Coronado Unified, a public school district in San Diego County serving 2,747 students, is the first educational institution to initiate litigation for the ongoing sewage pollution affecting Coronado, Imperial Beach and surrounding South Bay communities.
The district became the plaintiff in a lawsuit alleging Veolia, the company that operates the South Bay International Wastewater Treatment Plant, has breached a contract with the federal agency that owns the plant. The district claims Veolia is contributing to a “public health crisis” and “public nuisance” by “failing to fulfill their contractual responsibility to prevent pollution, raw sewage, hazardous substances from contaminating the air, water, and soil in Imperial Beach, and seeking to maximize their own profits without regard to the health, safety, and welfare of those individuals within Plaintiff’s district…”
This lawsuit, filed March 3 in San Diego County Superior Court, follows a separate civil complaint filed by the firm and brought forward by four Imperial Beach residents last November against Veolia.
Veolia denies the allegations in the complaint.
James P. Frantz, CEO of Frantz Law Group, said his firm is now representing more than 500 plaintiffs in what he says is a mass tort lawsuit.
A mass tort allows more tailored compensation and assessment of individualized claims where plaintiffs can present their unique case, damages and circumstances.
The firm also represents over a thousand school districts in other litigation in the U.S., he told members of the media on March 5.
“They [CUSD] want to make sure that all options are taken to make sure that this conduct stops by Veolia,” said William B. Shinoff, another attorney representing the district, during a press conference. “They are making sure that they are putting a voice for their community and making sure that their students can be there and be safe and have an environment where they’re able to go outside and be in recess and P.E. and not have to go and do these activities indoors when the wind is blowing in a certain direction or if it’s a hotter day.”
The district’s decision to join was approved by the governing board via a contract with the law firm during the Feb. 20 school board meeting and follows a district-led letter writing campaign to state and federal leaders asking them to address the crisis.
In a statement regarding the lawsuit, the district said it considers overall mental and physical health as important factors in student achievement and staff well-being.
“While CUSD recognizes that the responsibility for solving sewage and pollution issues is not the purview of the school district, the opportunity to bring attention to issues affecting members of our school community and their ability to thrive, is important,” the statement said. “In joining a mass tort lawsuit against one of the entities which does hold responsibility, the district is part of a broader effort to advocate for this important and complex regional issue.”
The school’s lawsuit was filed and announced the same week the City of Coronado declared a local emergency on the issue, joining the surrounding cities of San Diego, Chula Vista, and Imperial Beach following a council vote on March 4.
The district noted the lawsuit does not influence, affect, or impede the efforts or strategy of the City of Coronado, a separate government entity.
According to the statement, CUSD is only responsible for paying attorneys 30% of any monetary settlement or recovery from the defendants.
“Any financial awards from the lawsuit will help offset past and future costs incurred by CUSD for efforts to monitor air quality, provide air purification, support and staff school health offices, and respond to reports of toxic smells at school sites,” said the statement issued by the district on March 6.
The Coronado Unified complaint is among at least four filed to date against Veolia, each accusing the company of negligence and environmental law violations.
Adam Lisberg, spokesman for Veolia North America, agreed that residents of south San Diego County are deeply affected by Tijuana’s raw sewage crossing the border.
However, Lisberg added in a March 5 statement, “The plaintiffs in this case would be better served if their lawyers pursued the source of the problem instead of the company trying to solve it. The untreated sewage plaguing San Diego comes directly from Mexico through the Pacific Ocean and the Tijuana River, not the South Bay International Wastewater Treatment Plant. The claims in this lawsuit are misplaced, and Veolia’s hardworking local employees do not deserve to be blamed for the Mexican government’s failures.”
Meanwhile, Daniel Vinegrad, who founded Stop the Sewage Club at Coronado High School, expressed his support for the litigation.
“We have been advocating for solutions to resolve to the current Tijuana River sewage crisis since our club’s inception,” said Vinegrad in a statement. “We believe that this is another step in the right direction, and we encourage Veolia to comply with all laws and regulations in order to ensure clean air and water for our communities.”
Students and faculty, properties affected
The lawsuit addresses the following defendants: Veolia Environnement, S.A.; Veolia Water North America-West, LLC; Veolia Water West Operating Services, Inc.; Mark Wippler, an employee of Veolia; and other officers, directors, and managers anonymously grouped together.
Veolia operates the South Bay International Wastewater Treatment Plant along the border in San Diego under a contract with the U.S. International Boundary and Water Commission (IBWC).
More than $650 million in federal funds have been earmarked for projects to expand and repair the plant.
“Veolia makes claims that ‘Oh, Mexico is the problem … the federal government is the problem.’ Well, let’s quit finger pointing,” said Frantz. “Your conduct is punitive. It’s a conscious disregard for the safety of the entire community.”
The lawsuit claims defendants’ mismanagement of the South Bay plant has increased the level of toxic waste and pollution in the Tijuana River “tenfold over the last three years.”
The lawsuit also claims defendants cause “significant environmental harm” by violation of the Clean Water Act’s National Pollutant Discharge Elimination System Permit and the state’s Health and Safety Code section 5411.
According to the lawsuit, this has exposed plaintiffs to “highly toxic” contaminants and pollutants — like hydrogen sulfide, DDT, benzidine, and polychlorinated biphenyls — often associated with sewage that lead to “headaches, nausea, respiratory issues, gastrointestinal upset, tremors, fatigue and other illnesses.”
A community health survey released in a Jan. 6 report found that 77% of South Bay residents consider the Tijuana River Valley pollution and ocean sewage a threat to public health in the region.
“Defendants consciously risk the health of persons living in local communities, including minors and children, with full knowledge of the dangers their conduct posed,” the complaint reads.
“This is despicable and oppressive conduct, especially considering defendants’ knowledge that plaintiff’s students—vulnerable, innocent, unsuspecting children—would have to suffer the consequences associated with lifelong health issues and experiences in their childhood years that they will never have,” it continues.
According to the complaint, the district has had to hire additional personnel to address the mental, emotional and physical health of students and faculty; educate the district community about the dangers of exposure to contaminants; and spend time and resources determining the long-term effects and decreased value of district properties.
“Hydrogen sulfide has corroded the metals and surfaces within plaintiff’s properties,” the complaint says. “PCBs have settled into the building materials of plaintiff’s properties, including but not limited to the carpets, drywalls, and concrete, and has accumulated to such an extent that the properties are no longer fit for their normal use.”
The district is seeking compensatory damages, to be determined at trial.
