Mexican discharge raises jurisdictional, legal issues By Mike Lee
A mechanical breakdown and construction work at some U.S. sewage facilities allowed more than 2.1 million gallons of wastewater from Mexico to flood the Tijuana River Valley in San Diego County in early June.
Unlike most other spills of that size, it has prompted scant enforcement action by water-quality regulators and no cleanup.
The incident ranks as one of the county’s largest sewage-related accidents in the past decade, and one that likely would prompt hundreds of thousands of dollars in penalties if it was caused by a local agency.
A top regulator at the San Diego Regional Water Quality Control Board said he doesn’t plan to issue fines because the U.S. section of the International Boundary and Water Commission is exempt from them under the principle of sovereign immunity.
Federal facilities can deflect some environmental fines under a legal theory that is thought to have its roots in Britain. The policy shielded the king from being sued in his own courts. Congress has removed the waiver from various laws but not the Clean Water Act.
“We have one hand tied effectively behind our back,” said David Gibson, executive officer of the regional board.
Gibson said the investigation has been complicated because the discharge started in Mexico, where he has no authority.
The boundary commission took required steps to notify local agencies about the sewage spill in a report but didn’t try to recapture the liquid, Gibson said. He said it’s not clear what restoration steps the commission must take because it didn’t cause the spill.
“We are going to have a meeting with them to clarify roles and responsibilities, and coming out of that we will consider our compliance options,” he said.
Alternatives include issuing a cleanup order, but Gibson wouldn’t commit to a strategy before consulting with the commission.
He also said the overflow raised questions about the level of maintenance the federal agency must do at its sewage diversion structures.
“That is certainly one of those things we will address in black and white … in the next permit” issued for operating those facilities, Gibson said.
Commission spokeswoman Sally Spener said her agency took precautions to prevent the wastewater spill from reaching the river valley, but that its efforts were undermined by “unforeseeable circumstances.” Spener said the commission has not changed any policy or procedure because of the incident.
“I think that everyone who is involved with this understands that the true solution is to have improvements in the wastewater collection system in Mexico,” Spener said.
Other regulators said that is not the only issue.
“Even though the source is south of the border, it is bypassing U.S. taxpayer-funded infrastructure that was designed to capture that flow,” said Bart Christensen, a senior engineer for the State Water Resources Control Board in Sacramento who has spent 25 years working on wastewater issues in the San Diego-Tijuana region.
“If there were (millions of gallons) of sewage spilled anywhere else, you couldn’t say, ‘Well, gee. We were working on something, therefore our system was down,’ ” Christensen said.
South Bay conservationist Paloma Aguirre was planning a trash cleanup event for the nonprofit group Wildcoast in early June when she noticed sewage streaming through the Tijuana River Valley.
“It was black and there was a definite smell,” Aguirre said.
The source was uphill in Mexico, where an estimated 5 million gallons of sewage were released June 2 and 3 and then funneled to the United States through Smuggler’s Gulch.
On the U.S. side of the border, that region is sparsely populated by farmers and ranchers. Much of the nearby land is protected habitat for birds and other species.
Problems in Smuggler’s Gulch started the morning of June 2 after workers in Tijuana shut down the Matadero Pump Station to fix a broken sewage line, according to a report by the boundary commission.
The commission’s report said the Smuggler’s Gulch collector captured all the wastewater from Mexico until 4:30 p.m. At that point, the pumps couldn’t keep up and the sewage ran into the Tijuana River Valley until about 8 a.m. the next day, the report said.
Spener said one of the boundary commission’s pipes for shunting sewage to its nearby wastewater treatment plant was out of service at the time because another pipe was being placed underneath it during upgrades to the system. She said the project had been coordinated with officials in Mexico in hopes of avoiding problems.
“We waited to cut (the pipe) until we thought we were ‘all clear’ regarding potential spills,” Spener said. “We still had one line in service and we felt that would be adequate to handle any flows that came across” from Mexico.
She said the temporary system was working until a breaker on one pump kept tripping, forcing it out of action.
MAJOR SEWAGE SPILLS
Over the past decade, San Diego County has had several spills of more than 1 million gallons. The incidents include:
June 2010: A mainline break in Mexico released more than 2.1 million gallons of untreated wastewater into the Tijuana River Valley.
March-April 2007: A ruptured pipe spewed 7.3 million gallons of sewage into the Buena Vista Lagoon.
November 2004 to November 2006: At least 14 million gallons of sewage flowed undetected from Navy barracks into San Diego Bay.
October 2004: Wastewater and debris clogged the Point Loma treatment plant, sending 2.26 million gallons of sewage into the ocean.
February 2004: A blocked sewer line in Balboa Park caused 4.9 million gallons of sewage to flow into San Diego Bay.
August 2003: A line break led to a 1.5 million-gallon spill at a treatment plant operated by Oceanside.
April 2003: A line break caused a 1.2 million-gallon spill in the Rainbow Municipal Water District.
February 2001: A clogged sewer line caused Mission Bay to become contaminated with about 1.5 million gallons of sewage that had overflowed into Tecolote Creek.
September 2000: About 2.7 million gallons of sewage spilled from a Camp Pendleton housing complex into the Santa Margarita River estuary.
February 2000: A clogged sewer line along Alvarado Creek went undetected for a week, allowing 34 million gallons of sewage to flow into the San Diego River.
Sunday, July 11, 2010
Tuesday, June 29, 2010
Next Monthly Tijuana River Action Network Meeting

Next Monthly Tijuana River Action Network Meeting (every last Wednesday) - Wednesday June 30th at 6:00pm - Tijuana Estuary Training Center 301 Caspian Way, Imperial Beach, CA 91932.
Cross-border collaboration to address the conservation and restoration of the Tijuana River watershed by engaging in outreach, education, and being advocates for natural resources. Network meetings are a great way to meet and share ideas with staff and volunteers from Fundacion la Puerta, Proyecto Fronterizo, Fundacion Que Transforma, Alter Terra, Surfrider Foundation, Border Encuentro, Grupo Ecologista Tijuana, Tijuana Calidad de Vida, Tijuana Estuary, WiLDCOAST, Tijuana River Citizens’ Council and more. Volunteers and community members are welcome and encouraged to attend!
Visit the blog: http://tijuanariveractionnetwork.blogspot.com/
Environmental Issues Hurting Communities in the U.S.-Mexico Border Region
By Regina Ip
The United States and Mexico share a 2000-mile border where a population of 9 million is growing more than twice as fast as the populations of U.S. and Mexico.
Despite this growing population, the border region is confronted with many environmental health issues because of the lack of clean drinking water and proper health care. Even more, five out of the seven poorest communities in the country is in the border region. More than 35 percent of its population is living in poverty.
The living conditions in the area are in dire need of help. From weak social communities to inadequate building infrastructures, where there is no running water, sewage systems or electricity, the U.S.-Mexico border region faces many detrimental environmental health issues that cannot be fixed with the shortage of health care professionals or the stigma associated with the area.
“Almost everywhere you go in this world, there are people or groups of people that experience environmental injustices,” Paula Stigler said. “They are often low-income and people of color who do not have a voice and therefore are exposed unjustly to contamination in both their community and their workplaces.”
Stigler, who is the environmental program manager and tribal liaison for The San Diego Foundation, has been working on environmental issues, like water monitoring, with indigenous communities in San Diego County and Mexico for about ten years.
She has worked with various people including tribal health community promoters in remote tribal communities in Baja CA Mexico, local San Diego tribal environmental programs, communities in Cañon de los Laureles (Goat Canyon) in Tijuana and elsewhere.
Currently, Stigler is earning her doctorate in global health at UCSD/SDSU. She is currently interested in studying how climate change and its policies will affect susceptible populations in the border region.
The severity of the environmental health problems parallels those found in Third World countries. In addition to the underrepresented communities in the border region, many other residents are living in poor conditions. In some cases, there is no clean water for food, like drinking and cooking, or for hygienic purposes like bathing and washing. Even more, there is no basic sewage system to maintain wastes.
Because of this, residents have a much higher chance of catching waterborne and infectious diseases, such as salmonella infections, mosquito-transmitted malaria, measles and tuberculosis. Considered as a place where many people from different countries pass through often, about an average of 1.6 million per day, the health of those living in the border region confronts a national concern.
According to Stigler, some of the border cities do not follow safe air standards. Hazardous waste is a big problem as the border region becomes more industrialized.
New River, which runs down the inland region of Southern California, is the most polluted river in the United States. It has more than 100 industrial chemicals and 76 million liters of raw sewage passes through the river each day.
The rate of tuberculosis is twice the national rate. The rate of Hepatitis A is three times the rate of United States’ and two times the rate of Mexico’s. Salmonella and shigella dysentary is four times the rate of U.S. and Mexico.
Stigler develops workshops and speaks at community meetings on how residents can protect themselves from harmful contaminants in drinking water and in the environment. At these workshops, she calls attention to problems like poor drinking water.
“When looking at exposure to poor drinking water, it’s often a concern for waterborne pathogens and dehydration from gastrointestinal problems,” Stigler said. “This is especially problematic for children and the elderly. Since environmental health deals with so many different issues [like] air, trash, food, water, there are many health concerns [such as] cancer from exposure to dangerous chemicals, asthma from poor air quality [and] lead poisoning from exposure to lead in homes.
Stigler said that the current methods to solve the problem of poor water resources are not enough.
“Drinking water infrastructure was brought to communities in Mexico, however after assessing the decrease in gastrointestinal problems within the communities, my research found that the water was still contaminated due to unsafe storage practices in the homes and a lack of disinfection in the system.”
Stigler has formed the Tribal Environmental Health Collaborative, which is made up of tribal representatives, tribal NGO’s and universities that are assessing the top priorities for tribes in San Diego on environmental health and also trying to find funding to address their problems.
She said that, with the San Diego tribal environmental health collaborative project (TEHC), it’s difficult to measure the success of the drinking water infrastructure.
In addition, there is the issue of cultural competence in environmental health initiatives.
With the services that help tackle the issue, there are cultural conflicts in language and views on how to interpret natural elements, like water, which is considered sacred and represents nature.
“Cultural conflicts arise often due to a misunderstanding of how different communities and governments operate. When working binational there are language and communication barriers as well as cultural differences that can make the work challenging,” Stigler said.
“One thing I noticed was that while in the US we are accustomed to accomplishing many tasks via email and non-personal contact, in many other communities the face-to-face method is obligatory and works best for them,” Stigler said. One aspect of the language barrier involves the different approaches to communication that make it difficult to maintain regular contact. “Recognizing this is critical to having successful projects.”
Besides the language barriers, Stigler also comes across other communication challenges because of what technologies are used to communicate and how the political hierarchies work in the community. Understanding and respecting tribal sovereignty is very important.
“Politics is always an issue. Communication is probably the second biggest issue whether it be that calling internationally is not always easy or the same language isn’t spoken is a huge challenge.” Stigler said. “Also, a lack of understanding about the issues, the politics around those issues and no resources to address the problems. Many people are stretched so thin in addressing these problems and the resources are so slim that it can be really difficult to keep projects going.”
Despite the cultural challenges, the attempts to address and solve the environmental health issues have made some impact.
“Many tribes are now more aware of health and environmental concerns and beginning to address them through their tribal governments, which is a huge step in the right direction.”
Stigler will continue to work as a program manager to bring environmental awareness to local tribes.
“I hope to continue to work with non-profits who are fighting environmental injustices in our region and globally,” she said.
Those who are interested in helping can volunteer or donate to numerous organizations who are working on the issues, such as Environmental Health Coalition and the Native American Environmental Protection Coalition.
“There are many projects and groups that advocate for environmental injustices. I have worked with the US and Mexican governments both to help bring clean drinking water to communities in Mexico and have also received funding from foundations to organize tribes to assess and advocate for addressing environmental health priorities in their communities.”
Regina Ip is a public information intern with the Comprehensive Research Center in Health Disparities (CRCHD) and is majoring in Communications and Biology at UC San Diego. The CRCHD is a partnership of organizations focusing on community health and health disparities research. This publication was supported by the UC San Diego Comprehensive Research Center in Health Disparities Grant # 5 P60 MD000220 from the National Center on Minority Health and Health Disparities, National Institutes of Health.
The United States and Mexico share a 2000-mile border where a population of 9 million is growing more than twice as fast as the populations of U.S. and Mexico.
Despite this growing population, the border region is confronted with many environmental health issues because of the lack of clean drinking water and proper health care. Even more, five out of the seven poorest communities in the country is in the border region. More than 35 percent of its population is living in poverty.
The living conditions in the area are in dire need of help. From weak social communities to inadequate building infrastructures, where there is no running water, sewage systems or electricity, the U.S.-Mexico border region faces many detrimental environmental health issues that cannot be fixed with the shortage of health care professionals or the stigma associated with the area.
“Almost everywhere you go in this world, there are people or groups of people that experience environmental injustices,” Paula Stigler said. “They are often low-income and people of color who do not have a voice and therefore are exposed unjustly to contamination in both their community and their workplaces.”
Stigler, who is the environmental program manager and tribal liaison for The San Diego Foundation, has been working on environmental issues, like water monitoring, with indigenous communities in San Diego County and Mexico for about ten years.
She has worked with various people including tribal health community promoters in remote tribal communities in Baja CA Mexico, local San Diego tribal environmental programs, communities in Cañon de los Laureles (Goat Canyon) in Tijuana and elsewhere.
Currently, Stigler is earning her doctorate in global health at UCSD/SDSU. She is currently interested in studying how climate change and its policies will affect susceptible populations in the border region.
The severity of the environmental health problems parallels those found in Third World countries. In addition to the underrepresented communities in the border region, many other residents are living in poor conditions. In some cases, there is no clean water for food, like drinking and cooking, or for hygienic purposes like bathing and washing. Even more, there is no basic sewage system to maintain wastes.
Because of this, residents have a much higher chance of catching waterborne and infectious diseases, such as salmonella infections, mosquito-transmitted malaria, measles and tuberculosis. Considered as a place where many people from different countries pass through often, about an average of 1.6 million per day, the health of those living in the border region confronts a national concern.
According to Stigler, some of the border cities do not follow safe air standards. Hazardous waste is a big problem as the border region becomes more industrialized.
New River, which runs down the inland region of Southern California, is the most polluted river in the United States. It has more than 100 industrial chemicals and 76 million liters of raw sewage passes through the river each day.
The rate of tuberculosis is twice the national rate. The rate of Hepatitis A is three times the rate of United States’ and two times the rate of Mexico’s. Salmonella and shigella dysentary is four times the rate of U.S. and Mexico.
Stigler develops workshops and speaks at community meetings on how residents can protect themselves from harmful contaminants in drinking water and in the environment. At these workshops, she calls attention to problems like poor drinking water.
“When looking at exposure to poor drinking water, it’s often a concern for waterborne pathogens and dehydration from gastrointestinal problems,” Stigler said. “This is especially problematic for children and the elderly. Since environmental health deals with so many different issues [like] air, trash, food, water, there are many health concerns [such as] cancer from exposure to dangerous chemicals, asthma from poor air quality [and] lead poisoning from exposure to lead in homes.
Stigler said that the current methods to solve the problem of poor water resources are not enough.
“Drinking water infrastructure was brought to communities in Mexico, however after assessing the decrease in gastrointestinal problems within the communities, my research found that the water was still contaminated due to unsafe storage practices in the homes and a lack of disinfection in the system.”
Stigler has formed the Tribal Environmental Health Collaborative, which is made up of tribal representatives, tribal NGO’s and universities that are assessing the top priorities for tribes in San Diego on environmental health and also trying to find funding to address their problems.
She said that, with the San Diego tribal environmental health collaborative project (TEHC), it’s difficult to measure the success of the drinking water infrastructure.
In addition, there is the issue of cultural competence in environmental health initiatives.
With the services that help tackle the issue, there are cultural conflicts in language and views on how to interpret natural elements, like water, which is considered sacred and represents nature.
“Cultural conflicts arise often due to a misunderstanding of how different communities and governments operate. When working binational there are language and communication barriers as well as cultural differences that can make the work challenging,” Stigler said.
“One thing I noticed was that while in the US we are accustomed to accomplishing many tasks via email and non-personal contact, in many other communities the face-to-face method is obligatory and works best for them,” Stigler said. One aspect of the language barrier involves the different approaches to communication that make it difficult to maintain regular contact. “Recognizing this is critical to having successful projects.”
Besides the language barriers, Stigler also comes across other communication challenges because of what technologies are used to communicate and how the political hierarchies work in the community. Understanding and respecting tribal sovereignty is very important.
“Politics is always an issue. Communication is probably the second biggest issue whether it be that calling internationally is not always easy or the same language isn’t spoken is a huge challenge.” Stigler said. “Also, a lack of understanding about the issues, the politics around those issues and no resources to address the problems. Many people are stretched so thin in addressing these problems and the resources are so slim that it can be really difficult to keep projects going.”
Despite the cultural challenges, the attempts to address and solve the environmental health issues have made some impact.
“Many tribes are now more aware of health and environmental concerns and beginning to address them through their tribal governments, which is a huge step in the right direction.”
Stigler will continue to work as a program manager to bring environmental awareness to local tribes.
“I hope to continue to work with non-profits who are fighting environmental injustices in our region and globally,” she said.
Those who are interested in helping can volunteer or donate to numerous organizations who are working on the issues, such as Environmental Health Coalition and the Native American Environmental Protection Coalition.
“There are many projects and groups that advocate for environmental injustices. I have worked with the US and Mexican governments both to help bring clean drinking water to communities in Mexico and have also received funding from foundations to organize tribes to assess and advocate for addressing environmental health priorities in their communities.”
Regina Ip is a public information intern with the Comprehensive Research Center in Health Disparities (CRCHD) and is majoring in Communications and Biology at UC San Diego. The CRCHD is a partnership of organizations focusing on community health and health disparities research. This publication was supported by the UC San Diego Comprehensive Research Center in Health Disparities Grant # 5 P60 MD000220 from the National Center on Minority Health and Health Disparities, National Institutes of Health.
Monday, June 14, 2010
Waiter, There's a Metal Rod in My Sand

By ADRIAN FLORIDO
In 2005, surfers and beachgoers in Imperial Beach noticed that chunks of rock, mangled metal rods and other debris were washing up on the shore.
The problem started, they said, not long after the federal government dumped 250,000 cubic yards of sand near the shoreline of the city's beaches. (That's enough to fill up 12 percent of Qualcomm Stadium.)
The Army Corps of Engineers had dredged the sand from the San Diego Bay floor as part of a project to clear the way for large vessels. The federal agency made an agreement with Imperial Beach to dispose of the sediment near its shores.
The city's beaches are constantly losing sand to erosion, and city officials saw the project as an opportunity to replenish the sand they say is important for attracting tourists. But surfers and environmentalists said the sand was contaminated.
Five years later, the city is gearing up to enter into a similar agreement with the Army Corps to bring as much as 300,000 cubic yards of sand to Imperial Beach. Last month, it asked the Port of San Diego to provide $1.8 million for two sand replenishment projects. It wants to give $1.1 million to the Army Corps of Engineers and $700,000 to a second project planned by the San Diego Association of Governments.
Environmentalists fear contaminated sand might once again be dumped on Imperial Beach and say the city has given them little chance to weigh in on the project's fate.
Greg Wade, the city's community development director, said plans to fund the Army Corps project would depend on several factors, including how much money the city gets from the Port and how the city can best leverage its money to get more sand.
Wade said a plan to keep debris out of dredged sand was not implemented before the Army Corps' earlier project, which may have explained the contamination, but that the city would be more vigilant this time around.
He said the City Council would review the project's environmental assessment and ensure that measures to prevent contamination -- like inspecting the sand on the dredge boat and running it through a grate to filter out debris -- were included in the plans.
The Army Corps' current project will dredge the channel entry to San Diego Bay off the tip of Point Loma, not in the heavily trafficked bay where sediment contamination is more likely.
"The fact that it's in the entrance channel gives me some comfort," Wade said. "The possibility of that type of material in the sediment is less likely."
Those differences provide little comfort to Serge Dedina, a local surfer and executive director of Wildcoast, a nonprofit environmental group based in Imperial Beach. He questions why the city, which is primarily interested in sand, would help pay for a federal project whose main purpose is to clear vessel routes of excess sediment and to dispose of sand as an afterthought.
Scott John, manager for the Army Corps' $1.4 million project, said the dredging does not depend on additional funding from Imperial Beach. But if the city pays for the sand -- giving the Corps more money -- the agency could dredge deeper and lengthen the time before the agency has to return to maintain the area.
"It's common for some of our projects to enter into cost sharing agreements and for other agencies to split the cost of dredging in exchange for the sand," John said.
The agreement would guarantee the sand would be delivered to Imperial Beach instead of another dump site near Coronado.
Without cost-sharing agreements, John said, the Army Corps usually disposes of sand at the nearest available dump site to save on transport costs.
Dedina's concerns are pitted against the cash-strapped city's desire to attract more tourists and generate greater tax revenue. Sand acts as a buffer between battering waves and coastal development and also makes the city's beaches attractive to visitors.
City officials say most of Imperial Beach's sand historically came from sediment that washed in from the mouth of the Tijuana River. But that natural, recurring source was eliminated when the river was dammed. The city has had to find other ways to replenish its beaches from erosion caused by storms and the flow of currents in the area that carry sand from Imperial Beach north toward Coronado.
"We basically have been fighting for every project," said Imperial Beach Mayor Jim Janney. "I'm sorry, but we're basically asking for anything. The real goal, in my opinion, is to maintain Imperial Beach as a viable area. This is called opportunistic sand."
Dedina said he was concerned that the decision to ask the Port for money for sand should have been more open and allowed more opportunity for public input. It is especially important, he said, for groups like his that want to protect coastal wildlife and have a serious stake in how sand replenishment projects are carried out.
Janney acknowledged that the decision to ask the Port for money was made during a private conversation with Port Commissioner Mike Bixler and City Manager Gary Brown. But he said they had the city's best economic interests in mind.
"We had to keep this on the radar screen," he said. "It was dropping below their cutoff line for available money and we wanted to reiterate the desire to bring material to Imperial Beach."
He said he and other City Council members would not allow the Army Corps to bring contaminated sand to Imperial Beach.
"From everything I've been told, the material that's in the dredge, that material is extremely good sand," he said.
But he said he also had a responsibility to jump at any opportunity to secure increasingly scarce funding for sand replenishment.
"I would hate it to come about that people say we never advocated for the money," Janney said.
Please contact Adrian Florido directly at adrian.florido@voiceofsandiego.org and follow him on Twitter: twitter.com/adrianflorido.
In 2005, surfers and beachgoers in Imperial Beach noticed that chunks of rock, mangled metal rods and other debris were washing up on the shore.
The problem started, they said, not long after the federal government dumped 250,000 cubic yards of sand near the shoreline of the city's beaches. (That's enough to fill up 12 percent of Qualcomm Stadium.)
The Army Corps of Engineers had dredged the sand from the San Diego Bay floor as part of a project to clear the way for large vessels. The federal agency made an agreement with Imperial Beach to dispose of the sediment near its shores.
The city's beaches are constantly losing sand to erosion, and city officials saw the project as an opportunity to replenish the sand they say is important for attracting tourists. But surfers and environmentalists said the sand was contaminated.
Five years later, the city is gearing up to enter into a similar agreement with the Army Corps to bring as much as 300,000 cubic yards of sand to Imperial Beach. Last month, it asked the Port of San Diego to provide $1.8 million for two sand replenishment projects. It wants to give $1.1 million to the Army Corps of Engineers and $700,000 to a second project planned by the San Diego Association of Governments.
Environmentalists fear contaminated sand might once again be dumped on Imperial Beach and say the city has given them little chance to weigh in on the project's fate.
Greg Wade, the city's community development director, said plans to fund the Army Corps project would depend on several factors, including how much money the city gets from the Port and how the city can best leverage its money to get more sand.
Wade said a plan to keep debris out of dredged sand was not implemented before the Army Corps' earlier project, which may have explained the contamination, but that the city would be more vigilant this time around.
He said the City Council would review the project's environmental assessment and ensure that measures to prevent contamination -- like inspecting the sand on the dredge boat and running it through a grate to filter out debris -- were included in the plans.
The Army Corps' current project will dredge the channel entry to San Diego Bay off the tip of Point Loma, not in the heavily trafficked bay where sediment contamination is more likely.
"The fact that it's in the entrance channel gives me some comfort," Wade said. "The possibility of that type of material in the sediment is less likely."
Those differences provide little comfort to Serge Dedina, a local surfer and executive director of Wildcoast, a nonprofit environmental group based in Imperial Beach. He questions why the city, which is primarily interested in sand, would help pay for a federal project whose main purpose is to clear vessel routes of excess sediment and to dispose of sand as an afterthought.
Scott John, manager for the Army Corps' $1.4 million project, said the dredging does not depend on additional funding from Imperial Beach. But if the city pays for the sand -- giving the Corps more money -- the agency could dredge deeper and lengthen the time before the agency has to return to maintain the area.
"It's common for some of our projects to enter into cost sharing agreements and for other agencies to split the cost of dredging in exchange for the sand," John said.
The agreement would guarantee the sand would be delivered to Imperial Beach instead of another dump site near Coronado.
Without cost-sharing agreements, John said, the Army Corps usually disposes of sand at the nearest available dump site to save on transport costs.
Dedina's concerns are pitted against the cash-strapped city's desire to attract more tourists and generate greater tax revenue. Sand acts as a buffer between battering waves and coastal development and also makes the city's beaches attractive to visitors.
City officials say most of Imperial Beach's sand historically came from sediment that washed in from the mouth of the Tijuana River. But that natural, recurring source was eliminated when the river was dammed. The city has had to find other ways to replenish its beaches from erosion caused by storms and the flow of currents in the area that carry sand from Imperial Beach north toward Coronado.
"We basically have been fighting for every project," said Imperial Beach Mayor Jim Janney. "I'm sorry, but we're basically asking for anything. The real goal, in my opinion, is to maintain Imperial Beach as a viable area. This is called opportunistic sand."
Dedina said he was concerned that the decision to ask the Port for money for sand should have been more open and allowed more opportunity for public input. It is especially important, he said, for groups like his that want to protect coastal wildlife and have a serious stake in how sand replenishment projects are carried out.
Janney acknowledged that the decision to ask the Port for money was made during a private conversation with Port Commissioner Mike Bixler and City Manager Gary Brown. But he said they had the city's best economic interests in mind.
"We had to keep this on the radar screen," he said. "It was dropping below their cutoff line for available money and we wanted to reiterate the desire to bring material to Imperial Beach."
He said he and other City Council members would not allow the Army Corps to bring contaminated sand to Imperial Beach.
"From everything I've been told, the material that's in the dredge, that material is extremely good sand," he said.
But he said he also had a responsibility to jump at any opportunity to secure increasingly scarce funding for sand replenishment.
"I would hate it to come about that people say we never advocated for the money," Janney said.
Please contact Adrian Florido directly at adrian.florido@voiceofsandiego.org and follow him on Twitter: twitter.com/adrianflorido.
Tuesday, May 18, 2010
Efforts to clean up Salton Sea begin with Mexican pollution

Keith Matheny • The Desert Sun • May 17, 2010
As Mexican officials cut the ribbon on a new wastewater treatment plant in Tijuana late last month, the U.S. Environmental Protection Agency and San Diego-area environmental watchdogs were among those on hand applauding.
The U.S. is more than an interested observer in its southern neighbor's efforts to clean up the environment along the border and even into the fringes of the Coachella Valley. It's an investor and partner.
The EPA has helped build 88 water and sewer projects along its more than 2,000-mile border with Mexico using about $550 million in Border Environment Infrastructure Funds, an offshoot of the 1993 North American Free Trade Agreement, said Douglas Liden, a water infrastructure specialist for EPA's western region.
The total cost of the work is $1.6 billion, and about half of the projects and expenditures have been on the Mexican side of the border.
The projects are in Mexican border cities experiencing explosive growth, having inadequate or no sewer systems, and usually with much smaller U.S. “sister cities” on the other side bearing the brunt of the pollution, said Tomas Torres, director of EPA's San Diego border office.
The EPA-assisted work includes two major infrastructure projects to improve water quality in the New River, which flows into the nearby Salton Sea and is considered one of the most polluted rivers in the United States.
The river carries a harmful stew of industrial and municipal waste with historically little or no treatment. It flows north from the Mexican border city of Mexicali, with a metropolitan area of nearly 1 million residents, past a number of California communities before emptying into the Salton Sea, the state's largest lake.
A tainted Salton Sea has far-reaching effects for the valley and the rest of Southern California. Toxins in the water negatively affect everything from fish, birds and other wildlife to the humans who fish and boat on it.
The U.S. is more than an interested observer in its southern neighbor's efforts to clean up the environment along the border and even into the fringes of the Coachella Valley. It's an investor and partner.
The EPA has helped build 88 water and sewer projects along its more than 2,000-mile border with Mexico using about $550 million in Border Environment Infrastructure Funds, an offshoot of the 1993 North American Free Trade Agreement, said Douglas Liden, a water infrastructure specialist for EPA's western region.
The total cost of the work is $1.6 billion, and about half of the projects and expenditures have been on the Mexican side of the border.
The projects are in Mexican border cities experiencing explosive growth, having inadequate or no sewer systems, and usually with much smaller U.S. “sister cities” on the other side bearing the brunt of the pollution, said Tomas Torres, director of EPA's San Diego border office.
The EPA-assisted work includes two major infrastructure projects to improve water quality in the New River, which flows into the nearby Salton Sea and is considered one of the most polluted rivers in the United States.
The river carries a harmful stew of industrial and municipal waste with historically little or no treatment. It flows north from the Mexican border city of Mexicali, with a metropolitan area of nearly 1 million residents, past a number of California communities before emptying into the Salton Sea, the state's largest lake.
A tainted Salton Sea has far-reaching effects for the valley and the rest of Southern California. Toxins in the water negatively affect everything from fish, birds and other wildlife to the humans who fish and boat on it.

The New River flows north into the United States of America from Mexico through an opening in the international border. The river is considered one of the most polluted in the U.S. Officials on both sides are working to clean it up. (Omar Ornelas The Desert Sun)
The EPA also contributed $41 million for planning and construction of two large wastewater treatment projects in Mexicali that totaled more than $98 million in construction costs, Liden said. The most recent project went online in 2007, and the two projects remove more than 40 million gallons per day of untreated sewage from the New River, he said.
The EPA also contributed $41 million for planning and construction of two large wastewater treatment projects in Mexicali that totaled more than $98 million in construction costs, Liden said. The most recent project went online in 2007, and the two projects remove more than 40 million gallons per day of untreated sewage from the New River, he said.
Though environmental problems persist, the river and Salton Sea's environmental conditions have “drastically improved,” and public health risks have been reduced, Liden said.
Officials say the U.S.-funded projects are critical.
“We're at the end of the pipe, like it or not,” said Ben McCue, a coastal conservation program manager with Wildcoast, a nonprofit environmental protection group working to improve the Pacific coastal region near the border. “It makes more sense to use our tax dollars on that end than here.”
The collaborations produce positive results in the U.S., said Jose Angel, assistant executive officer of the California Regional Water Quality Control Board's Palm Desert office.
“Surely we have a vested interest in seeing Mexico address its water quality issues at the border,” he said. “We've found that a cooperative approach with Mexico works better than an antagonistic one.”
Joint effort
The EPA works through the North American Development Bank, a binational financial institution capitalized and governed equally by the United States and Mexico, to finance environmental projects certified by the Border Environment Cooperation Commission, also created as part of side agreements from NAFTA, Liden said.
Other projects using U.S. funds in Mexico have included removing tons of hazardous waste from abandoned factory sites and developing air quality management programs, according to the EPA's website.
U.S. Rep. Ciro Rodriguez, a Texas Democrat whose Congressional district includes much of the state's western border with Mexico, supports the cross-border water infrastructure projects.
“The community on the other side is usually five to 10 times larger,” he said. “That always has an impact on our environment on this side of the border. Tuberculosis and other types of diseases don't recognize borders.”
Under the cooperative agreement between the EPA and its Mexican counterpart agency, infrastructure projects must be within 100 kilometers, or about 62 miles, of either side of the border. Mexico must provide at least a 50 percent match in money, but typically provides more than half for its projects, EPA officials said.
Officials say the U.S.-funded projects are critical.
“We're at the end of the pipe, like it or not,” said Ben McCue, a coastal conservation program manager with Wildcoast, a nonprofit environmental protection group working to improve the Pacific coastal region near the border. “It makes more sense to use our tax dollars on that end than here.”
The collaborations produce positive results in the U.S., said Jose Angel, assistant executive officer of the California Regional Water Quality Control Board's Palm Desert office.
“Surely we have a vested interest in seeing Mexico address its water quality issues at the border,” he said. “We've found that a cooperative approach with Mexico works better than an antagonistic one.”
Joint effort
The EPA works through the North American Development Bank, a binational financial institution capitalized and governed equally by the United States and Mexico, to finance environmental projects certified by the Border Environment Cooperation Commission, also created as part of side agreements from NAFTA, Liden said.
Other projects using U.S. funds in Mexico have included removing tons of hazardous waste from abandoned factory sites and developing air quality management programs, according to the EPA's website.
U.S. Rep. Ciro Rodriguez, a Texas Democrat whose Congressional district includes much of the state's western border with Mexico, supports the cross-border water infrastructure projects.
“The community on the other side is usually five to 10 times larger,” he said. “That always has an impact on our environment on this side of the border. Tuberculosis and other types of diseases don't recognize borders.”
Under the cooperative agreement between the EPA and its Mexican counterpart agency, infrastructure projects must be within 100 kilometers, or about 62 miles, of either side of the border. Mexico must provide at least a 50 percent match in money, but typically provides more than half for its projects, EPA officials said.
A small tributary of the New River flows into the Salton Sea near the area where the New River empties into the sea. The New River is among the most polluted in the U.S. (Jay Calderon Desert Sun file photo)The Mexican-side projects must have a demonstrable environmental benefit for the U.S.
Douglas Eberhardt, chief of the infrastructure office for EPA's western region, said that when he started working on Mexican border projects in 1989, “you had 13 million gallons of raw sewage a day coming across the border in the Tijuana River.”
Border Patrol agents in 1994 sued the U.S. government to receive hazard pay for working along the polluted Tijuana and New rivers flowing across the border from Mexico. The officers in 2005 settled the case for $15 million and the government gave them protective gear when working by the rivers, their attorney, Gregory McGillivary, said.
Diseases abound
Just on the U.S. side from Tijuana is Imperial Beach, counted among California's most polluted beaches by Wildcoast and other environmental groups. It's typically closed about 200 days per year due to pollution, McCue said.
Researchers at San Diego State University's Graduate School of Public Health found Hepatitis A and other viruses — including strains of polio virus — in 80 percent of water samples at Imperial Beach within three days of rain.
And waterborne diseases such as Hepatitis A and cholera occur at much higher rates in the Texas border region than in other parts of the state, according to a December 2009 report by the U.S. Government Accountability Office.
The EPA has invested $42 million for wastewater collection and treatment projects in Tijuana and nearby Rosarito, Mexico, since 1998, about 40 percent of the projects' $98 million total cost. It doubled to 80 percent the number of homes in the Tijuana area with sewer services, despite rapid population growth, Liden said.
Along the Texas border, the EPA put $20 million into a wastewater treatment plant in Nuevo Laredo, Mexico, that was completed in March, serving 126,000 residents. A smaller project in Ojinaga, Mexico, sister city to Presidio, Texas, was also completed this spring, said Gilbert Tellez, EPA's environmental engineer for the border program in the Texas region.
Douglas Eberhardt, chief of the infrastructure office for EPA's western region, said that when he started working on Mexican border projects in 1989, “you had 13 million gallons of raw sewage a day coming across the border in the Tijuana River.”
Border Patrol agents in 1994 sued the U.S. government to receive hazard pay for working along the polluted Tijuana and New rivers flowing across the border from Mexico. The officers in 2005 settled the case for $15 million and the government gave them protective gear when working by the rivers, their attorney, Gregory McGillivary, said.
Diseases abound
Just on the U.S. side from Tijuana is Imperial Beach, counted among California's most polluted beaches by Wildcoast and other environmental groups. It's typically closed about 200 days per year due to pollution, McCue said.
Researchers at San Diego State University's Graduate School of Public Health found Hepatitis A and other viruses — including strains of polio virus — in 80 percent of water samples at Imperial Beach within three days of rain.
And waterborne diseases such as Hepatitis A and cholera occur at much higher rates in the Texas border region than in other parts of the state, according to a December 2009 report by the U.S. Government Accountability Office.
The EPA has invested $42 million for wastewater collection and treatment projects in Tijuana and nearby Rosarito, Mexico, since 1998, about 40 percent of the projects' $98 million total cost. It doubled to 80 percent the number of homes in the Tijuana area with sewer services, despite rapid population growth, Liden said.
Along the Texas border, the EPA put $20 million into a wastewater treatment plant in Nuevo Laredo, Mexico, that was completed in March, serving 126,000 residents. A smaller project in Ojinaga, Mexico, sister city to Presidio, Texas, was also completed this spring, said Gilbert Tellez, EPA's environmental engineer for the border program in the Texas region.
“In the Ojinaga area, you can really see a decrease in bacterial counts in the Rio Grande River. It's a pretty drastic change there,” Tellez said.
Shrinking funding
The program isn't without problems.
The Government Accountability Office's December report found that water and sewer infrastructure projects along the border have been “ineffective” because multiple government agencies involved in the projects in addition to the EPA, such as the U.S. Department of Agriculture, Army Corps of Engineers and Housing and Urban Development, have failed to comprehensively assess needs and coordinate their efforts.
Annual funding for the EPA border projects has dropped from a high of about $100 million several years ago to $17 million this fiscal year, Eberhardt said.
McCue said he'd like to see the program continued and expanded.
“I think it's more difficult for people who aren't local, who can't see the benefits, and say, ‘Why are we spending U.S. taxpayer dollars in Mexico?'” he said. “But it really comes down to the most efficient and effective way to spend that money.
“You can get more done by working collaboratively in Mexico rather than unilaterally here in the U.S.”
Shrinking funding
The program isn't without problems.
The Government Accountability Office's December report found that water and sewer infrastructure projects along the border have been “ineffective” because multiple government agencies involved in the projects in addition to the EPA, such as the U.S. Department of Agriculture, Army Corps of Engineers and Housing and Urban Development, have failed to comprehensively assess needs and coordinate their efforts.
Annual funding for the EPA border projects has dropped from a high of about $100 million several years ago to $17 million this fiscal year, Eberhardt said.
McCue said he'd like to see the program continued and expanded.
“I think it's more difficult for people who aren't local, who can't see the benefits, and say, ‘Why are we spending U.S. taxpayer dollars in Mexico?'” he said. “But it really comes down to the most efficient and effective way to spend that money.
“You can get more done by working collaboratively in Mexico rather than unilaterally here in the U.S.”
Sunday, May 16, 2010
A Vote to Allow City to Hasten Dirty Storm Water to the Ocean
The San Diego Planning Commission Thursday approved a proposal by the city’s Storm Water Department to clear vegetation from creeks around the city, even though the plan acknowledges that it will cause storm water that reaches the coastal waters to be even more polluted.
The impetus for this project comes from flooding that causes problems in a few areas -- for example, some areas of the Tijuana River Valley, Alvarado and Grantsville areas in the San Diego River watershed.
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The problem is that the plan identifies about 170 areas in the city for vegetation clearing and new road building in open space, including creeks where flooding has never been a problem, such as in the Gilman Canyon section of Rose Canyon. When challenged by the Friends of Rose Canyon, the city quickly removed those areas from the plan, causing me to wonder. If the city admits that these specific areas are not necessary for the plan, how were all of the sites selected?
Strangely, the plan does not include any hydrologic models that would allow us to predict what the effect of vegetation removal from our creeks will be, whether vegetation removal will solve property loss from flooding, or even whether it will cause worse flooding problems downstream. But, we can be sure that removing vegetation will decrease water quality because wetland plants and soil microbes have been demonstrated to clean urban pollutants out of storm water. Instead, the city will continue to use a method that has fallen into disfavor in the last century because of environmental degradation that it causes.
Other cities approach storm water management in a new way. Instead of speeding storm water to the ocean as fast as possible, they find ways to keep our storm water on the land as long as possible. This can be achieved by increasing the infiltration where the rain falls, by intercepting it on the way downstream with basins and wetlands, and by repairing eroded creeks so that the water spreads out, slows down, and sinks in. (Read more about this process here.)
Sadly, none of these alternatives are part of the approved plan.
Seven San Diego environmental groups (San Diego Coastkeeper, Costal Environmental Rights Foundation, San Diego Audubon Society, Friends of Rose Canyon, Sierra Club San Diego Chapter, San Diego Canyonlands, and California Native Plant Society San Diego Chapter) have called for the city to reconsider its plan and come up with a solution that will reduce flood damage and also have beneficial effects on the rest of our environment. This call has been ignored so far, it remains to be seen whether the City Council will answer it.
-- CARRIE SCHNEIDER
The impetus for this project comes from flooding that causes problems in a few areas -- for example, some areas of the Tijuana River Valley, Alvarado and Grantsville areas in the San Diego River watershed.
oTNCMS_Ad.show();
The problem is that the plan identifies about 170 areas in the city for vegetation clearing and new road building in open space, including creeks where flooding has never been a problem, such as in the Gilman Canyon section of Rose Canyon. When challenged by the Friends of Rose Canyon, the city quickly removed those areas from the plan, causing me to wonder. If the city admits that these specific areas are not necessary for the plan, how were all of the sites selected?
Strangely, the plan does not include any hydrologic models that would allow us to predict what the effect of vegetation removal from our creeks will be, whether vegetation removal will solve property loss from flooding, or even whether it will cause worse flooding problems downstream. But, we can be sure that removing vegetation will decrease water quality because wetland plants and soil microbes have been demonstrated to clean urban pollutants out of storm water. Instead, the city will continue to use a method that has fallen into disfavor in the last century because of environmental degradation that it causes.
Other cities approach storm water management in a new way. Instead of speeding storm water to the ocean as fast as possible, they find ways to keep our storm water on the land as long as possible. This can be achieved by increasing the infiltration where the rain falls, by intercepting it on the way downstream with basins and wetlands, and by repairing eroded creeks so that the water spreads out, slows down, and sinks in. (Read more about this process here.)
Sadly, none of these alternatives are part of the approved plan.
Seven San Diego environmental groups (San Diego Coastkeeper, Costal Environmental Rights Foundation, San Diego Audubon Society, Friends of Rose Canyon, Sierra Club San Diego Chapter, San Diego Canyonlands, and California Native Plant Society San Diego Chapter) have called for the city to reconsider its plan and come up with a solution that will reduce flood damage and also have beneficial effects on the rest of our environment. This call has been ignored so far, it remains to be seen whether the City Council will answer it.
-- CARRIE SCHNEIDER
Wednesday, May 5, 2010
Surfers support 2 fired lifeguards
By Janine Zúñiga, UNION-TRIBUNE STAFF WRITER
IMPERIAL BEACH — After changing into their wet suits on a stormy Sunday in March, off-duty Imperial Beach lifeguards Aaron Quintanar and Hans Fernan joined a gathering of grieving surfers in a paddle-out paying homage to a fallen friend. Mourners atop surfboards joined hands. Several tearfully recounted old times and shared their deep sense of loss.
Two weeks later, Quintanar and Fernan were fired for violating an unwritten city rule prohibiting the use of a lifeguard tower to suit up before heading into contaminated water. Signs posted that March 7 morning noted that the beach was polluted with runoff from the rain that began falling the night before.
Now the surfing community is rallying behind the pair, saying the punishment went overboard.
“This just compounds the wounds,” said Imperial Beach resident and surfer Greg Hughes. “They fired two great guys that have spent a good portion of their lives training to save lives in Imperial Beach. Both lifeguards are great watermen and do their jobs because they love this community and want to help make it safe. These guys volunteer to train lifeguards in Mexico on their own time.”
Imperial Beach officials say the city has a long-standing directive aimed at making lifeguards role models for beachgoers.
“We want (lifeguards) to set a good example for the rest of the community to not go swimming in polluted water,” City Manager Gary Brown said. “We want to discourage people from doing that so our lifeguards don’t have to rescue people in polluted water.”
Beach closures immediately north of Mexico are routine. The city’s beach has been closed for 35 days this year due to runoff, mostly after heavy rains.
The former lifeguards understand what they did was wrong but say it is being taken out of context.
“We weren’t down here because the surf was 6 feet or to have fun,” said Quintanar, 45, as he sat near the Imperial Beach pier last week. “I was in a fog. I just showed up. It was a cold, rainy, ugly day. I didn’t think about contamination. Hans didn’t see the signs. I don’t recall seeing them.”
City officials would not comment further about the dismissals because they are a personnel matter.
The paddle-out was for Britt Clamp, who died in a motorcycle accident in February in the El Centro desert. Quintanar said he and Clamp became close friends after Clamp moved to Imperial Beach in 1980. Clamp was well-liked among surfers, about 50 of whom attended the memorial north of the pier.
Quintanar, who earned just under $20 an hour, has 600 rescues over 26 years as a seasonal lifeguard, most in Imperial Beach. Fernan, a 15-year veteran, was selected in 2001 as one of the country’s top five favorite lifeguards in a national contest.
Both say they weren’t treated fairly and would accept any appropriate disciplinary action if they could get their jobs back.
“I think it’s worth fighting,” said Fernan, 37, who earned about $2.50 more an hour than Quintanar because of a previously held supervisor position.
Keeping lifeguards from polluted waters is not unusual. Lt. Nick Lerma with San Diego Lifeguard Services said San Diego has a policy prohibiting lifeguards from going into polluted water while on duty, except for rescues.
But, Lerma said, “We don’t have anything that says they can’t go into the water on their time off.”
He also said that as far as changing in a city facility, “we haven’t spelled that out for anybody.”
Word of the firings has spread among surfers, some of whom are asking elected leaders to intercede. Many have been sharing the news via e-mail.
Brent Jex, an attorney with Keegan & Baker, a San Diego firm specializing in employment litigation, said California law “is really broad in terms of giving employers the right to fire for basically any situation.” He said there are exceptions, such as exercising one’s First Amendment rights.
“I’m not sure a lifeguard could fall into this,” Jex said. “Religious practice, freedom of speech, there might be some protection in there. I would need to research it more.”
Quintanar said he was contacted by city officials April 26 to see if he and Fernan wanted to discuss the matter, but the meeting was canceled.
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