People of the State of California v. International Boundary and Water Commission et al

Filing 1

COMPLAINT against International Boundary and Water Commission, Jose Nunez ( Filing fee $ 400 receipt number 0974-11631203.), filed by People of the State of California. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2)The new case number is 3:18-cv-2050-JM-JMA. Judge Jeffrey T. Miller and Magistrate Judge Jan M. Adler are assigned to the case. (Hoos, Phillip)(lrc) (sjt).

028

May 14, 2018
Acting Commissioner Jose Nuñez
United States Commissioner
International Boundary and Water Commission
United States Section
4171 North Mesa, Suite C-100
El Paso, Texas 79902-1441

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
No. 7015 0640 0006 1569 9708

Scott Pruitt
Administrator
United States Environmental Protection Agency
William Jefferson Clinton Building
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
No. 7015 0640 0006 1569 9692

SUBJECT:

60-Day Notice of Intent to Sue for Violations of the Federal Water Pollution
Control Act by the United States Section of the International Boundary and
Water Commission; CW760862:cclemente

Dear Acting Commissioner Nuñez:
The People of the State of California (the People), by and through the California Regional Water
Quality Control Board, San Diego Region (San Diego Water Board), an agency responsible for
protecting and preserving United States and California waters, and California Attorney General
Xavier Becerra, chief law enforcement officer for the State of California, hereby provide this
notice of intent to sue the United States Section of the International Boundary and Water
Commission (USIBWC). The People provide this notice pursuant to sections 505(a)(1) and
505(b)(1) of the Federal Water Pollution Control Act (hereafter referred to as the Clean Water
Act or CWA), 33 U.S.C. § 1365(a)(1) and (b)(1) and its implementing regulations, 40 C.F.R. Part
135, Subpart A.
The San Diego Water Board is an agency of the State of California that is geographically
comprised of all basins draining into the Pacific Ocean between the southern boundary of the
Santa Ana region and the California-Mexico boundary. (Cal. Water Code § 13200.) It is one of
nine such regional water quality control boards established by the Legislature, vested with
specific powers and duties and authorized to, among other things, administer and implement the
Clean Water Act in California, including the authority to issue National Pollutant Discharge
Elimination System (NPDES) permits and to enforce the Clean Water Act through the California
Porter-Cologne Water Quality Act (Porter-Cologne). (Cal. Water Code § 179, §§ 13000 et seq.,
13370, 13372, 13376, 13377, 13385.) The health, safety, and welfare of the People of the State
of California require that the state, through the nine Regional Water Quality Control Boards and
the State Water Resources Control Board (collectively referred to as Water Boards), exercise its
full power and jurisdiction to protect the quality of waters in the state from degradation
originating inside or outside the boundaries of the state. (Cal. Water Code § 13000.)

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The San Diego Water Board is a “citizen” within the meaning of 33 U.S.C. § 1365(g), because
its core functions of protecting the health, safety, and welfare of California residents, protecting
the waters of California and the United States from pollution and contamination, and protecting
the designated beneficial uses of such waters, have been adversely affected by the USIBWC’s
discharges of pollutants to waters of California and the United States in violation of the Clean
Water Act, as described below. The People, by and through the San Diego Water Board and
the Attorney General, are therefore entitled to commence a civil action against the USIBWC
pursuant to 33 U.S.C. § 1365(a) subsequent to this 60-day notice.
BACKGROUND INFORMATION
The Clean Water Act and Porter-Cologne prohibit the point source discharge of pollutants to
waters of the United States except as authorized by 33 U.S.C. § 1342. (Clean Water Act, §
301, 33 U.S.C. § 1311, Cal. Water Code § 13376.) Under this section, the United States
Environmental Protection Agency also approved the State of California’s plan to issue permits,
implement, and enforce the provisions of the NPDES program to the State of California and
Water Boards as authorized by chapter 5.5 of the California Water Code. (Clean Water Act, §
402, 33 U.S.C. § 1342(b), Cal. Water Code § 13370 et seq.)
The Tijuana River watershed straddles the international border between the United States and
Mexico. The Tijuana River flows north through highly urbanized areas in Mexico before entering
into the Tijuana Estuary and the Pacific Ocean through San Diego County in the United States.
The Tijuana River Estuary is the largest functioning wetland in southern California, providing
habitat for at least six endangered species and many threatened species of wildlife and
vegetation. It is an exceptionally rich and invaluable natural resource designated by the
International Ramsar Convention as wetlands of international importance. The lower six miles
of the Tijuana River and the Tijuana River Estuary (collectively referred to as the Tijuana River
Valley) are listed as impaired water bodies (referred to as “303(d) listed water bodies”) pursuant
33 U.S.C. § 1313 (Clean Water Act, § 303(d)) due to excessive levels of bacteria, heavy metals,
trash, and sediment among other pollutants. As a result of the presence of these pollutants,
water quality objectives are not attained in the Tijuana River Valley and numerous designated
beneficial uses are impaired; most importantly, those associated with protection of aquatic life
(e.g., warm freshwater, estuarine, marine habitat, and rare and endangered species) and
protection of human health (e.g., contact and non-contact water recreation, fishing, and
shellfishing).
Pursuant to a 1944 Treaty entered into by the United States and Mexico—entitled Utilization of
Waters of the Colorado River and Tijuana Rivers and of the Rio Grande—the International
Boundary and Water Commission (IBWC) was created and authorized to work to address and
resolve water quality issues, among other issues, at border and transborder rivers and streams.
The IBWC consists of two sections—the United States Section and the Mexico Section. The
two sections are tasked with negotiating and implementing resolutions to address the water
qualities issues covered by the 1944 Treaty. Each section has exclusive jurisdiction and control
on its respective side of the border over works constructed, acquired, or used in fulfillment of its
obligations under the 1944 Treaty.
IBWC Minute 283 and the NPDES Permit
Pursuant to the 1944 Treaty, the U.S. and Mexico Sections can amend the treaty by issuing
Minutes, which must be approved by both countries. IBWC Minute 283 titled Conceptual Plan

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for the International Solution to the Border Sanitation Problem in San Diego, California/Tijuana,
Baja California, approved on July 2, 1990 by both governments, provided the framework for
designing, constructing, and operating an international sewage collection system and secondary
treatment plant to attempt to mitigate the significant threat to beneficial uses caused by
uncontrolled and untreated discharges of waste across the border. Minute 283 laid the
foundation for the construction and operation of the South Bay International Wastewater
Treatment Plant (SBIWTP), a secondary treatment sewage plant owned by the USIBWC, the
construction of a pump station and diversion structure in the main channel of the Tijuana River
to divert dry weather flows to SBIWTP, and initiating concrete actions to address the
uncontrolled sewage that continuously flows from Mexico to the United States at Goat Canyon
and the Tijuana River, among other border locations.
The San Diego Water Board’s early regulation of the SBIWTP in 1996 through Order No. 96-50
after the facility’s initial construction was the Board’s first border-related priority to address
significant cross-border flows of untreated sewage and associated water quality and public
health risks posed by the above-mentioned pollutants. On June 26, 2014, the San Diego Water
Board adopted Order No. R9-2014-0009 (as amended by Order No. R9-2014-0094) (“NPDES
permit”) which serves as the updated waste discharge requirements and NPDES permit for the
USIBWC’s discharges of secondary treated wastewater from the SBIWTP to the Pacific Ocean
via the South Bay Ocean Outfall. The NPDES permit defines “facilities” as the SBIWTP, five
canyon collectors, two pump stations [Goat Canyon and Hollister pump stations], the South Bay
Land Outfall, the South Bay Ocean Outfall, and other associated infrastructure. (Id., Attachment
A, p. A-6.)
Canyon collectors are concrete channels and basins designed to capture transboundary dry
weather flows from Mexico in canyons and ravines draining north across the border to the
Tijuana River. The five canyon collector systems (i.e. Smugglers Gulch Diversion Structure,
Goat Canyon Diversion Structure, Canyon del Sol Collector, Stewart’s Drain Canyon Collector,
and Silva Drain Canyon Collector) are considered part of the wastewater system that is owned
and operated by the USIBWC and regulated by the NPDES permit. (Clean Water Act, § 212, 33
U.S.C. § 1292(2)(A).)
Each canyon collector system includes a detention basin designed to capture dry weather flows,
a screened drain/inlet, and a gravity conveyance to the SBIWTP, or pump stations. When flows
do not exceed the maximum design capacity of the canyon collectors and the canyon collectors
are properly operated and maintained, captured, dry weather flows from these collectors are
diverted to the SBIWTP for treatment and disposal through the South Bay Ocean Outfall. The
maximum design capacity for each canyon collector system is as follows: Stewart’s Drain: 1.67
million gallons per day (MGD), Silva Drain: 0.33 MGD, Canyon del Sol: 0.67 MGD, Smugglers
Gulch: 4.67 MGD, Goat Canyon: 2.33 MGD. Any quantity of flow in the canyons exceeding the
maximum design capacity of the canyon collectors overflows the respective structure and
continues flowing north, discharging to the Tijuana River, the Tijuana River Estuary, and the
Pacific Ocean at south San Diego County beaches. Failure to properly operate and maintain
these canyon collectors also leads to similar overflows. The Tijuana River, the Estuary, and the
Pacific Ocean are all waters of the State of California and the United States.
The NPDES permit carries over the Discharge Prohibitions from Order No. 96-50. The NPDES
permit prohibits “the discharge of waste from the Facilities to a location other than Discharge
Point No. 001 [South Bay Ocean Outfall], unless specifically regulated by this Order or separate
WDRs.” (Order No. R9-2014-0009, Provision III.A., p. 4.) The NPDES permit incorporates
provisions contained in chapter 4 of the Water Quality Control Plan for the San Diego Basin

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(Basin Plan) and Attachment G of the permit as if fully set forth in Section III. as specific
conditions of the permit. (Order No. R9-2014-0009, Provision III.C., p. 4.) The Basin Plan
specifies certain conditions or areas where the discharge of waste, or certain types of waste, will
not be permitted. (Cal. Water Code, § 13243.) The NPDES permit requires the USIBWC to
comply with receiving water limitations for ocean waters. The discharge of waste shall not
cause or contribute to a violation of receiving water limitations in the Pacific Ocean. (Order No.
R9-2014-0009, Provision V.A., pp. 11-12.)
THE CURRENT VIOLATIONS
This matter involves the discharge of waste 1, including but not limited to sewage, trash,
sediment, and industrial waste from facilities owned by the USIBWC in violation of its NPDES
permit 2; the discharge of waste causing or contributing to a violation of receiving water
limitations in Provision V.A.; the USIBWC’s failure to comply with Special Provisions in Provision
VI.C.2.; and the USIBWC’s failure to comply with reporting requirements as required by
Provision VII. of the NPDES permit Monitoring and Reporting Program (MRP).
A. Transboundary discharges of waste from the canyon collectors in violation of Order No.
R9-2014-0009 and Clean Water Act sections 301 and 402 (“Canyon Collector Spills”)
The NPDES permit defines a “Flow Event Type A” as dry weather transboundary wastewater or
other flow events from the five canyon collector facilities where flows are not diverted from the
canyon collector systems to the SBIWTP for secondary treatment. (Order No. R9-2014-0009,
Section VI.C.2.a., p. 18.) As mentioned above, when flows in the canyons exceed the
maximum design capacity of the canyon collectors or the canyon collectors are not properly
operated or maintained, overflows from the USIBWC’s structures continue north, discharging to
waters of the United States. The USIBWC must report Flow Event Type A occurrences
pursuant to Section VI.C.2.d. of the NPDES permit and Section VII.B. of the MRP within three
business days (preliminary report) and 15 calendar days (certified report). The USIBWC selfreported the following Flow Event Type A occurrences 3 from April 19, 2015 to October 19, 2017:
Table A: Flow Event Type A
Start Date

End Date

Volume (Gallons)
~ 11.86 MG total

Type A

Link to Spill Report

4/19/2015

4/19/2015

2,000

A

None

1/28/2016

1/28/2016

2,238

A

Spill Report

9/5/2016

9/5/2016

390

A

Spill Report

Location
Canyon del Sol
Collector
Stewart's Drain
Canyon Collector
Canyon del Sol
Collector

1

The terms “pollutant” as defined by Clean Water Act § 502(6) and “waste” as defined by California Water Code §
13050(d) are used interchangeably throughout.

2

The discharge events described in more detail in each subsection herein may constitute multiple violations of the
Discharge Prohibitions listed in Section III. of the NPDES permit, including but not limited to multiple violations of
discrete Discharge Prohibitions in the San Diego Water Board’s Basin Plan.

3

The San Diego Water Board contends that the USIBWC misclassified the flow events occurring on November 29,
2016, March 1, 2017, and April 30, 2017 as Type B rather than Type A. Based on the description of these events
provided by the USIBWC, it should have categorized these events as Flow Event Type A based on the definition in
the NPDES permit.

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11/29/2016

11/29/2016

200,000

A

Spill Report

3/1/2017

3/1/2017

145,000

A

Spill Report

4/24/2017

4/24/2017

12,850

A

Spill Report

4/30/2017

5/1/2017

645,000

A

Spill Report

5/21/2017

5/21/2017

1,560

A

Spill Report

5/24/2017

5/24/2017

3,800

A

Spill Report

6/27/2017

6/27/2017

5,500,000

A

Spill Report

10/6/2017

10/7/2017

4,152,000

A

Spill Report

10/19/2017

10/19/2017

1,207,000

A

Spill Report

Goat Canyon at the
International Border
Goat Canyon at the
International Border
Stewart's Drain
Canyon Collector
Goat Canyon at the
International Border
Stewart's Drain
Canyon Collector
Stewart's Drain
Canyon Collector
Canyon del Sol
Collector
Canyon del Sol
Collector
Canyon del Sol
Collector

The People allege that the canyon collector Flow Event Type A occurrences listed above on the
specified dates constitute separate violations of Discharge Prohibition III.A. of the NPDES
permit and Clean Water Act § 402 as each event resulted in a prohibited discharge of waste
from the USIBWC’s facilities other than at the authorized discharge location, Discharge Point
No. 001. Discharges of waste from these Flow Event Type A occurrences reaching the Tijuana
River, Tijuana River Estuary, and/or the Pacific Ocean are separate violations of Clean Water
Act § 301 and California Water Code § 13376. In addition, the San Diego Water Board alleges
that, at the very least, the canyon collector Flow Event Type A occurrences listed above in
Table A violate Discharge Prohibition III.C. of the NPDES permit and Clean Water Act § 402 as
prohibited discharges of waste to land pursuant to Basin Plan Prohibition II.2. in Attachment G
of the NPDES permit if those discharges of waste from the canyon collectors went to land and
were not otherwise authorized by the San Diego Water Board pursuant to California Water
Code § 13264.
B. Discharges of waste in a manner causing or threatening to cause a condition of
pollution, contamination, or nuisance in violation of Order No. R9-2014-0009, as
amended (“Pollution, Contamination, or Nuisance Spills”)
As stated previously, the NPDES permit incorporates the San Diego Water Board Basin Plan
into the terms of the permit as required conditions of compliance. These prohibitions are
necessary in order to achieve water quality objectives and maintain designated beneficial uses.
Basin Plan Prohibition II.1. prohibits the discharge of waste to waters of the State in a manner
causing, or threatening to cause, a condition of pollution, contamination, or nuisance as defined
in Water Code § 13050. (Order No. R9-2014-0009, Attachment G, Provision II.1., p. G-1.)
“Pollution” means an alteration of the quality of the waters of the state by waste to a degree
which unreasonably affects either; the waters for beneficial uses or facilities which serve these
beneficial uses. (Cal. Water Code § 13050(l).) Pollution may include “contamination” defined as
an impairment of the quality of the waters of the state by waste to a degree which creates a
hazard to public health though poisoning or through the spread of disease. Contamination also
includes any equivalent effect resulting from the disposal of waste, whether or not waters of the
state are affected. (Cal. Water Code § 13050(k).) “Nuisance” means anything which meets all

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of the following requirements; is injurious to health, or is indecent or offensive to the senses, or
an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life
or property; affects at the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage inflicted upon individuals
may be unequal; and occurs during, or as a result of, the treatment or disposal of wastes. (Cal.
Water Code § 13050(m).)
If transboundary flows pass the USIBWC’s canyon collector system, the NPDES permit requires
the USIBWC to monitor the flow for the parameters described in Table E-10 of the MRP. (Order
No. R9-2014-0009, Attachment E, Provision VII.B.3, pp. E-34 – E-36.) The San Diego Water
Board selected the pollutant parameters in Table E-10 based on the pollutants’ threat to contact
water recreation (referred to as REC-1) and other designated beneficial uses. Moreover, the
pollutant parameters in Table E-10 of the MRP are the parameters causing impairment to
303(d) listed water bodies, the Tijuana River and Estuary. The monthly reports for the
corresponding Flow Event Type A occurrences listed above in Table A 4 contain the USIBWC’s
self-reported sampling results of the wastewater bypassing the canyon collectors.
Based on these sample results, the People contend that the USIBWC’s discharges of waste to
waters of the State and United States on each of the dates listed in Table A where it collected
samples unreasonably affected the designated beneficial uses of the Tijuana River, Tijuana
River Estuary, and the Pacific Ocean and further impaired the quality of these waters to a
degree which creates a hazard to public health. Furthermore, the USIBWC’s creation of this
public health hazard resulted in a number of beach closures at Border Field State Park
(extending north from the international border to Monument Road) and the Tijuana River Slough
during corresponding time periods of these Flow Event Type A occurrences resulting in the
creation of a nuisance. Based on the foregoing, the People allege that the USIBWC’s
discharges of waste to waters of the State and United States occurring on the dates reflected in
Table A violate Basin Plan Prohibition II.1. and Discharge Prohibition III.C. of the NPDES permit
resulting in separate violations of Clean Water Act § 402.
C. Failure to comply with monitoring requirements for Transboundary Flow events in
violation of Order No. R9-2014-0009, as amended (“Monitoring Violations”)
The NPDES permit requires the USIBWC to monitor the flow where transboundary flows pass
the canyon collector system (i.e. Flow Event Type A). Monitoring of dry weather transboundary
flows that pass through the canyon collectors without diversion to the SBIWTP for treatment is
necessary for a number of reasons described in the MRP, significantly to determine whether
designated beneficial uses in the Tijuana River and Estuary are being affected and to provide
warnings of possible public health hazards from contact and non-contact recreation. (Order No.
R9-2014-0009, Attachment E, Provision VII.B., p. E-33.)
The People allege that, on at least three occasions where transboundary flows bypassed the
canyon collector systems on November 29, 2016, March 1, 2017, and April 30, 2017, the
USIBWC violated MRP Provision VII.B. by failing to collect the required samples and to monitor
for the specific parameters listed in Table E-10 of the MRP. These failures constitute separate
violations of Clean Water Act § 402 and California Water Code § 13383.

4

With the exception of November 29, 2016, April 30, 2017, May 21 and 24, 2017 where the USIBWC failed to
monitor and collect samples for these Flow Event Type A occurrences.

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D. Discharges of waste from other USIBWC facilities to waters of the United States in
violation of Order No. R9-2014-0009, as amended (“Goat Canyon Pump Station Failure
Spill”)
The NPDES permit defines “Facilities Spill Event” as a discharge of treated or untreated
wastewater or other material to the environment that occurs from the USIBWC’s facilities as
defined above. (Order No. R9-2014-0009, Section VI.C.2.a.i.a., p. 17.) The Goat Canyon pump
station is a “facility” within the meaning of the NPDES permit.
On February 27, 2018, a spill of approximately 54,000 gallons of waste, including untreated
sewage, occurred at the Goat Canyon pump station discharging to the Tijuana River. The
USIBWC reported that the cause of the spill was a temporary power outage that placed the
Programmable Logic Control in standby mode resulting in the loss of level control for the pump
station. With the pump disabled, the lift station wet well filled and overflowed to the Tijuana
River.
The People allege that this facility spill event on February 27, 2018 violates Discharge
Prohibition III.A. of the NPDES permit and Clean Water Act § 402 as this facility spill event
constitutes a prohibited discharge of waste from a facility other than the authorized discharge
location, Discharge Point 001. Discharges of waste from this Facility Spill Event reaching the
Tijuana River, Estuary, and/or the Pacific Ocean are violations of Clean Water Act § 301 and
California Water Code § 13376.
E. Discharges of waste causing or contributing to a violation of receiving water limitations in
the Pacific Ocean in violation of Order No. R9-2014-0009, as amended (“Receiving
Water Limit Exceedances”)
The NPDES permit establishes receiving water limitations based on water quality objectives
contained in the Basin Plan and Ocean Plan and states “the discharge of waste shall not cause
or contribute to violation of these limitations in the Pacific Ocean.” (Order No. R9-2014-0009,
Section V.A.1., p. 11.) Specific receiving water limitations are listed below:
30-day Geometric Mean: Based on the geometric mean of the five most recent
samples from each site.
(1) Total coliform density shall not exceed 1,000 CFU/100 mL;
(2) Fecal coliform density shall not exceed 200 CFU/100 mL;
(3) Enterococcus density shall not exceed 35 CFU/100 mL.
Single Sample Maximums:
(1) Total coliform density shall not exceed 10,000 CFU/100 mL;
(2) Fecal coliform density shall not exceed 400 CFU/100 mL;
(3) Enterococcus density shall not exceed 104 CFU/100 mL;
(4) Total coliform density shall not exceed 1,000 CFU/100 mL when the fecal
coliform/total coliform ratio exceeds 0.1.
The NPDES permit MRP requires the USIBWC to conduct shoreline water quality monitoring at
designated monitoring stations in the Pacific Ocean on a weekly basis (see Order No. R9-20140009, Attachment B – Map of Surf Zone, Offshore, Trawl, and Rig Fishing Stations.). The
USIBWC submits receiving water monitoring reports to the San Diego Water Board on a
monthly basis with the submission of its Monthly Report. Based on self-reported receiving water
data, the People allege that on at least one occasion, June 27, 2017, the Flow Event Type A
occurrence from the USIBWC’s facility at Canyon del Sol caused or contributed to an

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exceedance of the single sample maximum standard for enterococcus at receiving water
monitoring station, S-5 located at the Tijuana River Slough. The USIBWC also self-reported
exceedances of receiving water limitations for bacteria during the months of July 2015, January
2016, September 2016, November 2016, March through June 2017, and October 2017 when
Flow Event Type A occurrences took place. These exceedances of receiving water limitations
are separate violations of Clean Water Act § 402.
F. Failure to implement the Spill and Transboundary Wastewater Flow Event Prevention
and Response Plan (“Failure to Implement Spill Response and Mitigate”)
The NPDES permit Provision VI.C.2.a.ii.h. requires the USIBWC to develop measures to
contain and clean up facilities spill events and Flow Event Type A occurrences. Specifically, a
spill prevention and response plan shall “describe guidelines and procedures for taking all
feasible and necessary remedial actions to 1) control or limit the spill and/or transboundary
wastewater flow volume, 2) terminate the spill and/or transboundary wastewater flow, and 3)
recover as much of the spill and/or transboundary wastewater flow volume as possible for
proper disposal, including any wash down water.” The NPDES permit Provision VI.C.2.a.iii.
describes the process for public review of the spill prevention and response plan and requires
the USIBWC to immediately commence implementation of the plan once a revised plan, based
on public comments, is submitted to the San Diego Water Board. The USIBWC submitted a
draft of the Spill and Transboundary Wastewater Flow Event and Prevention and Response
Plan (Spill Prevention and Response Plan), prepared by its contractor Veolia Water Operating
Services, on December 22, 2014. Subsequent to the public review process, the USIBWC
submitted its revised Spill Prevention and Response Plan to the San Diego Water Board on July
13, 2015. Implementation of the Spill Prevention and Response Plan should have commenced
prospectively from that date.
The USIBWC’s Spill Prevention and Response Plan states, that for Flow Event Type A
occurrences, the USIBWC (or Veolia, as requested) is identified as the “responsible party.”
Once the overflow has been stopped, the responsible party must develop an appropriate
cleanup strategy to include the personnel assignments, equipment needed to complete the
cleanup, and appropriate disposal of collected material (wastewater, trash, debris, sand, etc.).
The Spill Prevention and Response Plan also outlines specific containment and cleanup
measures that must be implemented for Flow Event Type A occurrences. These measures
include collection of solid, liquid, and other debris; removal of waste by vacuum truck; and
cleanup of impacted storm drains.
The USIBWC’s Monthly Reports for each of the Flow Event Type A occurrences listed in Table
A occurring after the July 13, 2015 revised Spill Prevention and Response Plan each indicate
that the USIBWC recovered zero gallons of waste discharged past the canyon collector
systems. Nothing in the USIBWC’s Monthly Reports for these discharge events indicates that
the USIBWC implemented any of the containment or cleanup measures required by the NPDES
Permit. The People allege that these failures to implement the Spill and Transboundary
Response Plan are separate violations of Clean Water Act § 402 and California Water Code §
13383.
The People are represented by counsel from the California Department of Justice, Deputy
Attorneys General Noah Golden-Krasner and Phillip Hoos. Contact information for counsel is
provided below:

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MAILING LIST
[via email only]
Jeff Sessions, Attorney General
U.S. Department of Justice
[e-mail]
[e-mail]
Debra Carfora, Trial Attorney
U.S. Department of Justice, Environmental Defense Section
[e-mail]
Andrew Coghlan, Trial Attorney
U.S. Department of Justice, Environmental Defense Section
[e-mail]
Alexis Strauss, Acting Regional Administrator
U.S. Environmental Protection Agency, Pacific Southwest, Region IX
[e-mail]
Sylvia Quast, Regional Counsel
U.S. Environmental Protection Agency, Pacific Southwest, Region IX
[e-mail]
Christian Carrigan, Director
California State Water Resources Control Board, Office of Enforcement
[e-mail]
Michael Lauffer, Chief Counsel
California State Water Resources Control Board, Office of Chief Counsel
[e-mail]
David Boyers, Assistant Chief Counsel
California State Water Resources Control Board, Office of Enforcement
[e-mail]
Catherine Hagan, Senior Staff Counsel
California State Water Resources Control Board, Office of Chief Counsel
[e-mail]
Mayumi E. Okamoto, Supervising Attorney
California State Water Resources Control Board, Office of Enforcement
[e-mail]
Robert Byrne, Senior Assistant Attorney General
California Department of Justice, Office of the Attorney General
[e-mail]
[Continued on next page]

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Michael Cayaban, Supervising Deputy Attorney General
California Department of Justice, Office of the Attorney General
[e-mail]
Noah Golden-Krasner, Deputy Attorney General
California Department of Justice, Office of the Attorney General
[e-mail]
Phillip Hoos, Deputy Attorney General
California Department of Justice, Office of the Attorney General
[e-mail]
James Smith, Assistant Executive Officer
California Regional Water Quality Control Board, San Diego Region
[e-mail]
Senator Toni Atkins, Senate President pro Tempore
39th Senate District of California
[e-mail]
Senator Benjamin Hueso c/o Ivanna Heard
40th Senate District of California
[e-mail]
Assemblymember Todd Gloria
78th Assembly District of California
[e-mail]
[e-mail]
Assemblymember Lorena Gonzalez Fletcher
80th Assembly District of California
[e-mail]
[e-mail]

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