[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3310 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3310
To authorize certain actions to address the comprehensive treatment of
sewage emanating from the Tijuana River in order to substantially
reduce river and ocean pollution in the San Diego border region.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 10, 1999
Mr. Filner introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on International Relations, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize certain actions to address the comprehensive treatment of
sewage emanating from the Tijuana River in order to substantially
reduce river and ocean pollution in the San Diego border region.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``United States-Mexico Border Sewage
Cleanup Act of 1999''.
SEC. 2. FINDINGS.
(a) In General.--The Congress finds that it is necessary to take
appropriate actions to address the comprehensive treatment of sewage
emanating from the Tijuana River in order to substantially reduce river
and ocean pollution in the San Diego border region.
(b) Factors.--Congress bases the finding under subsection (a) on
the following factors:
(1) The San Diego border region is adversely impacted from
cross border raw sewage flows that affect the environment and
the health and safety of citizens in the United States and
Mexico.
(2) The United States and Mexico have agreed, pursuant to
the Treaty for the Utilization of Waters of the Colorado and
Tijuana Rivers and of the Rio Grande, dated February 3, 1944,
``to give preferential attention to the solution of all border
sanitation problems''.
(3) The United States and Mexico recognize the need for
utilization of reclaimed water to supply the growing needs of
the City of Tijuana, Mexico, and the entire border region.
(4) Current legislative authority regarding funding of the
IWTP limits the geographic scope of proposed options for
treatment of effluent from the IWTP.
(5) This Act provides authority to take action to address
the comprehensive treatment of sewage emanating from the
Tijuana River in order to substantially reduce river and ocean
pollution in the San Diego border region and to exploit
effective reclamation opportunities.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) Subject to the negotiation and approval of a new or
modified Treaty Minute, to authorize the Commission to provide
for secondary treatment of effluent of the IWTP in Mexico.
(2) Subject to the negotiation and approval of a new or
modified Treaty Minute, to authorize the Commission to provide
for the development of a privately-funded Mexican Facility,
through the execution of a fee-for-services contract with the
owner of such facility, in order to provide for--
(A) secondary treatment of effluent from the IWTP,
if such treatment is not provided for at a facility in
the United States; and
(B) additional capacity for primary and secondary
treatment of up to 50 million gallons per day of sewage
in order to fully address the trans-border sanitation
problem.
(3) To request the Secretary to initiate negotiations with
Mexico, within 60 days after the date of the enactment of this
Act, for a new Treaty Minute, or a modification of Treaty
Minute 283, so as to allow for the siting of sewage treatment
facilities in Mexico, provide for additional treatment capacity
(up to 50 million gallons per day) for the treatment of
additional sewage emanating from the Tijuana area, and to
address other matters necessary for compliance with the
provisions of this Act.
(4) To provide such other authority as may be necessary to
implement a comprehensive solution to the trans-border
sanitation problem as soon as practicable.
SEC. 4. ACTIONS TO BE TAKEN BY COMMISSION.
(a) Authority To Provide for Secondary Treatment.--Subject to the
negotiation and conclusion of a new Treaty Minute or the amendment of
Treaty Minute 283, and notwithstanding section 510(b)(2) of the Water
Quality Amendments Act of 1987, the Commission is authorized to provide
for the secondary treatment of effluent from the IWTP in Mexico.
(b) Authority to Enter Into Contract With Mexican Facility.--
(1) In general.--Notwithstanding any other provision of
law, to provide for sewage treatment in Mexico, the Commission
is authorized to enter into a fee-for-services contract with
the owner of the Mexican Facility.
(2) Requirements for contract.--The fee-for-services
contract referred to in paragraph (1) shall provide for the
following:
(A) The secondary treatment of effluent from the
IWTP, if such treatment is not provided for at a
facility in the United States.
(B) The primary and secondary treatment of up to 50
million gallons per day of additional sewage from the
Tijuana area so as to ensure to the extent possible
that untreated sewage will not flow into the United
States through the Tijuana River.
(C) Transportation of the advance primary effluent
from the IWTP to the Mexican Facility for secondary
treatment.
(D) Treatment of effluent from the IWTP to the
secondary level in a manner that is in compliance with
applicable water quality laws of the United States,
California, and Mexico.
(E) Return conveyance of any such treated effluent
that cannot be reused in either Mexico or the United
States to the South Bay Ocean Outfall for disposition
into the Pacific Ocean.
(F) Sewage treatment capacity which provides for
primary and secondary treatment of up to 50 million
gallons per day of sewage in addition to the capacity
required to treat the advanced primary effluent from
the IWTP.
(G) A contract term of 30 years.
(H) Appropriate arrangements for the monitoring and
verification of compliance with applicable United
States, California, and Mexican water quality
standards.
(I) Arrangements for the appropriate disposition at
a location or locations in Mexico of sludge produced
from the IWTP and the Mexican Facility.
(J) Payment of appropriate fees by the Commission
to the owner of the Mexican Facility for sewage
treatment services with the annual amount payable to
reflect all costs associated with the development,
construction, operation, and financing of the Mexican
Facility.
(K) Provision for transfer of ownership of the
Mexican Facility to the United States if the Commission
fails to perform its obligations under the fee-for-
services contract, and provision for a cancellation fee
by the United States to the owner of the Mexican
Facility, which shall be established in amounts
declining over the term of the contract anticipated to
be sufficient to repay construction debt and other
amounts due to the owner that remain unamortized due to
early termination of the contract.
SEC. 5. NEGOTIATION OF NEW TREATY MINUTE.
(a) Congressional Statement.--In light of the existing threat to
the environment and to public health and safety within the United
States as a result of the river and ocean pollution in the San Diego
United States-Mexico border region, the Secretary is requested to give
the highest priority to the negotiation and execution of a new Treaty
Minute, or a modification of Treaty Minute 283, consistent with the
provisions of this Act, in order that the other provisions of this Act
to address such pollution may be implemented as soon as possible.
(b) Negotiation.--The Secretary is requested to initiate, not later
than 60 days after the date of the enactment of this Act, negotiations
with Mexico for a new Treaty Minute or a modification of Treaty Minute
283 consistent with the provisions of this Act.
(c) Terms of Treaty Minute.--A new Treaty Minute or a modification
of Treaty Minute 283 under this section shall address the following:
(1) A requirement that such new or modified Treaty Minute
be subject to the provisions of the National Environmental
Policy Act of 1969 (NEPA).
(2) The ability to site treatment facilities in Mexico and
in the United States.
(3) The ability to carry out at the Mexican Facility the
secondary treatment of effluent from the IWTP, if such
treatment is not provided for at a facility in the United
States.
(4) The ability to carry out at the Mexican Facility the
primary and secondary treatment of sewage at a capacity up to
50 million gallons per day, in addition to the capacity for the
advanced primary effluent from the IWTP, to be funded by the
United States.
(5) The ability to obtain such approvals from the
Government of Mexico as are needed to verify and enforce water
quality standards at the Mexican Facility.
(6) The ability to allow for the use in the United States,
in a manner consistent with applicable Federal and State law,
of treated effluent from the Mexican Facility, if there is
reclaimed water that is surplus to the needs of users in
Mexico.
(7) Any other terms and conditions considered necessary by
the Secretary in order to fully implement the provisions of
this Act.
SEC. 6. LIMITATION ON USE OF FUNDS.
(a) Limitation.--Except as provided in subsection (b), none of the
funds appropriated for any fiscal year to the Environmental Protection
Agency may be used for making grants authorized under section 510 of
the Water Quality Act of 1987 that exceed a total of $239,400,000, and
the Administrator of the Environmental Protection Agency shall take no
action to obligate any funds under such section if the impact on the
total program cost to the Environmental Protection Agency of such
action would exceed $239,400,000.
(b) Exception.--The limitations under subsection (a) do not apply
if the Governments of the United States and Mexico enter into a new
Treaty Minute or a renegotiation of Treaty Minute 283 that gives effect
to the provisions specified in section 5(c).
SEC. 7. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the United
States section of the International Boundary and Water
Commission, United States and Mexico.
(2) IWTP.--The term ``IWTP'' means the Advanced Primary
Wastewater Treatment Facility constructed under the provisions
of the Federal Water Pollution Control Act of 1987, section 510
of the Water Quality Amendments Act of 1987, and Treaty Minutes
to the Treaty for the Utilization of Waters of the Colorado and
Tijuana Rivers and of the Rio Grande, dated February 3, 1944.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
(4) Mexican facility.--The term ``Mexican Facility'' means
the proposed public/private wastewater treatment facility to be
constructed within Mexico for the purpose of treating sewage
flows generated within Mexico, which flows impact the surface
waters, health, and safety of the United States and Mexico.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
<all>