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New lawsuit filed over ongoing South Bay sewage crisis

A group of Imperial Beach residents is suing over alleged mismanagement of the South Bay International Wastewater Treatment Plant.

IMPERIAL BEACH, Calif. — A complaint filed on behalf of nine Imperial Beach residents against Veolia Water claims the company has mismanaged the sewage treatment plant on our side of the southern border. CBS 8 spoke with the attorney handling the case as well as a spokesperson for the company.

“Really this is all about being that change, causing Veolia to finally wake up," said Brett Schreiber, attorney for the Singleton & Schreiber firm.

The complaint was filed in San Diego Superior Court Tuesday. It alleges Veolia Water, the corporation contracted by the federal government to manage the South Bay International Wastewater Treatment Plant, has failed miserably to properly handle its duties.

“Their job was to basically channel the discharge and treat it and manage it, and what we have found is that they have done an incredibly bad job at doing that," said Schreiber, who held a presser Tuesday at Silver Strand beach where there was a water closure due to high bacteria levels.

“We can use the awesome power and the deterrent effect of the civil justice system to get Veolia to finally do their job,” said Schreiber at the podium.

They’re using the California Nuisance Law as the basis for the lawsuit. In the complaint, they claim that since 2018, there have been 500 illegal discharge incidents from the plant, resulting in over a billion gallons of raw sewage flowing into the Tijuana River and Pacific Ocean, greatly impacting people’s lives.

“Every time stepping outside smelling incredibly foul odors. They don’t have access to their beaches. They don’t have access to their public spaces,” said Schreiber of the nine plaintiffs.

CBS 8 reached out to Veolia Water. A spokesperson told us they're reviewing the complaint but said, "We can already state that these allegations are meritless. Veolia North America has done its best to help operate the South Bay International Wastewater Treatment Plant in the face of increasingly challenging circumstances."

Veolia's spokesperson told CBS 8 that the plant was not built to endure the overwhelming conditions it currently faces. "The overwhelming cause of the odors and pollution affecting Imperial Beach is the excessive and uncontrolled sewage flows from Tijuana, much of which never even enters the South Bay plant."

Meanwhile, Schreiber is seeking compensation for his clients as well as improved performance and management of the plant.

 “We don’t need another meeting. We don’t need a bunch of people to sit around a table and talk about a study and continue to just kick this can down the road," said Schreiber. "This has become the definition of insanity. They’ve been doing the same thing over and over again for 25 years. It’s not getting better. In fact, it’s getting worse.”

Veolia Water's spokesperson further explained to CBS 8, "The uncontrolled flows of wastewater and the damage from mud and debris have overwhelmed the capacity of the plant and impacted its performance. This situation needs to be improved with stronger cross-border collaboration and holistic problem-solving at the local, state and federal levels."

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