BINATIONAL HAZARDOUS MATERIALS 

EMERGENCY PLAN 

MODIFICATION 

AMONG 

CITY OF EL PASO, TEXAS 

SUNLAND PARK, NEW MEXICO 

MUNICIPALITY OF JUAREZ, CHIHUAHUA 

AND 

YSLETA DEL SUR PUEBLO 

August 2009 

FINAL

1 
Table of Contents 

Section Page 

Acknowledgements...................................................................3 

Foreword..............................................................................7 

Memorandum of Understanding.....................................................8 

Appendix.............................................................................16

2 
Acknowledgements 

The original plan (signed June 15, 2007) was prepared by a Steering Committee 

for the communities of the City of El Paso, Texas, the City of Sunland Park, 

New Mexico, and Municipality of Juárez, Chihuahua, Mexico. This updated 

plan was prepared by Steering Committee members of the three cities and the 

Pueblo. Steering committee members include: 

CITY OF EL PASO, TEXAS:

Robert D. Andrade, Executive Assistant to Mayor John Cook, City of El Paso 

Fire Chief Otto Drozd, Chief of El Paso Fire Department 

Chief Carlos Carmona, Assistant Fire Chief of the El Paso Fire Department 

Lt. Richard Gonzalez, Assistant Coordinator, El Paso Fire Department, Office of 

Emergency Management 

MUNICIPALITY OF JUAREZ, CHIHUAHUA, MEXICO: 

Bernardo Escudero Ortega, Director of Office of Ecology and Civil Protection, 

Municipality of Juárez, Chihuahua, Mexico 

Guadalupe Sandoval Castro, Civil Protection, Fire Chief of the Municipality of 

Juárez Fire Department 

CITY OF SUNLAND PARK, NEW MEXICO

Andres Burciaga, Fire Chief for the City of Sunland Park 

YSLETA DEL SUR PUEBLO

Josué García, Coordinator, Office of Emergency Management, Ysleta Del Sur 

Pueblo 

Evaristo Cruz, Director, Environmental Management Office, Ysleta Del Sur 

Pueblo 

3 
Jose Lopez, Environmental Assistant, Environmental Management Office, 

Ysleta Del Sur Pueblo 

The Steering Committee would like to thank the following people for their 

assistance in updating the plan: 

CITY OF EL PASO, TEXAS:

Ellen Smyth, Director of Environmental Services, City of El Paso, Texas. 

Battalion Chief Ralph Johnson, El Paso Fire Department, Office of Emergency 

Management 

Lt. Steven Cordova, El Paso, Fire Department, Office of Emergency 

Management 

Chief Chris Celaya, Division Chief, El Paso Fire Department 

MUNICIPALITY OF JUAREZ, CHIHUAHUA, MEXICO:

Luís Rodríguez, Civil Protection, Municipality of Juárez Fire Department

Lic. Alberto Barrios Ochoa, Municipality of Juárez, Director of Protección Civil 

José de Jesús Gamboa, Protección Civil, Departamento de Bomberos del 

Municipio de Juárez, Chihuahua, México 

UNITED STATES CONSULATE:

Raymond G. McGrath, Consul General, U.S. Consulate General, Ciudad Juárez, 

Chihuahua, México 

 

REPRESENTED BY: 

Ryan Reid, Vice Consul, U.S. Consulate General, Ciudad Juárez, Chihuahua, 

México 

4 
MEXICAN CONSULATE:

Roberto Rodriguez Hernandez, Consul General of México in El Paso, Texas 

REPRESENTED BY:

Guillermo Reyes, Consul, and Gisele Ludlow Fernández, Consul for Political 

and Border Issues, Mexican Consulate in El Paso, Texas

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 6:

Dr. Carlos A. Rincón, Director of EPA Region 6 Border Office, El Paso, Texas 

Maria Sisneros, Environmental Engineer, EPA Region 6 Border Office, El Paso, 

Texas 

James Staves, Federal On-Scene Coordinator (FOSC), U.S. Environmental 

Protection Agency, Dallas, Texas 

Paige Delgado, Federal On-Scene Coordinator (FOSC), U.S. Environmental 

Protection Agency, Dallas, Texas 

SECRETARIA DE MEDIO AMBIENTE Y RECURSOS NATURALES 

(SEMARNAT):

Biol. Gerardo Tarín Torres, Office of Atmosphere Contaminants as relating to 

Border 2012, in Ciudad Juárez, Chihuahua 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:

Lorinda Gardner, Regional Director, Region 6 TCEQ, El Paso, Texas 

Kent Waggoner, Section Manager, Region 6 TCEQ, El Paso, Texas 

Jose L. Ojeda, Emergency Response Coordinator, Region 6 TCEQ, El Paso, 

Texas

Eugenia Posada, IGR/Border Affairs, Region 6 TCEQ, El Paso, Texas 

5 
NEW MEXICO ENVIRONMENT DEPARTMENT:

Tom Ruiz, Border/Environmental Justice Liason, New Mexico Environment 

Department 

6 
BINATIONAL HAZARDOUS MATERIALS 

EMERGENCY PLAN AMONG 

CITY OF EL PASO, TEXAS; 

SUNLAND PARK, NEW MEXICO; 

MUNICIPALITY OF JUAREZ, CHIHUAHUA, 

AND 

YSLETA DEL SUR PUEBLO 

Foreword 

In 1999, the United States of America and the United Mexican States signed a Joint 

Contingency Plan (JCP) that established a foundation for cooperative efforts regarding 

prevention, preparedness, response, and mitigation of hazardous substances releases in the 

border area, which is defined as 62.2 miles (100 km) on either side of the inland international 

boundary. The JCP serves as an umbrella plan, which sets forth a broad framework for 

planning efforts for the 14 Sister City pairs on the U.S. - Mexico border from California 

through Texas. In this Memorandum of Understanding, the signatory municipalities and the 

Pueblo acknowledge the need to develop plans and establish preventive and response 

mechanisms between Sister Cities. They recognize the benefits of cross border response and 

cooperative sharing of resources and manpower in times of national disasters. So too, the 

communities of the City of El Paso, Texas; Sunland Park, New Mexico; the Municipality of 

Juárez, Chihuahua, Mexico; and Ysleta Del Sur Pueblo in El Paso County, Texas recognize 

their need to cooperate with each other in times of local disasters and to take measures to 

reduce risks and mitigate incidents. 

This binational plan calls for increased communication, coordination and cooperation in 

response to an accidental or deliberate hazardous substance release in the border area. Its 

goals and objectives are to more effectively and efficiently utilize resources on both sides of 

the border to prevent and respond to emergency situations to protect public health, 

environment, and property in the border area. 

It is not the intent of this plan to supersede any existing local, state, regional, federal or tribal 

authorities or plan when a disaster or emergency has been declared in the border area, nor to 

create any legal rights or obligations under domestic or international law. Rather, the purpose 

is to complement existing plans and to better serve the local community by creating an 

infrastructure for responding to emergencies.

7 
MEMORANDUM OF UNDERSTANDING 

ON CROSS BORDER COMMUNICATIONS AND EMERGENCY RESPONSE 

STRATEGIES FOR THE COMMUNITIES OF: 

MUNICIPALITY OF JUAREZ, CHIHUAHUA, MEXICO; 

THE CITY OF El PASO, TEXAS, UNITED STATES; THE CITY OF SUNLAND 

PARK, NEW MEXICO, UNITED STATES; AND 

YSLETA DEL SUR PUEBLO, UNITED STATES 

The Municipality of Juárez, Chihuahua, Mexico; the City of El Paso, Texas; the City of 

Sunland Park, New Mexico, and Ysleta Del Sur Pueblo intend to cooperate to effectively 

reduce the risk of threats to the public health, safety and welfare of their communities caused 

by explosions, fires, spills, or releases of hazardous substances into the environment, whether 

accidental or deliberate. This Memorandum of Understanding (“MOU”) is intended to 

reinforce the cooperation among the jurisdictions to assist them in preventing and responding 

more effectively and efficiently to these emergencies, as well as properly and timely notifying 

counterpart agencies in the event of an incident on either side of the international border. 

This MOU takes into account the previously signed sister city agreement between Ciudad 

Juárez, Chihuahua, Mexico and the City of El Paso, Texas, USA, signed in El Paso, Texas on 

April 21, 2005, and the Letter of Intent to establish a sister city agreement between Ciudad 

Juárez, Chihuahua, Mexico and the City of Sunland Park, NM, USA, in Ciudad Juárez, 

Chihuahua signed on October 31, 2006. 

The following statements of principles are intended to serve as a guide to emergency planning 

and response authorities in all four jurisdictions. 

1. Nothing in this memorandum is intended to revoke or diminish the application of 

United States law in the United States or Mexican law in Mexico. 

2. The agencies charged with emergency responsibilities intend to ensure that in areas of 

common concern, plans of all three jurisdictions and the Pueblo for the emergency use 

of manpower, material resources, supplies, systems, and services, where feasible and 

practicable, are compatible and involve mutual training. To this end, and in 

accordance with the Border 2012 program, a Binational Emergency Preparedness and 

Response Task Force is to be established and meet regularly. The Task Force is to 

address planning and preparedness activities, and training needs, and conduct a 

binational exercise to evaluate and improve the coordination of this binational plan. 

3. This MOU does not relieve any of the mentioned municipalities and the Pueblo of the 

obligation to provide protection, against fires or other emergencies, according to their 

respective jurisdictions, and to use reasonable diligence in maintaining all equipment 

in adequate condition according to applicable standards established by their respective 

jurisdictions. 

8 
4. Emergency personnel of the signatory municipalities and the Pueblo are presently 

unable to cross the U.S. – Mexico border to respond to an incident. Roles and 

responsibilities are limited to technical and training assistance, development of 

training exercises, notification and communications and hazardous materials 

information exchange; as well as the commitment to prevent and reduce risks, both 

accidental and deliberate. 

a. Notification 

 

The signatory municipalities and the Pueblo intend to provide timely binational 

notification to counterpart authorities in the event of a hazardous materials 

incident occurring within two miles (3.2 kilometers) of the U.S. – Mexico 

border. A Notification Flow Chart has been developed and included in the 

binational plan. The municipalities and the Pueblo intend to periodically 

conduct notification exercises to ensure proper and timely communication. 

Any changes in phone numbers, or proposed changes to notification 

procedures, are to be communicated promptly and do not require a 

modification to this MOU. 

b. Hazardous Materials Information Exchange 

To assist in the proper identification of potential risks, the City of El Paso, 

Texas, the City of Sunland Park, New Mexico, the Municipality of Juárez, 

Chihuahua, Mexico and Ysleta Del Sur Pueblo intend to undertake the 

semiannual exchange of information regarding the location, types and 

estimated quantities of chemicals handled by facilities located within two miles 

of the international border, as described in the binational plan. This 

information is to be treated as confidential and is intended only for use as a 

reference for first responders in these jurisdictions. This information is to be 

exchanged on portable media. 

c. Technical Assistance 

The signatory municipalities and the Pueblo intend to provide, at each 

municipality’s and the Pueblo’s sole discretion, limited technical assistance as 

requested by counterpart agencies. This technical assistance may include, but 

is not limited to, analysis of conditions and circumstances of a given incident, 

the assessment of potential equipment purchases and training, exercises, 

prevention risk reduction. Training is to be provided as funding is available. 

5. For the purpose of emergency relief, and health and welfare services, each community 

and the Pueblo intends to ensure that those affected by an incident, within each 

government’s respective jurisdiction, receive proper medical treatment. 

9 
6. The signatory municipalities and the Pueblo intend to use their best efforts to protect 

and restore the natural environment, within each government’s respective jurisdiction, 

during and after an incident. 

7. Every two years, the signatory municipalities and the Pueblo intend to examine the 

present MOU and decide whether it should be modified. In addition, at any time, the 

municipalities or the Pueblo may examine this MOU and propose changes to the other 

municipalities and/or the Pueblo by personal service or certified mail. Changes would 

be considered effective starting on the date the modifications are signed by all 

signatory municipalities and the Pueblo.

8. The Task Force will attempt to analyze all options with regard to future expansion and 

coordination between the parties of this MOU, including but not limited to, the use of 

standard communication frequency on both sides of the border. The designation and 

use of the standard communication frequency shall conform to the federal 

communications law and regulations to the United States of America (U.S.) and the 

United Mexican States (Mexico) and all U.S. – Mexico bilateral telecommunications 

agreements in force, as well as international communications obligations of the two 

countries. 

9. Any signatory municipality or the Pueblo may withdraw from this MOU at any time 

by giving thirty (30) calendar days prior written notice to all other signatory 

municipalities and/or the Pueblo. Any such withdrawal is not to terminate 

participation in this MOU as to the remaining signatory municipalities and/or the 

Pueblo. 

10. Any municipality or the Pueblo may change its mailing address by giving five (5) 

calendar days written notice to each of the other municipalities. All notices are to be 

served by personal service or by the respective municipality's Postal Service certified 

mail addressed to: 

City of El Paso Honorable Mayor of Sunland Park 

#2 Civic Center Plaza 1000 McNutt Rd. Suite A. 

Attn: City Clerk Sunland Park, NM 88063 

El Paso, TX 79902 United States of America 

United States of America 

Municipio de Juárez, Chihuahua, México Ysleta Del Sur Pueblo 

Avenida Francisco Villa 950 Nte., 119 S. Old Pueblo Road 

Primer Piso, Ala Norte P.O. Box 17579 

Zona Centro C.P. 32000 El Paso, Texas 79917 

Cd. Juárez, Chihuahua United States of America 

MEXICO 

11. The municipalities and the Pueblo recognize that each municipality and the Pueblo is 

liable only for the negligence or omissions of that municipality's or the Pueblo’s 

employees acting within the scope of their employment while acting in the furtherance 

10 
of this MOU, as determined under domestic law. Under this MOU, each municipality 

and the Pueblo and their "public or tribal employees" as defined by their respective 

jurisdictions, and its agents, representatives or officers act in their territory according 

to limitation of liability pursuant to their respective jurisdiction. No provision in this 

MOU modifies or waives sovereign immunity or any other legal defenses available to 

the City of Sunland Park, New Mexico or the City of El Paso, Texas. As to Sunland 

Park, New Mexico, any liability incurred in connection with this MOU is subject to 

the immunities and limitations of the New Mexico Tort Claims Act (Section 41-4-1, et 

seq. N.M.S.A. 1978) and any amendments thereto. As to Sunland Park, New Mexico, 

no provision in this MOU modifies or waives any provision of the New Mexico Tort 

Claims Act. As to the City of El Paso, Texas, any liability incurred in connection with 

this MOU is subject to the immunities and limitations of the Texas Tort Claims Act 

(Title 5, Chapter 101, et seq. Civil Practice and Remedies Code 1985) and any 

amendments thereto. As to the City of El Paso, Texas, no provision in this MOU 

modifies or waives any provision of the Texas Tort Claims Act. As to Ysleta Del Sur 

Pueblo, no provision in this MOU modifies or waives any aspect of the Pueblo’s 

sovereignty, including immunity to suit, as recognized under the laws of the United 

States.

12. Nothing herein contained is intended or should be construed in any way to create or 

establish the relationship of co-partners between the municipalities and/or the Pueblo 

or to establish either municipality or the Pueblo as an agent, representative or 

employee of the other municipalities or the Pueblo for any purpose or manner 

whatsoever. 

13. Performance of the activities outlined under this MOU is contingent upon timely and 

sufficient appropriations and lawful authorization being made by the governing bodies 

of the municipalities and the Pueblo for the purchase or performance of work, services 

or products outlined by this MOU. The decision of a municipality or the Pueblo as to 

whether sufficient appropriations are available is to be accepted by the other 

municipalities and/or the Pueblo and is to be considered final. 

14. This MOU does not affect the rights and the obligations of the signatory municipalities 

and the Pueblo that are already in effect under any international legal instrument. 

11 
Signed in Cuidad Juarez, Chihuahua on August 2f , 2009 in English and Spanish. 

MUNICIPALITY OF JUAREZ, CHIHUAHUA, MEXICO 

Jose Reyes Ferriz 

Mayor 

Municipality ofJuarez, Chihuahua, MEX 

12
 
Sigffed in EI Paso, Texas on August __---'/_'~	 2009 in English and Spanish. 

CITY OF EL PASO, TEXAS 

Mr' 

10~J&L Cook 

APPROVED AS TO FORM: 

10 ette Flores Ellen A. Smyth, P.E., D~e/tor .. 

A sistant City Attorney Environmental Services lfepartment 

i 

13
 
Signed in Sunland Park, NeH'Mexico on August __2._'__., 2009 in English and Spanish. 

CITY OF SUNLAND PARK NEW MEXICO 

~YtL Martin Resendiz 

Mayor 

City of Sunland Park, 

New Mexico, USA 

APPROVED AS TO FORM: 

FranK 2A~~ Coppler Andre Burciaga 

City Attorney Fire Choef 

City of Sunland Park, New Mexico, USA Sunland Park Fire Department 

14
 
lilt. 

Signed in £1 Paso, Texas on l!:trt,/fC ) 2009 in English and Spanish. i 

YSLETA DEL SUR PUEBLO 

Frffh-F------

Goverr 

Ysleta Del Sur Pueblo 

APPROVED AS TO CONTENT: 

1~)j---

Tribal Attorney 

Ysleta Del Sur Pueblo 

15
 
16 

Appendix 

24-Hour Emergency Notification and Communication

Any substantial threat to public health, the environment, or property due to an accidental spill 

or release of an oil or hazardous material into the air, surface water, groundwater, or onto the 

ground, should be reported to:

 

El Paso Sunland Park Ysleta del 

Sur 

Juárez 

First Response: 

911 (Calling within the US) 

From Mexico to US: 

001-915-832-4432 

First Response: 

911 (Calling within the 

US) 

From Mexico to US: 

001-575-589-5500 

First Response: 

911 (Calling within 

the US) 

From Mexico to US: 

001-915-832-4432 

First Response: 

656-207-3862 

& 

060 (Calling within 

Mexico) 

 

From US to Mexico: 

011-52-656-649-8854 

011-52-656-207-3862 

Local Phone Number: 

El Paso Fire Dispatch: 

(915) 832-4432 

Local Phone Number 

Sunland Park Fire: 

Dispatch (575) 589-6600 

Local Phone 

Number: 

Ysleta del Sur Pueblo 

Dispatch – Direct: 

(915) 860-9653 

Local Phone Numbers 

Juárez: 

207-3859 

207-3860 

207-3861