Wednesday, September 26, 2007

Bajagua’s Slow and Painful Death

Despite the embarrassing pleading of the UT editorial board on Monday for the feds to give Bajagua a fat sole-source no bid contract to build a sewage plant in Tijuana, the project is experiencing what the T-1000 in T2 went through after Arnold threw it into the pit of molten steel — dying an ugly death. Of course having the UT plead to the IBWC to give Bajagua a contract would be like having Dick Cheney write you a letter of recommendation to get a job at MoveOn.org — a tragic blunder.

If that wasn’t bad enough, according to the UT’s Mike Lee, during the September 14 court hearing on the existing International Wastewater Treatment Plant’s ongoing violations of the Clean Water Act: “U.S. District Judge Barry Ted Moskowitz left in place a September 2008 deadline for the International Boundary and Water Commission to fix the pollution problem created by its wastewater treatment plant in San Ysidro.”

That means, unless Bajagua builds their plant in less than one year, their project is dead. Finished. Muerto. Finis. Kaput. Dude — it’s over.

Meanwhile, plans for building an alternative treatment plant on the U.S. side of the border that would cost $500 million less than Bajagua are moving forward. And the alternative publicly funded project has the political support in the U.S. Senate that Bajagua does not have. Here is the UT again.

Sen. Dianne Feinstein, D-Calif., said she supports putting $66 million toward the San Ysidro facility next year — enough to get the roughly $100 million retrofitting project well under way. Her position is important because she sits on the Senate Appropriations Committee, which is negotiating next year’s budget with the House. “I believe it presents the best opportunity for dealing with Tijuana River pollution,” Feinstein said in a statement sent yesterday to The San Diego Union-Tribune. At this point, there are simply too many unresolved questions about the Bajagua proposal,” she said. “We simply cannot afford to wait any longer on the assumption that the Bajagua plan will work out.”

More than 19 organizations including some of the U.S. and Mexico’s most influential environmental groups signed onto an August 20 letter to Feinstein supporting the alternative treatment plant. Some of the groups included the Natural Resources Defense Council, Heal the Bay, Defenders of Wildlife, The Ocean Conservancy the San Diego Chapters of the Audubon Society and the Sierra Club and the Coronado Surfing Association (I also signed onto the letter for WiLDCOAST).

The Bajagua team — Jim Simmons, Enrique Landa, Gary Sirota, Craig Benedetto and Marco Gonzalez — can’t seem to get a break these days. They’ve lost their support among the feds in the Senate and among enviros. Lee also reported that: “Bajagua’s preconstruction process in Mexico has not gone smoothly. Yesterday, company officials blamed the boundary commission for suspending work on the project. That status discourages construction companies from preparing bids for the job, Bajagua officials said.”

What corporation in their right mind would make plans with a company that has to depend on the IBWC and a federal judge to obtain a contract? Isn’t the point of the private sector to find customers on the open market and sell them a product? Where do judges and federal agencies fit into Adam Smith’s great big plan? What business school you have to attend to learn to write business plans like that at?

I can only imagine what Bajagua’s elevator pitch is these days, “Bro — if the judge grants an extension, and these fed dudes in El Paso approve our project, we might just have a killer sewage plant in TJ for you to partner with us on.”

In the meantime, sewage-polluted water continues to foul the waters of Imperial Beach. Over Labor Day weekend scores of surfers reported stinky water. And last Friday and Saturday the entire beachfront stunk, according to one observer, “like a dead seal.” One surf mom reported finding a condom in the water. Most likely the pollution was coming from the Punta Bandera sewage river miles south of the U.S.-Mexico border — a problem Bajagua would never solve. Can you say quagmire?

– SERGE DEDINA

Originally published in the Voice of San Diego 

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Wednesday, September 5, 2007

Another Bajagua Media Hoax

Last Thursday evening the Bajagua family — Jim Simmons, Gary Sirota, Marco Gonzalez and various hangers-on — showed up in full force to the International Boundary and Water Commissions (IBWC) Citizen’s Forum at the beachside city of Imperial Beach Dempsey Holder Safety Center. There they enjoyed an evening of tense exchanges in broken Spanish with hapless bureaucrats responsible for improving Tijuana’s aging sewage infrastructure system.

The colorful Bajaguas of Rancho Santa Fe were more than likely a little disappointed that during the presentation by Toribio Cueva (Assistant Director of the Sanitation Department, State Public Services Commission of Tijuana (CESPT)) about improvements being made in TJ to the city’s sewage infrastructure, he did not once mention the Bajagua project.

The bizarre notion that Bajagua occupies a major space in the Mexican bureaucracy for future planning of sewage treatment plants, is a fantasy spun by the company’s PR rep, Craig Benedetto and bought hook line and sinker by the gullible San Diego media.

Luckily Scott Lewis of the Voice exposed the first Bajagua media hoaxthat their project was a “comprehensive solution” to the border sewage crisis that had been common currency for years among many reporters covering the company.

But some people never learn. On Aug. 9 Benedetto issued the following press release:

Bajagua Announces Issuance of Concession to Use Federal Property by Government of Mexico

Bajagua, LLC announced Wednesday that it has received a critical concession from the Government of Mexico to use federal land in the construction of the Bajagua sewage treatment facility.. “This is a major step forward for Bajagua and for clean water,” said Jim Simmons, Managing Partner of Bajagua, LLC. “There were those who have doubted Mexico’s support for Bajagua and our ability to get permission to use federal land for this important bi-national purpose. Those doubts should now be put to rest,” he added. “This important milestone brings all of the environmental and economic development benefits of Bajagua much closer to reality,” said Simmons.

According to an Aug. 31 review of the original Spanish language “concession” conducted by Fernando Ochoa of the Northwest Center of Environmental Law (and one of Mexico top environmental attorneys) that Bajagua claims is a “critical” is the conclusion that,

This concession is not valid or in effect UNTIL Bajagua complies with the following (see pages 4 and 5 of the Resolution):

  • Submit to CAN {National Water Commission) the construction plans of the project for review and approval.
  • Obtain environmental impact assessment authorization from DGIRA-SEMARNAT
  • Pay all costs required
  • Once Bajagua complies with the requirements stated in the resolution and submits the series of documents CNA has required, Bajagua should get the TITLE OF CONCESSION issued by CNA.

The afore mentioned resolution does not represent the Mexican Federal Government’s support for Bajagua LLC’s wastewater project. The project is still pending authorizations from other Federal Agencies such as Direccion General de Riesgo e Impacto Ambiental (DGIRA).

What Benedetto informed the media as a critical concession is really nothing than an application review letter that means very little at all in Mexico. What counts is a “title of concession.”

If the San Diego media would have bothered to contact someone with some knowledge about Mexico’s legal system, they would have learned this. But Bajagua is desperate to get a favorable ruling on Sept. 14, in a state lawsuit against the U.S. International Boundary and Water Commission, an arm of the State Department. and will do anythingg to win a federal contract that will earn the millions.

So not surprisingly, San Diego reporters lapped up Benedetto’s press release. With the UT’s Mike Lee printing parts of the release verbatim without corroborating the “truthiness” of Benedetto’s release:

Sally Spener, a spokeswoman for the boundary commission, said yesterday that her agency is evaluating Mexico’s land concession documents and would not comment on them.

Hint to the U-T: get reporters who speak Spanish and know Mexico well to cover issues that take place in Mexico. Otherwise your reporters will have to rely on overworked American bureaucrats like Spener to verify Mexican legal information for you instead of taking advantage of an entire country filled with Spanish-speaking sources.

KPBS’s Ed Joyce just quoted Benedetto’s incoherent interpretation of his own release:

Craig Benedetto … says getting land from the Mexican government is key to moving the project forward. Benedetto: The land itself is federally owned land and it was important because it shows one, Mexico’s commitment in putting some skin into the game by contributing that land. As well as showing their formal support contractually by issuing a concession to the company.

Ironically, since the company has no title of concession Craig admitted that the company actually doesn’t have any support, land or any “skin.”

Here’s a free hint for San Diego reporters covering issues in Mexico — never, ever, ever, ever, ever, ever, ever, ever, ever, ever, ever, ever trust the word of a public relations consultant and developer spinmeister when he compares his “critical” letter from the Mexican government to a piece of skin.

– SERGE


originally published in the VOICEOFSANDIEGO.ORG

 

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Wednesday, August 8, 2007

L.A. Times Report on the State of the Oceans

I highly urge you to read the LA Time’s “Altered Oceans” report. It’s a five part series that covers different ways we’re affecting the oceans on both coasts of the Pacific Ocean and the US east coast. It presents the different stories of real people who are affected by a common fact: the oceans are changing for the worse. It’s a snapshot of the state of our ocean and it provides evidence that is something is very wrong.

It goes beyond overfishing, farm runoff, global warming, etc. Our problem lies in the fact that we take what we want from the ocean and we dump what we don’t want into it.

By overfishing, we’re simplifying the ecosystem and pushing the oceans back into a primitive state where jellyfish and algae dominated the waters. We’re seeing increased algal blooms, larger dead zones and increasing numbers of jellyfish.


Partially treated sewage flowing from a pipe off Hollywood, Fla., is sampled by divers from the Oceanographic Institution in Fort Pierce, Fla. Although sewage treatment plants reduce bacterial levels, they do not remove nutrients that feed explosive growth in marine algae (Photo: Rick Loomis; LA Times)

Algal blooms in particular pose a larger health risk to mammals. Neurotoxins in the algae are accumulated in shellfish and fish that consume the algae. Humans and sea animals consume these organisms, thus receiving concentrated doses of the neurotoxin. Sea lion stranding have become more frequent and are tied to increasing algal blooms. The neurotoxins destroy their sense of direction, cause seizures and even destroy a female’s maternal instincts, causing her to attack her newborn young.

Algal toxins can actually be released into the air and carried to shore by the winds. People living on the East Coast brace yearly for the coming of red tides that cause breathing problems for those living in costal communities. One report brought up the possibility that in the future people would be looking to get away from the oceans rather than flock to them.

A Jamaican fishermen tries to sell his catch along a main road. The average size of fish caught on Jamaica continues to shrink (Photo: Rick Loomis L.A. Times)

By dumping what we don’t want into the oceans, we end up exacerbating the problem. Nutrient-rich farm runoff spills into the ocean where they help fuel massive algal blooms. The plastic and trash we’re dumping into the ocean ends up floating back onto our beaches and sometimes on other people’s beaches.

Ever so steadily, we’re destroying our oceans. It’s difficult to realize how extensive the damage is, but just by looking at the videos and reading the many stories, you get a slight idea of the daunting problems facing the ocean. We need to stop taking the ocean for granted.  As costal residents we’ve integrated ourselves as part of the ocean and we radically affect it in many ways. We need to start recognizing the ways we’re disturbing it and take action.

To me, the idea that someday people will want to move away from the ocean because the beaches have become too dirty and the fresh ocean breeze carries neurotoxins and causes difficulty in breathing… it’s just unbelievable. But it’s already become a reality in many places. That beachfront paradise could become a beachfront hell. The truth is, we could point fingers and place blame on whoever, but ultimately it is our collective responsibility to take action, whether you live by the ocean or not, to protect the oceans.

Calvin Lee

 

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Monday, November 6, 2006

Northern Baja Beachfront Development Fences off Coast

I spent Saturday morning touring the coast between Tijuana and BajaMar in Northern Baja.

What a disaster. Garbage filled beaches. Giant fences preventing access to the coast. Sewage pouring into the ocean. No-planned houses and condos. Ugly fences keeping the public away from the garbage. Worker colonias and trash filled gullies.

It just doesn’t get any worse.

Unfortunately, it is getting worse. Day by day. Week by week. Month by month.

The Northern Baja “boom” as described by so many reporters and real estate developers is now officially out of control.

Dozens of mega-real estate projects are underway along the beachfront from Tijuana to Ensenada. It doesn’t look like there has been an urban plan or any plan in sight.

Problems include: 

Lack of coastal access–beach access is a federally guaranteed right in Mexico. There is not one coastal access sign anywhere in this corridor.

Sewage coastline–up to 30 million gallons of day of sewage pours into the ocean at the San Antonio gully just a few miles south of the border. Do you honestly believe the Baja California government is building new sewage treatment plants.

LNG plants–the irony is that Sempra chose to build its horrible LNG plants in what was the most pristine part of the coast left in the region at Costa Azul–next to BajaMar, one of the best planned coastal projects in the region.
High rise after high-rise are under construction. Now Donald Trump is building his dream ocean towers, just 2.6 miles north of the San Antonio sewage gully. I guess the guests will enjoy smelling the fragrant aroma of raw sewage. Serge

 

 

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