After nearly 3 years of delays in implementing the Record of Decision anounced below, and despite ongoing  toxicity problems, bacteria exceedances, and other pollution problems identified near this plant's ocean outfall, on Sept. 11, 2002, the San Diego Regional Water Quality Control Board voted at their meeting to enter into a consent decree with the International Boundary and Water Commission (IBWC) to avoid a protracted legal battle. (Background information is provided below.)

As their website explains, the Consent Decree shall be used for: 

"...establishing a deadline for the International Boundary and Water Commission, United States Section to select, and initiate implementation of, a strategy to provide secondary treatment for wastewater from the International Wastewater Treatment Plant (IWTP), San Diego County."

Instead of answering this question in a timely manner, this decree (a legally binding agreement done in place of a court trial)  requires the IBWC to complete secondary level sewage treatment facilities for the IWTP by 2007. It does not define exactly what type of secondary level facility must be build, nor does it state the location of the facility. 

Most speakers at the hearing opposed this timeline, claiming it allows too much delay for compliance while pollution problems continue in the ocean, and includes "force majeure" clauses which may cause indefinite delays beyond the 2007 deadline.

Diane Rose, Mayor of Imperial Beach, spoke against the decree, claiming that the "proposed Consent Decree does not meet the priority for public health and safety."  In her statement she noted:

"Most importantly, the City of Imperial Beach objects to the vague provisions of the force majeure. Either this loophole for noncompliance must be closed, or reparations in the form of monetary damages should be paid to Imperial Beach and the other affected communities."

• Using the Pt. Loma Wastewater Treatment Facility, operated by the city of San Diego, to provide higher treatment levels. 
For many years, this facility accepted up to 10 million gallons/day of Tijuana sewage, but the city is balking at continuing this practice, noting the ongoing problems with industrial waste and toxicity. In 1998, the Pt. Loma facility had problems with toxicity exceedances that they attributed to the Tijuana sewage.
 
• Using the new South Bay Water Reclamation Plant, located less than a mile from the IWTP. 
This facililty could provide secondary level treatment for up to 14 million gallons of sewage/day, once it is fully expanded (it is currently operating at only 7 MGD). The Border Environment Cooperation Commission certified this project in 1997, so that it qualified for receiving $17 million in US-Mexico border grant funds from the USEPA. However, they have only a few buyers for this reclaimed water (including the IWTP, which uses about 500,000 gallons/day for plant operations). Options for using their excess capacity for treating sewage from the IWTP are being explored by the city of San Diego and state of California.
 
• Post Prop. 65 advisories to alert people to potential health risks from exposure to toxics near the outfall.
The area around the outfall is popular with commercial and private sportfishing boats. Given the toxic discharge from this facility, it was suggested that the relevant state and federal agencies post advisory notices, similar to state of California Proposition 65 warnings, at local sportfishing shops and on buoys moored near the outfall. 

People engaging in recreational boating and fishing activities near this outfall need to be aware of the potential health risks they face from coming in contact with sewage, bacteria, toxics and other wastes during the months when the sewage rises to the surface.

(For more information about Prop. 65, visit: http://www.oehha.ca.gov/prop65.html). It explains: "In November 1986, California voters approved an initiative to address growing concerns about exposures to toxic chemicals. That initiative became The Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name: Proposition 65.")

Meanwhile, more research is being done to document the pollution and related impacts observed in the ocean over the outfall connected to this facility, thanks in part to pressure from the city of Imperial Beach and a collaborative effort with investigators from Scripps Institution of Oceanography. State funding provided under the Clean Water Initiative will help pay for a this new "Coastal Ocean Observations System" now under development at Scripps. A new website, which eventually will include real-time ocean data from remote sensing devices located near the ocean outfall, will be online later this year, and will be located at www.sdcoos.ucsd.edu

For information on similar programs operating around the United States, visit: http://www.csc.noaa.gov/cots/presentations.html

With help from the Border Environment Cooperation Commission and USEPA, the city of Tijuana is embarking on several plans to upgrade their water and wastewater system. This will help control the flow of sewage into the Tijuana River. Details on a long-term, comprehensive Master Plan and other projects are available at the USEPA website.

SAN FRANCISCO, 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.

"It's time to finish this job and look toward the future," said Felicia Marcus, the EPA's regional administrator.  "All of us have a lot of work to do to address border sewage treatment needs."

The U.S. Section of the International Boundary and Water Commission issued the following press release today regarding secondary treatment at the South Bay International Wastewater Treatment Plant:

For immediate release       December 8, 1999

The United States Section of the International Boundary and Water Commission (USIBWC) and the Environmental Protection Agency today released a Record of Decision (ROD) to move forward with construction of secondary treatment ponds adjacent to the South Bay International Wastewater Treatment Plant (SBIWTP).  The plant has been providing
advanced primary treatment for sewage from Tijuana since April of 1998.

 Under the ROD, the agencies will move forward with construction of the Completely Mixed Aerated (CMA) Pond System at the Hofer Site to provide secondary treatment for 25 million gallons a day at the SBIWTP.   The project covers 36 acres and features a total of six ponds, one control building, and related pump stations and distribution structures.

 John M. Bernal, U.S. Section Commissioner of the IBWC, said, “Selection of a secondary treatment approach is a critical stage in fulfilling our obligations under international agreements in place with the Mexican government.”