedule - A federal district court judge Monday sided with the San Diego Regional Board and ordered the United States International Boundary and Water Commission to set a compliance schedule for the selection and implementation of remedies that will prevent the further discharge of untreated or partially treated waste to the Pacific Ocean.

In 2001, the Regional Water Quality Control Board sued the Commission for violations of federal and state laws pertaining to discharges of sewage at the International Wastewater Treatment Plant in San Ysidro.

The complaint alleged the Commission's discharges violated the terms of the National Pollutant Discharge Elimination System permit issued by the Regional Water Board, for failing to treat the waste to secondary standards and for violating other limitations, including toxicity standards. In December 2003, the court found that the Commission had violated state and federal law.

The new Court Order sets a compliance schedule requiring the Commission to complete environmental review documents, adopt a Record of Decision identifying how it will treat the waste, and to complete the design and construction phases of improvements to their facility, using "not later than" deadlines. The Commission must also define, track, and report its progress on design and construction phases of the project to the Regional Water Board and the Court.

The Order also requires that the Commission comply with all effluent standards and limitations contained in its NPDES permit not later than Sept. 30, 2008.

The Commission must pay attorneys' fees and costs in this case.

July 12, 2002

The California Regional Water Quality Control Board, San Diego Region (Regional Board) lodged a proposed consent decree for settlement of its lawsuit against the United States International Boundary and Water Commission. The terms of the proposed consent decree are subject to final approval by the federal government and the Regional Board after a public notice and comment period and subject to approval by the court.

Settlement terms have been proposed that would require the United States International Boundary and Water Commission to take one of the following actions on or before December 31, 2004:

(a) sign a contract to construct a secondary treatment facility with completion of construction no later than December 31, 2007; or

(b) sign a contract or enter into a written agreement for another entity, either public or private, to provide secondary treatment with initiation of secondary treatment no later than December 31, 2007; or

(c) cease violations of the applicable permit limits by some other means, including, but not limited to, redirecting some or all of the International Wastewater Treatment Plant effluent from California's waters and/or instituting a partial combination of the above option (a) and/or (b).

April 11, 2001

The application for renewal of the IWTP NDPES permit received from IBWC. State and Regional Board staff are currently reviewing the application, collecting additional data as needed from IBWC, and beginning the process of drafting a new permit.

February 15, 2001

Pursuant to Order 99-61, the California Attorney General filed suit against IBWC on behalf of the California Water Quality Control Board seeking judicial enforcement actions to compel the IBWC to comply with the NPDES permit (Order 96-50) and Cease and Desist order 96-52.

November 8, 2000

Cease and Desist Order 96-52 Addendum 3 was adopted by the Regional Board. The addendum stipulates specific penalties for failure of IBWC to complete secondary treatment facilities at the IWTP and comply with the effluent limits specified in the NPDES permit (Order 96-50) by December 31, 2000.

November 7, 2000

Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000, Title 8 of Public Law 106-457 was signed into law. The law requests that IBWC initiate negotiation with Mexico for the construction of secondary treatment facilities in Tijuana, Baja California.

December 8, 1999

The U.S. Environmental Protection Agency and the U.S. International Boundary and Water Commission today released a record of decision for secondary treatment at the South Bay International Wastewater Treatment Plant, selecting completely mixed aerated ponds at the Hofer site as the preferred treatment alternative.

November 10, 1999

Item 11 minutes of Regional Board meeting November 10, 1999

Item 11 - Status Report: International Boundary and Water Commission Presentation on IWTP Monitoring Data. Mr. Robertus explained the purpose of the status report.

Speakers included:

Dion McMicheaux, Project Manager, IBWC
Sally Spener, Public Affairs Director, IBWC, gave the status report
Charles Fisher, Environmental Protection Specialist, IBWC
James Smallwood, Powell Water Systems
Dave Francis, resident of Imperial Beach

Board Members asked questions and made comments.

Other speakers included:

Dave Schlesinger, Director, City of San Diego, Metropolitan Wastewater Department, explained toxicity. Mr. Schlesinger recommended doing pretreatment at the plant using a microbial system and electrocoagulation as an interim solution to solving the toxicity problem.

The Board said they were in support of what Mr. Schlesinger recommended.

August 12, 1999

Order 99-61, for the Referral of International Boundary and Water Commission, U.S. Section to the Attorney General, was adopted by the Regional Board at the August 11, 1999, meeting. The Regional Board has ordered the Executive Officer to request the Attorney General to seek appropriate judicial enforcement action and to compel the International Boundary and Water Commission to comply with Cease and Desist Order No. 96-52.

The Attorney General's office is currently reviewing the referral.

August 11, 1999

Item 15 minutes of Regional Board meeting August 11, 1999.
Item 15 - The Regional Board will consider a resolution requesting the State's Attorney General to take judicial enforcement against the International Boundary and Water Commission, U.S. Section (IBWC)

Mr. Robertus framed the item. Staff member Vicente Rodriguez gave the presentation.

Other speakers included:
Jane Diamond, US EPA, against the tentative resolution
Carolyn Powers, CARE, against
Diane Rose, Mayor, City of Imperial Beach, for
Patricia McCoy, Imperial Beach Council Member, for
Art Letter, Tia Juana Valley Co. Water District, against
Nick Inzunza, Tia Juana Valley Co. Water District, against
Gary Sirota, representing Agua Clara, Inc., against
Ed Kimura, Sierra Club, for
William Claycomb, Save Our Bay, Inc., for
Muriel Watson, citizen activist
Jim Peugh, San Diego Audubon Society, for
Jim Simmons, member of Agua Clara, delay action
Francisco Estrada, representing Congressman Filner, against
Greg Stein, Congressman Bilbray, against
Lori Saldana, Border Environmental Coop. Commission, for

Board Members asked questions of staff and the public and made comments.

Upon motion by Mr. Wolk, seconded by Mr. Day, and carried unanimously, tentative Order No. 99-61 was adopted.

July 13, 1999

* Notice *
On August 11, 1999, during its regularly scheduled meeting, the California Regional Water Quality Control Board – San Diego Region (Regional Board) will consider a resolution requesting the Attorney General to take judicial enforcement against the International Boundary and Water Commission, U.S. Section for violations of its waste discharge requirements adopted in Regional Board Order No. 96-50 and its Cease and Desist Order No. 96-52.

June 7, 1999

Item 13 minutes of Regional Board meeting June 7, 1999.
Item 13 - City of San Diego, IBWC Ocean Monitoring (John Robertus)

Mr. Robertus framed the item.

Other speakers included:
Dave Schlesinger, City of San Diego
Robert Ortega, International Boundary & Water Commission
Charles Fischer, International Boundary & Water Commission, gave the presentation.

Chairman Baglin asked the International Boundary & Water Commission questions about the water quality at the ocean outfall. Mr. Trimble asked about the status of the Record of Decision. Mr. Robertus said the IBWC missed the May 1 deadline for the Record of Decision so he issued them a Notice of Violation. He also said they did not ask for another extension of the date. Mr. Wolk asked the IBWC for an anticipated date as to when the Record of Decision would be brought before the Board. The IBWC could not give the Board an anticipated date.

Due to the lateness of the Record of Decision, Board Members suggested that Mr. Robertus issue an Administrative Civil Liability to the IBWC and asked that the item be brought back before the Board in August.

Other speakers (con't.)
Art Letter, Tia Juana Valley County Water District
Ed Kimura, Sierra Club
Jim Peugh, San Diego Audubon Society
Carolyn Powers, CARE
Diane Rose, Mayor, City of Imperial Beach

Staff member Vicente Rodriguez answered questions from Board Members.

Other Speakers (con't.)
Gary Sirota, Baja Agua, Agua Clara
Dave Francis, citizen of Imperial Beach