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Dominical’s Water Crisis: The Shocking Truth Behind the Illegal Development Project

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Sunday, June 9, 2024

Greed, corruption, land exploitation, and water shortages… these may sound like themes from Roman Polanski’s Chinatown, but the residents of Dominical will tell you that these issues are a reality in their own backyard. This situation is indicative of a larger trend in Costa Rica, where developers openly flaunt environmental laws with little to no consequences for their actions. While El Niño brought lower than normal rainfall to Costa Rica at the beginning of 2024, members of the community in Dominical claim that it is not the weather phenomenon, but rather a development project in the mountains that has caused a series of extended water shortages – the longest of which, on March 22, lasted over 10 hours. Even though Costa Rican law explicitly states that development projects cannot interfere with water supplies, attempts to notify the authorities of the issue in Dominical seemed to be futile. Multiple complaints or denuncias were made through the Ministry of Environment and Energy (MINAE) Integrated System for Processing and Attention to Environmental Complaints (SITADA), but there were reportedly no responses. This led residents to take matters into their own hands by creating a coalition of community members, informally called Water Issues Dominical, to raise awareness of the development project and how it was affecting their water supply. By using flyers to inform home and business owners in town of what was going on, only then were the residents able to raise concern to collectively pressure the landowners and effectively put a halt to the project. However, according to members of the committee, the community is still dealing with the aftermath of the illegal development. The water supplying Dominical originates from a series of natural springs in the mountains above town. These springs are situated on a parcel of land, about 650,000 square meters, and for 80 years this land was owned by a family who allowed the community access to the water source. The water was later “donated” in 2008 to the community and management of the water supply was effectively taken over by the Costa Rican Institute of Aqueducts and Sewers (AyA). The manner in which this water becomes available for consumption in the town of Dominical is through an old-fashioned treatment system, in which the source water first flows down to a tank. It then passes through a filter where sand and other organic matter are removed before it enters a second holding tank. After that, chlorine is added to kill bacteria, but not so much to impact the taste and smell of the water itself. Many of the long-time residents of Dominical will say that this old-school system has provided them with some of the cleanest and best water in all of Costa Rica. Several years back, the owners of the parcel that contained the springs died and the land changed hands a couple of times. According to the Water Issues Dominical committee, the most recent owners used a local who hired Nicaraguan workers to carry out the work of illegally clear-cutting a swath of trees. When AyA instructed them to stop, the workers continued felling trees using axes, rather than chainsaws, presumably because they make less noise. All this was done in the area where the springs that feed Dominical’s water supply are located. Costa Rican law states that all water belongs to the government, whether it be ocean, river, estuary, lake, spring, or even groundwater and no land can be altered within 200 meters from sources of water that serve a public water system. These government-created protection zones exist because having healthy tree coverage is important to clean drinking water. A reduction in vegetation, due to the felling of trees, causes more erosion, leading to excess sediment entering the streams and rivers. When this water reaches the water treatment system, the increased sedimentation means the system has to be shut off in order for the particles to settle. During this time, the only source of water for consumption comes from the second holding tank, which does not provide enough water to supply the town for an extended period of time. It may take hours for the sediments to settle and for the system to start working again. This all means that in the meantime, homes and businesses are without water. According to AyA, this is exactly what has been happening to Dominical’s water supply. For restaurants in particular, there is a negative financial impact when they are unable to provide their clients with food and drink, not to mention the sanitary services necessary for a functioning establishment. Mariela Céspedes, the Assistant Manager at Mono Congo Cafe, said that during these periods in which Dominical was without water, they couldn’t serve coffee or smoothies to their customers and the only way they were able to stay open at all was because the employees, in anticipation of the shortage, collected enough water in the days prior. Other restaurants that did not collect water were forced to close their doors until the water situation improved. According to Norma Pellot, owner of Café Olas, they had to turn away customers during this time. The same was true for several hotels in town who had to cancel reservations and refund their guests. So if the impact of a single development project can have such an oversized negative impact on an entire community, why doesn’t the municipality get more involved to prevent these issues before they become a problem? Guy Phillips who lives in Escaleras, a community adjacent to Dominical, has investigated this very topic. With a resume that includes a PhD in Environmental Economics and Law from the University of Wisconsin, Professor and Chairman of the Environmental Management Department at the University of California, Riverside, and Assistant Secretary for Resources and Energy for then-Governor of California Jerry Brown, Dr. Phillips has extensive experience in governmental decisions and their effects on the environment and the community. He points out that the Mission Statement on the Municipality of Osa’s website states that they are responsible for “contributing to comprehensive social, economic and environmental development to satisfy the current and future needs of the cantón’s citizens.” Furthermore, the website states the Municipality’s Vision Statement guarantees a “commitment to the interests and needs of the citizens of the cantón, providing them with services that are aimed at sustainable human and environmental development.” However, the Municipality is having difficulty achieving its Mission or Vision due to the volume of development project permit applications, coupled with pressure from pro-development interest groups to act quickly in approving the permits. To complicate matters, a lack of resources and personnel to investigate the projects prior to approval, or to sufficiently monitor compliance with the permits after they have been issued, results in some of these projects going ahead, regardless of their compliance with Costa Rican environmental law. Dr. Phillips states that the result is that “the burden of proof for wrongful actions or inappropriate agreements falls on the aggrieved member of the public after the key decision has already been made and the permit has been issued.” All this is for those projects that actually do go through the official channels of approval. However, when it comes to the development project that is affecting the water in Dominical, as is the case with many other projects in the country, the sentiment is that it is better to ask for forgiveness than permission. Dr. Phillips offers that the public can show the responsible agencies that they are serious about the government upholding their environmental laws. This involves forming working groups to address elected officials in several areas, including monitoring and transparency, increasing resources of the public agencies that oversee the permitting and execution of development projects, and increasing public engagement in civic affairs that affect their daily lives. The last of which has already been taking place in Dominical through the formation of the Water Issues Dominical group and their informational campaign to educate the community on what is happening to their water and what needs to be done to reverse the problem. There is more than water at stake. From the view of many of the residents of Dominical, the government’s response to this issue has been inadequate. This feeds a growing perception that Costa Rica, a country renowned for efforts it has made in the past to increase biodiversity, is shifting its priorities from conservation to development. The rapid development in the coastal areas is threatening the environmental gains Costa Rica has made in the last 40 years. Many citizens feel that the government does not have their backs and they have to rely on grassroots organization in order to protect their communities from unsustainable development. Whether real or perceived, a growing cynicism is starting to take hold in Costa Rica and if it wants to continue being the vanguard for what it means to be a green country, Costa Rica needs to figure out how to effectively balance developmental growth with sustainability or it will start to be known as a country that values a different type of green. About the Author Ryan Meczkowski is a Naturalist Guide and Founder of CR Naturalist Experiences, which offersnight tours and educational nature excursions in Uvita de Osa. Email: cr.naturalist@gmail.comWhatsApp +506 6132 9436 The post Dominical’s Water Crisis: The Shocking Truth Behind the Illegal Development Project appeared first on The Tico Times | Costa Rica News | Travel | Real Estate.

Greed, corruption, land exploitation, and water shortages… these may sound like themes from Roman Polanski’s Chinatown, but the residents of Dominical will tell you that these issues are a reality in their own backyard. This situation is indicative of a larger trend in Costa Rica, where developers openly flaunt environmental laws with little to no […] The post Dominical’s Water Crisis: The Shocking Truth Behind the Illegal Development Project appeared first on The Tico Times | Costa Rica News | Travel | Real Estate.

Greed, corruption, land exploitation, and water shortages… these may sound like themes from Roman Polanski’s Chinatown, but the residents of Dominical will tell you that these issues are a reality in their own backyard. This situation is indicative of a larger trend in Costa Rica, where developers openly flaunt environmental laws with little to no consequences for their actions.

While El Niño brought lower than normal rainfall to Costa Rica at the beginning of 2024, members of the community in Dominical claim that it is not the weather phenomenon, but rather a development project in the mountains that has caused a series of extended water shortages – the longest of which, on March 22, lasted over 10 hours.

Even though Costa Rican law explicitly states that development projects cannot interfere with water supplies, attempts to notify the authorities of the issue in Dominical seemed to be futile. Multiple complaints or denuncias were made through the Ministry of Environment and Energy (MINAE) Integrated System for Processing and Attention to Environmental Complaints (SITADA), but there were reportedly no responses.

This led residents to take matters into their own hands by creating a coalition of community members, informally called Water Issues Dominical, to raise awareness of the development project and how it was affecting their water supply. By using flyers to inform home and business owners in town of what was going on, only then were the residents able to raise concern to collectively pressure the landowners and effectively put a halt to the project. However, according to members of the committee, the community is still dealing with the aftermath of the illegal development.

The water supplying Dominical originates from a series of natural springs in the mountains above town. These springs are situated on a parcel of land, about 650,000 square meters, and for 80 years this land was owned by a family who allowed the community access to the water source. The water was later “donated” in 2008 to the community and management of the water supply was effectively taken over by the Costa Rican Institute of Aqueducts and Sewers (AyA).

The manner in which this water becomes available for consumption in the town of Dominical is through an old-fashioned treatment system, in which the source water first flows down to a tank. It then passes through a filter where sand and other organic matter are removed before it enters a second holding tank. After that, chlorine is added to kill bacteria, but not so much to impact the taste and smell of the water itself. Many of the long-time residents of Dominical will say that this old-school system has provided them with some of the cleanest and best water in all of Costa Rica.

Several years back, the owners of the parcel that contained the springs died and the land changed hands a couple of times. According to the Water Issues Dominical committee, the most recent owners used a local who hired Nicaraguan workers to carry out the work of illegally clear-cutting a swath of trees. When AyA instructed them to stop, the workers continued felling trees using axes, rather than chainsaws, presumably because they make less noise.

All this was done in the area where the springs that feed Dominical’s water supply are located. Costa Rican law states that all water belongs to the government, whether it be ocean, river, estuary, lake, spring, or even groundwater and no land can be altered within 200 meters from sources of water that serve a public water system. These government-created protection zones exist because having healthy tree coverage is important to clean drinking water.

A reduction in vegetation, due to the felling of trees, causes more erosion, leading to excess sediment entering the streams and rivers. When this water reaches the water treatment system, the increased sedimentation means the system has to be shut off in order for the particles to settle. During this time, the only source of water for consumption comes from the second holding tank, which does not provide enough water to supply the town for an extended period of time. It may take hours for the sediments to settle and for the system to start working again. This all means that in the meantime, homes and businesses are without water. According to AyA, this is exactly what has been happening to Dominical’s water supply.

For restaurants in particular, there is a negative financial impact when they are unable to provide their clients with food and drink, not to mention the sanitary services necessary for a functioning establishment. Mariela Céspedes, the Assistant Manager at Mono Congo Cafe, said that during these periods in which Dominical was without water, they couldn’t serve coffee or smoothies to their customers and the only way they were able to stay open at all was because the employees, in anticipation of the shortage, collected enough water in the days prior.

Other restaurants that did not collect water were forced to close their doors until the water situation improved. According to Norma Pellot, owner of Café Olas, they had to turn away customers during this time. The same was true for several hotels in town who had to cancel reservations and refund their guests.

So if the impact of a single development project can have such an oversized negative impact on an entire community, why doesn’t the municipality get more involved to prevent these issues before they become a problem? Guy Phillips who lives in Escaleras, a community adjacent to Dominical, has investigated this very topic. With a resume that includes a PhD in Environmental Economics and Law from the University of Wisconsin, Professor and Chairman of the Environmental Management Department at the University of California, Riverside, and Assistant Secretary for Resources and Energy for then-Governor of California Jerry Brown, Dr. Phillips has extensive experience in governmental decisions and their effects on the environment and the community.

He points out that the Mission Statement on the Municipality of Osa’s website states that they are responsible for “contributing to comprehensive social, economic and environmental development to satisfy the current and future needs of the cantón’s citizens.” Furthermore, the website states the Municipality’s Vision Statement guarantees a “commitment to the interests and needs of the citizens of the cantón, providing them with services that are aimed at sustainable human and environmental development.”

However, the Municipality is having difficulty achieving its Mission or Vision due to the volume of development project permit applications, coupled with pressure from pro-development interest groups to act quickly in approving the permits. To complicate matters, a lack of resources and personnel to investigate the projects prior to approval, or to sufficiently monitor compliance with the permits after they have been issued, results in some of these projects going ahead, regardless of their compliance with Costa Rican environmental law.

Dr. Phillips states that the result is that “the burden of proof for wrongful actions or inappropriate agreements falls on the aggrieved member of the public after the key decision has already been made and the permit has been issued.” All this is for those projects that actually do go through the official channels of approval. However, when it comes to the development project that is affecting the water in Dominical, as is the case with many other projects in the country, the sentiment is that it is better to ask for forgiveness than permission.

Dr. Phillips offers that the public can show the responsible agencies that they are serious about the government upholding their environmental laws. This involves forming working groups to address elected officials in several areas, including monitoring and transparency, increasing resources of the public agencies that oversee the permitting and execution of development projects, and increasing public engagement in civic affairs that affect their daily lives.

The last of which has already been taking place in Dominical through the formation of the Water Issues Dominical group and their informational campaign to educate the community on what is happening to their water and what needs to be done to reverse the problem.

There is more than water at stake. From the view of many of the residents of Dominical, the government’s response to this issue has been inadequate. This feeds a growing perception that Costa Rica, a country renowned for efforts it has made in the past to increase biodiversity, is shifting its priorities from conservation to development. The rapid development in the coastal areas is threatening the environmental gains Costa Rica has made in the last 40 years. Many citizens feel that the government does not have their backs and they have to rely on grassroots organization in order to protect their communities from unsustainable development.

Whether real or perceived, a growing cynicism is starting to take hold in Costa Rica and if it wants to continue being the vanguard for what it means to be a green country, Costa Rica needs to figure out how to effectively balance developmental growth with sustainability or it will start to be known as a country that values a different type of green.

About the Author

Ryan Meczkowski is a Naturalist Guide and Founder of CR Naturalist Experiences, which offers
night tours and educational nature excursions in Uvita de Osa. Email: cr.naturalist@gmail.com
WhatsApp +506 6132 9436

The post Dominical’s Water Crisis: The Shocking Truth Behind the Illegal Development Project appeared first on The Tico Times | Costa Rica News | Travel | Real Estate.

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ICE Unveils Biogas Plan to Combat Costa Rica’s Growing Waste Management Crisis

The Costa Rican Electricity Institute (ICE) is taking bold steps to address the country’s mounting landfill crisis with an innovative biogas initiative that could transform waste management across the nation. Turning Waste into Energy: ICE’s Vision for Sustainable Solutions ICE’s executive president, Marco Acuña, revealed plans for a new biogas production strategy that will convert […] The post ICE Unveils Biogas Plan to Combat Costa Rica’s Growing Waste Management Crisis appeared first on The Tico Times | Costa Rica News | Travel | Real Estate.

The Costa Rican Electricity Institute (ICE) is taking bold steps to address the country’s mounting landfill crisis with an innovative biogas initiative that could transform waste management across the nation. Turning Waste into Energy: ICE’s Vision for Sustainable Solutions ICE’s executive president, Marco Acuña, revealed plans for a new biogas production strategy that will convert organic waste into renewable energy. The project, aimed at implementation within five to six years, could provide a much-needed solution to Costa Rica’s waste management challenges. The initiative comes at a critical time, as Costa Rica grapples with depleting sanitary landfills and ineffective recycling practices. According to a 2016 Comptroller General report, merely 1% of the country’s waste undergoes recycling, highlighting the urgent need for alternative solutions. ICE’s experience with biogas already shows promise. Their existing facility at La Uruca’s EBI plant successfully generates 140 kilowatts of energy from landfill gas, which is fed directly into the national grid. The new project aims to expand on this success, targeting the 53% of Costa Rica’s waste that consists of organic matter. Acuña also points to additional opportunities, suggesting that non-recyclable waste could serve as industrial fuel, further maximizing resource utilization and supporting sustainable waste management practices. The initiative aligns with the Ministry of Health’s “Waste to Energy” plan, which envisions regional waste-to-energy centers throughout Costa Rica. However, despite ICE initiating an eligibility process for such projects in May last year, no proposals have been submitted, revealing ongoing challenges with municipal engagement and infrastructure development. As the Greater Metropolitan Area faces immediate waste management pressures, authorities emphasize the need for quick action. While ICE’s biogas project offers a promising medium-term solution, immediate steps are crucial to protect public health and prevent environmental degradation. The post ICE Unveils Biogas Plan to Combat Costa Rica’s Growing Waste Management Crisis appeared first on The Tico Times | Costa Rica News | Travel | Real Estate.

Why won’t PJM let batteries and clean power bolster a stressed-out grid?

PJM, the largest electric grid operator in the U.S., has a major problem — old, dirty power plants are closing down faster than new clean energy resources can replace them. This mounting grid crisis is already driving up electricity costs for the 65 million people living in PJM’s territory, which stretches from the…

PJM, the largest electric grid operator in the U.S., has a major problem — old, dirty power plants are closing down faster than new clean energy resources can replace them. This mounting grid crisis is already driving up electricity costs for the 65 million people living in PJM’s territory, which stretches from the mid-Atlantic coast to the Great Lakes. By the end of the decade, the situation could become so dire that it threatens the reliability of PJM’s grid. The blame falls in large part on PJM’s worst-in-the-nation grid-interconnection backlog. New energy projects looking to come online in its region face yearslong wait times before they’re even considered. To make matters worse, energy companies and climate advocates say PJM is dragging its feet on one straightforward way to work around this logjam. Existing wind and solar farms and fossil-fired power plants often have more grid capacity than they actually need during many hours of the day or seasons of the year. Developers could add batteries or other new energy capacity next to these power plants and make use of that surplus grid space. It wouldn’t eliminate the trouble altogether, but it would make a serious dent, clean energy developers say. Federal regulators have repeatedly directed grid operators to allow power plant owners to pursue such additions under what’s called ​“surplus interconnection service” (SIS) rules. But PJM has made it next to impossible for power suppliers to do so, even as most other U.S. grid operators have abided. Critics say PJM’s refusal to follow suit is particularly frustrating: By barring this faster approach, PJM is making its bad grid situation worse. That’s why those critics are asking for federal intervention. This summer, clean energy industry groups and environmental advocates asked the Federal Energy Regulatory Commission to deny the interconnection reform plan submitted by PJM, which was required by last year’s FERC Order 2023. Among their objections to PJM’s plan is its refusal to change the rules it now uses to deny these fast-track additions. In July, renewable energy and battery developer EDP Renewables (EDPR) filed a complaint with FERC asking it to overturn PJM’s denial of its plan to add solar to a wind farm in Indiana. It’s just one of the failed surplus interconnection proposals the developer has brought to the grid operator. Trade groups Advanced Energy United, the American Clean Power Association, and the Solar Energy Industries Association; the environmental group Sierra Club; and fellow clean energy developers Invenergy Solar Development North America and EDF Renewables added their support to EDRP’s complaint. “We go to PJM and say, ​‘Look at this amazing deal. We already have the capacity. Our transmission system is underutilized during the periods we need it. Let’s connect this,’” David Mindham, EDPR’s director of regulatory and market affairs, said during a September webinar. ​“And they say no.” Getting more round-the-clock use out of the grid Mindham’s comments came during a presentation of a report from Gabel Associates, commissioned by the American Council on Renewable Energy (ACORE) and other clean energy industry groups, detailing the potential for using this technique to help PJM meet its growing shortage of electricity generation. The focus of the presentation was on surplus interconnection service, the technical term for what is a fairly simple concept: Let energy projects use the grid interconnection capacity they already possess to its fullest potential. Many energy projects don’t use their maximum capacity all 8,760 hours of the year. So-called ​“peaker” plants — fossil-gas-fired power plants that are turned on only during times of high electricity demand — may run just 250 to 1,500 hours per year, for example. And wind and solar farms generate their full capacity only when the wind is blowing or the sun is shining. That leaves plenty of hours when these projects aren’t using their maximum allowed grid capacity — their ​“interconnection service,” in FERC parlance. Surplus interconnection service can fill in those gaps. Mike Borgatti, Gabel Associates’ senior vice president of wholesale power and markets services and co-author of the report, offered the example of a 100-megawatt solar farm that could add batteries to store power during the day and send to the grid after the sun goes down. “At the end of the day, you would end up with 100 megawatts of energy that could be supplied by any combination of solar and storage,” he said. ​“It could be 100 percent storage at some points in time; it could be 100 percent solar at others. It could be, say, 50 megawatts of solar and 50 megawatts of storage. As long as whatever combination of outputs never exceeds 100 megawatts, we’re good to go.” FERC made clear in 2018’s Order 845 and in last year’s Order 2023 that grid operators must enable surplus interconnection service, Borgatti added. And PJM needs to ​“accelerate new entry from high-capacity-value resources, and we need to do it very quickly.” PJM has about 180 gigawatts of total generation capacity. Of that, 43 to 58 gigawatts are expected to shut down by 2030, according to a March report from its independent market monitor. Meanwhile, electricity demand is forecast to rise at a rapid rate, with an estimated 40 gigawatts of new load expected by 2030. Despite these pressures, new power plant construction has stalled. About 160 gigawatts’ worth of projects that are trying to connect to the grid — almost all of them wind, solar, or batteries — are stuck in the interconnection queue. Borgatti estimated that without changes, only about 6.3 gigawatts of ​“stuff we need” can be built by 2030. That’s not enough to make up for PJM’s growing electricity demand and shrinking power plant fleet. The upshot, he said, is that PJM faces an impending ​“resource adequacy shortfall” — a gap between forecasted energy supply and peak demand — of nearly 4 gigawatts by 2029, he said. The underlying barrier is that PJM hasn’t expanded its transmission grid quickly enough to accommodate more energy resources, Borgatti said. That’s a problem bedeviling grid operators across the country, and one FERC has ordered them to solve. But building new transmission lines still takes years to up to a decade. In the face of this grid-capacity challenge, SIS projects are a neat workaround, Borgatti said. Because they make use of previously approved grid capacity, they can undergo an expedited study process that circumvents the standard interconnection queue. That accelerated timeline takes only 270 days, meaning that these projects could go from proposal to construction ​“within less than a year, theoretically.” What’s more, batteries added to solar and wind farms can store power when the grid doesn’t need it and discharge it when it’s in short supply — something that’s already happening regularly in California and Texas. Batteries can also help meet fast-rising demand from corporate energy buyers like data center developers for clean energy that matches up with their power usage on an hour-by-hour basis, EDPR’s Mindham said.

Exxon Mobil says advanced recycling is the answer to plastic waste. But is it really?

Exxon Mobil has touted 'advanced recycling' as a groundbreaking technology that will turn the tide in our plastic crisis. California says it's a lie.

When California Atty. Gen. Rob Bonta filed suit against Exxon Mobil and accused the oil giant of misleading the public about the effectiveness of plastic recycling, many of the allegations surrounded the company’s marketing of a process called “advanced recycling.”In recent years — as longstanding efforts to recycle plastics have faltered — Exxon Mobil has touted advanced recycling as a groundbreaking technology that will turn the tide on the plastic crisis. Company officials and petrochemical trade organizations have used the phrase in radio spots, TV interviews and a variety of marketing material online. In a 2021 blog post, Exxon Mobil president of product solutions Karen McKee painted a particularly promising picture. “Imagine your discarded yogurt containers being transformed into medical equipment for your next doctor’s appointment, and then into the dashboard of your next fuel-efficient car.”But despite its seemingly eco-friendly name, the attorney general’s lawsuit denounced advanced recycling as a “public relations stunt” that largely involves superheating plastics to convert them into fuel. At Exxon Mobil’s only “advanced recycling” facility in Baytown, Texas, only 8% of plastic is remade into new material, while the remaining 92% is processed into fuel that is later burned. Bonta’s lawsuit seeks a court order to prohibit the company from describing the practice as “advanced recycling,” arguing the vast majority of plastic is destroyed. Many environmental advocates and policy experts lauded the legal action as a major step toward ending greenwashing by Exxon Mobil — the world’s largest producer of single-use plastic polymer.“There’s nothing ‘advanced’ about it,” said Jane Williams, executive director of California Communities Against Toxics. “It’s a deception. It’s been a deception for half a century. If they were going to be able to recycle plastic polymer back into virgin resin, they would have done it already. But they are using the same technology we’ve had since the Industrial Revolution. It’s a coke oven, a blast furnace.”As more research has emerged on the limitations of plastics recycling, the revelations have shaken the public’s confidence about what to put in their blue, curbside recycling bins. “The public perception of what’s recyclable with respect to plastic doesn’t match reality,” said Daniel Coffee, a UCLA researcher who studied plastic waste in Los Angeles County. “Recycling, for so long, was thought of as this perfectly crafted solution to single-use plastics. And the clearest answer as to why, is that the public was told so. They were told so, in large part, by an industry-backed misinformation campaign.”Advanced recycling, which is also called chemical recycling, is an umbrella term that typically involves heating or dissolving plastic waste to create fuel, chemicals and waxes — a fraction of which can be used to remake plastic. The most common techniques yield only 1% to 14% of the plastic waste, according to a 2023 study by the National Renewable Energy Laboratory. Exxon Mobil has largely used reclaimed plastic for fuel production while ramping up its virgin plastic production, according to Bonta.“You’re essentially drawing oil up, turning it into plastic, and then having to burn more oil to turn that plastic back into oil, which you then burn,” Coffee said.Bonta alleges Exxon Mobil has had a patent for this technology since 1978, and the company is falsely rebranding it as “new” and “advanced.” The practice was tested in the 1990s, but did not continue beyond the trial phase. It recently reemerged after the company learned that the term “advanced recycling” resonated with members of the public at a time of increasing concern over increasing amounts of plastic waste. In December 2022, it announced the start of an advanced recycling program. In a 2023 interview with a Houston television station, an Exxon Mobil representative touted the Baytown facility.“When [customers] buy a plastic product off the shelf, they want to know that it’s sustainable,” the Exxon Mobil employee said. “This is a huge game change for the industry — but I would say society in general.”In response to Bonta’s lawsuit, Exxon Mobil said its Baytown facility has processed 60 million pounds of plastic into “usable raw materials” that otherwise would go to landfills. Experts say that figure pales in comparison with the company’s 31.9 billion-pound annual production capacity.Nationwide, the Baytown plant is one of about five facilities that break plastics down by exposing them to high heat, according to the Last Beach Cleanup, a nonprofit working on plastic pollution. California has adopted some of the nation’s most strict laws to reduce single-use plastics. Perhaps the most consequential, SB 54, requires the state to sell 25% less single-use plastic packaging and foodware. It also prohibits waste incineration and similar practices from being counted as recycling. Because most plastics cannot be recycled, state officials have struggled to figure out how to dispose of this material. California had previously exported much of its plastic waste to China. But China has banned the import of most foreign plastics, nearly eliminating the market for used plastic.In 2021, about 5.4 million tons of plastic waste was taken to California landfills, according to the latest state disposal data. That same year, more than 625,000 tons of trash was sent to so-called “transformation” facilities, where waste is incinerated, or burned in the absence of oxygen (a process called pyrolysis). California does not track data on how much of this incinerated waste was plastic, according to CalRecycle, the state agency that oversees waste management. The state also doesn’t keep detailed information on how much plastic waste is exported to other states and how they process it.“California’s vision for a waste-free future is focused on reducing waste, reuse, and intentionally designing products that flow back into the system for efficient collection and remanufacturing into new products,” said Maria West, a spokesperson for CalRecycle.If the state is earnest in its pledge to eliminate waste, environmental advocates say the state needs to phase out single-use plastics.“You can’t do anything with plastic but landfill it or burn it,” said Williams. “You can try to repurpose it, but you’ll never compete with virgin stock. And even then, you have to shred it, make it into pellets and feed it into a blast furnace. How is that good for the climate? How is that better than coal?” Newsletter Toward a more sustainable California Get Boiling Point, our newsletter exploring climate change, energy and the environment, and become part of the conversation — and the solution. You may occasionally receive promotional content from the Los Angeles Times.

Some in this California beach town insist the Tijuana River is poisoning them. Officials disagree

The Tijuana River has been polluted for decades, but in recent years, south San Diego residents say the smell — and their respiratory illnesses — has gotten worse.

IMPERIAL BEACH, Calif. —  The Tijuana River should not be flowing this time of year. But throughout the dry season, it has — delivering millions of gallons a day of an unnatural mix of water, neon green sewage and industrial waste from Tijuana through the city of Imperial Beach to the Pacific Ocean. This 4.4-square-mile beach town of 27,000 largely working-class and Latino residents, sitting just south of San Diego, is appealingly affordable. But it also bears the brunt of Tijuana’s population boom.Its beaches just reopened last weekend, after having been closed for more than 1,000 days because of ocean bacteria levels that are a hundred times higher than safe amounts. The stench of rotting eggs after dark is overwhelming for south San Diego residents, keeping some awake all night. A family with a small child sits on the sand next to the Imperial Beach Pier. In the distance a yellow sign warns beachgoers to stay out of the water. (Jireh Deng / Los Angeles Times) Pollution in the river has been an entrenched environmental crisis for decades, with all sides pointing fingers at one another. Residents blame politicians for failing to find a solution. Local politicians blame Congress for not funding improvements in the South Bay International Wastewater Treatment Plant, which processes raw sewage from Tijuana. The federal government blames Mexico for lax sewage regulations. The International Boundary and Water Commission says it’s not its job to collect the wastewater from unknown sources that flows into the Tijuana River. Complicating matters further: Researchers and county officials are sharply split on whether the stench is simply a nuisance or a danger to public health. Some help is on the way, potentially. Mexico’s new wastewater treatment plant is set to open this month, and there are plans to double the capacity of the South Bay International Wastewater Treatment Plant, although that project will take five years. Ángel Granados points at the pollution in the Tijuana River under Hollister Street. (Jireh Deng / Los Angeles Times) Meanwhile, residents and the mayor of Imperial Beach say they are plagued with unexplained and more acute illnesses. A persistent cough that wouldn’t disappear. Wheezing in the chest. Migraines and headaches. Stuffy sinuses with an acidic burn in the eyes. Nausea. Diarrhea. And they worry about worse effects on their children. Jeffrey Jackson, who’s lived along the ocean in Imperial Beach for 25 years, said the air “is getting me sick ... it’s stuff in my lungs.” He’s had to clear his lungs in the middle of the night constantly, and his daughter caught pneumonia twice this summer. “I have toilet paper underneath my pillow so I can spit.”Drs. Matt and Kimberly Dickson knew something was awry as well. As residents of Imperial Beach, they were used to treating surfers at the South Bay Urgent Care Center sickened by E. coli and other bacteria after defying beach advisories to stay out of the water. But after Hurricane Hillary and the atmospheric rivers of February, they noticed more patients arriving at their doors with similar symptoms — diarrhea, viral infections, vomiting, stomachaches — who hadn’t touched the contaminated water. Ramon Chairez crouches above a pipe channeling fluids from the Tijuana River, which should be dry during this time of year. (Jireh Deng / Los Angeles Times) The Dicksons tried to raise alarms to San Diego County’s public health officials, but ultimately the county decided there was no direct correlation between the flood of sewage that poured into the river and the ailments that residents developed.Frustrated, the Dicksons contend that the public health response has been slow because people are just becoming violently ill, not dying. “I feel like the patients down here are being treated like the canary in the coal mine,” Matt Dickson said. County health officials didn’t respond to a request for comment about health concerns in the Tijuana River Valley. Kimberly Prather, the director of the Center for Aerosol Impacts on Chemistry of the Environment at UCSD’s Scripps Institution of Geography, was not so quick to dismiss the doctors’ concerns. Her previous research had shown that bacterial microbes could become airborne pathogens in sea spray. Now she wanted to prove that the polluted water was also polluting the air. David Jarma, a field researcher from the University of Texas at Austin, takes dust samples from a patio in Imperial Beach. (Jireh Deng / Los Angeles Times) In August, Prather joined forces with other researchers, including San Diego State University’s Paula Granados, an expert in cross-border pollution, to perform one of the largest studies ever jointly conducted on the Tijuana River Valley. The researchers started pulling samples from the air, river mouth, groundwater, soil and even the green beans grown in a local community garden to check for pollutants after they found concerning levels of hydrogen sulfide — upward of 30 parts per million — and hydrogen cyanide near the Tijuana River. (The Occupational Safety and Health Administration limits exposure for industrial workers to 20 parts per million.)But the San Diego County Air Pollution Control District conducted its own studies, which found less pollution — 0 to 16 parts per million of hydrogen sulfide in Imperial Beach, along with safe levels of hydrogen cyanide. Supervisor Nora Vargas’ office said in an email that “there is no imminent threat to public health from hydrogen cyanide and hydrogen sulfide.” Nevertheless, her office also passed out 400 free air purifiers to community members in the South Bay to help alleviate the smell.The EPA, the California Department of Public Health and Gov. Gavin Newsom’s office have all said that the hydrogen sulfide is a nuisance but doesn’t pose any immediate risk for residents. “It’s not a situation where you’re accumulating a bunch of the toxin into your body and it’s causing damages to your organs,” said Dr. Cyrus Rangan, a medical toxicologist with the California Department of Public Health, though he did concede that even temporary symptoms over long periods of time could degrade a resident’s quality of life. “These problems generally are not permanent problems. They can become persistent problems if you continue to experience the odors.” Eric Biggs walks his horse on Saturn Boulevard where it passes over the Tijuana River, a spot frequently traversed by local residents. “Look, take a deep breath” is written in chalk on the asphalt, with an arrow pointing to the riverbed. (Jireh Deng / Los Angeles Times) Prather argued that county and state officials fail to understand the severity of the situation, saying, “Just based on gases alone, this is a toxic pit.”Her research still needs to be peer reviewed, but Prather said she’s confident her work is on the verge of finding proof that bacteria in the water are becoming aerosolized and making people sick. The results should also confirm a direct correlation between the increase in sewage flow in the Tijuana River and higher rates of airborne hydrogen sulfide and health complaints, she said. There have been very few studies on the long-term effects of hydrogen sulfide exposure in human populations because testing on people would be unethical. Rangan said that there aren’t data yet on whether pathogens in the Tijuana River can be aerosolized and affect residents but that the state health department is working with doctors from the Centers for Disease Control and Prevention to do more research. Imperial Beach Mayor Paloma Aguirre wears a mask while standing on Hollister Street, where the sewage underneath the bridge has turned the water black. Aguirre went to the emergency room fearing she was having a heart attack and was told she had lung inflammation. (Jireh Deng / Los Angeles Times) Meanwhile, the Dicksons have been joined by other doctors who are concerned as well. Prather’s work has identified a hot spot around Saturn Boulevard where more than half a dozen schools are located in a 1.5-mile radius around the river. San Diego Pediatricians for Clean Air has called on public officials to take precautionary measures to protect children, who breathe more rapidly, have a larger lung-to-body-mass ratio and would be more vulnerable to hydrogen sulfide poisoning. Hydrogen sulfide exposure has neurological effects as well, including memory loss, fatigue and loss of balance. More than half a dozen schools are within 1.5 miles of a hotspot for noxious odors emanating from the Tijuana River. (Courtesy of Kimberly Prather) Perla Rosales, an Imperial Beach resident who works as an executive assistant for California Quality Drywall Services, has two children, 11 and 4 years old, in the South Bay Union School District. Her younger child, Azariel, has been suffering from a persistent cough at school. “The school called me to ask if he had asthma because he was coughing a lot,” Rosales said. During last week’s heat wave, SBUSD informed parents that all outdoor activities were canceled, physical education classes and recess were moved indoors, and air scrubbers were on all day. “[His] teacher told me she had a lot of students sick in the last weeks,” she added. Rosales lived in Tijuana three years ago with her family but had never smelled the river like this before. Knowing that her son has been exposed to hydrogen sulfide has her worried about his cough “because he usually is a healthy boy.”Over the years, residents have seen the ecosystem change into an unrecognizable landscape — once clear ponds stocked with fish are now gray cesspools filled with white foam that is visible even in Google’s satellite images. Surfers have seen dead birds and occasionally dead dolphins washed ashore. Residents still fish every day off the Imperial Beach pier for food, unaware that heavy metals have been found in the ocean. A satellite image from Google shows white foam next to Saturn Boulevard where it passes over the Tijuana River. (Google) Marvel Harrison, who sits on Imperial Beach’s Tijuana River Pollution Task Force, lives on the beach next to the Imperial Beach Pier with her husband. She has become the reluctant lead plaintiff of a new class-action lawsuit against Veolia Water North America, the private company running the South Bay International Wastewater Treatment Plant. Filed on Jan. 6, the lawsuit claims that Veolia’s failure to address pollution at the beach depreciated the value of residents’ properties and prevented them from enjoying the ocean. The suit seeks $300 million in damages, but Harrison said the goal is to bring attention to the environmental crisis, not to collect a huge check. (Jireh Deng / Los Angeles Times) Harrison — who saved up enough money with her husband, a former pediatrician, to build a $3-million home — understands she’s part of a wealthy minority in her town. “The people of privilege are the ones that are using their voice in a respectful way to give voice to people who haven’t had it,” the 67-year-old former counseling psychologist said. “It’s not like anybody can just get up and move to a different part of town or buy a house or buy themselves an AC unit,” Imperial Beach Mayor Paloma Aguirre said. “These are working families. There’s many of them, paycheck to paycheck, so that’s why we need help.”In 2021, thousands of Los Angeles County residents living near the Dominguez Channel received vouchers to relocate after a warehouse fire caused a hydrogen sulfide stink. Assemblymember David Alvarez (D-San Diego) is one of the local representatives who’s written to Newsom twice, asking for a state of emergency. He believe it could help with short-term solutions, like temporarily relocating his constituents.“You never recover if this happens every single day,” Alvarez said of the smell that he said has become progressively worse since his time as a San Diego City Council member. But he said the federal government has its role to play as well in cleaning up the riverbed. “This is going to require a tremendous amount of remediation, and something like a Superfund [site designation], I believe, is appropriate.” Paula Granados tests the groundwater at Gabriel Uribe’s property, where Uribe’s dogs have been throwing up and his horses have been losing weight. (Jireh Deng / Los Angeles Times) Sen. Alex Padilla (D-Calif.) and Reps. Juan Vargas (D-San Diego) and Scott Peters (D-San Diego) just announced a renewed effort to pass the Border Water Quality Restoration and Protection Act, which Vargas and the late Sen. Dianne Feinstein also introduced in the last two Congresses. As for the state agencies that continue to say the air is safe for residents to breathe, the Dicksons encourage public officials to stay overnight and experience what the people in Imperial Beach experience.“It’s not just a nuisance smell. It’s not just an odor. Your eyes burn, hurts to breathe, you get a sore throat. You’re vomiting,” Kimberly Dickson said. “If [Newsom] were to come down here and spend one night at the home of one of our residents that lived by the river that’s exposed to hydrogen sulfide for 24 hours, he probably would declare a state of emergency.”

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