FOR IMMEDIATE RELEASE DATE: 12/05/2024 Media Contact:
Spencer Higgs
Communications Manager, San Diego Coastkeeper
San Diego Coastkeeper and CERF Intend to Sue SeaWorld
Over “Shocking Amounts” of Fireworks Pollution in Mission
Bay
SeaWorld’s unlawful discharges violate multiple provisions of two separate Clean Water Act permits.
SAN DIEGO, Calif. – The Coastal Environmental Rights Foundation (CERF) and San Diego Coastkeeper (Coastkeeper) have initiated a citizen suit enforcement action against SeaWorld Parks & Entertainment, Inc. and Sea World LLC (collectively SeaWorld) for ongoing Clean Water Act violations in and around Mission Bay.
The notice of intent to sue letter ( Notice Letter ) addresses numerous violations of both SeaWorld’s Fireworks Permit and Waste Discharge Permit.
Fireworks Discharge Violations
SeaWorld hosts up to 150 fireworks shows per year, each of which fires anywhere between 250 to 1,750 fireworks shells directly over Mission Bay. The Notice Letter describes “shocking amounts” of evidence collected from the waters surrounding SeaWorld’s fireworks launch barge.
SeaWorld routinely discharges plastic caps, wires, trash, and other chemical laden debris into Mission Bay in violation of multiple requirements of the regional Fireworks Permit, and fails to follow its own post-event cleanup protocols. Adding to the list of violations, SeaWorld allows embers, malfunctioning fireworks, wires and ignitors to fall into the bay while still burning.
Among the waste from SeaWorld’s fireworks are sharp wires, broken ignitors, shell casings, caps, shattered plastic, cardboard, and residue from toxic medals, including barium, chromium, cobalt, and copper. This hazardous debris is strewn across Mission Bay’s seafloor and along the beaches of Fiesta Island, an extremely popular recreational area.
“SeaWorld’s flagrant violations of federal law are causing serious harm to Mission Bay’s marine environment, and contradict the company’s stated mission to conserve wildlife worldwide,” said Phillip Musegaas, Executive Director of Coastkeeper. “Their failure to clean up their fireworks mess and inability to properly treat aquarium water before discharging it back into the Bay must end.”
Waste Discharge Violations
SeaWorld also insufficiently treats wastewater from its saltwater aquarium tanks, resulting in elevated levels of several pollutants discharging directly into Mission Bay. SeaWorld has routinely exceeded its effluent limitations for the pollutants total coliform, total suspended solids (“TSS”), copper, and enterococci. As a result, SeaWorld has been out of compliance with its Waste Discharge Permit for at least 500 days since January 1, 2020.
Problems and Consequences
SeaWorld’s multiple, ongoing permit violations result in large volumes of toxic and non-biodegradable debris, and a variety of pollutants ranging from fecal bacteria to heavy metals such as copper and chromium, discharging into Mission Bay. In June 2024, SeaWorld reported discharging hundreds of pounds of debris into Mission Bay in less than a week from just four fireworks shows. Photo and video evidence [LB1] of embers and debris falling into the water from SeaWorld’s permanent fireworks barge show the negative impact of SeaWorld’s 150 fireworks shows on Mission Bay.
Photo evidence collected from Mission Bay and Fiesta Island showing fireworks debris:
https://cerf.org/september-2-2024-seaworld-firework-show/ Photos taken by Natalie Clagett
Such discharges negatively impact Mission Bay’s water quality, ecosystem health, food webs, biodiversity, public health, and the public’s ability to generally use and enjoy this unique recreational aquatic park. This Notice Letter adds to mounting public pressure from SeaWorld’s neighbors, veterans, and conservationists who have voiced concerns about the fireworks’ resulting noise, air quality, bird and other wildlife, mental health, and domestic animal impacts.
“SeaWorld has known about the discharges and debris on Fiesta Island for years,” said Livia Beaudin, partner at Coast Law Group, attorneys for Coastal Environmental Rights Foundation. “SeaWorld even has permits to conduct drone shows which result in zero discharge to Mission Bay, but it continues to choose profits over people and wildlife.” Historical Context for Clean Water Act Permitting for Fireworks Over Water Thanks to progressive litigation and advocacy work dating back to the early 2000s, Coastkeeper and CERF were integral in requiring Clean Water Act permits for over-water firework displays.
Historical Context for Clean Water Act Permitting for Fireworks Over Water
Thanks to progressive litigation and advocacy work dating back to the early 2000s, Coastkeeper and CERF were integral in requiring Clean Water Act permits for over-water firework displays.
These advocacy efforts drove the nation’s first permits regulating the discharge of fireworks under the Clean Water Act.
About Coastkeeper
Founded in 1995, San Diego Coastkeeper safeguards our region’s inland and coastal waters through a strategic blend of community science, education, grassroots outreach, policy advocacy, and legal enforcement of environmental laws. This approach allows us to effectively tackle the most pressing water issues facing our region. For more information, visit sdcoastkeeper.org.
About Coastal Environmental Rights Foundation
CERF is an environmental nonprofit founded in 2008 by surfers in Encinitas, CA. CERF is dedicated to the preservation, protection, and defense of the environment, the wildlife, and the natural resources of the California Coast. To learn more, visit www.cerf.org.
