I
106TH CONGRESS
1ST SESSION
H. R. 3378
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 16, 1999
Mr. BILBRAY (for himself and Mr. FILNER) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture, 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 com-
mittee 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tijuana River Valley
Estuary and Beach Sewage Cleanup Act of 1999’’.
SEC. 2. FINDINGS.
(a) IN GENERAL.—The Congress finds that it is nec-
essary to take appropriate actions to address the com-
prehensive treatment of sewage emanating from the Ti-
juana 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 pref-
erential attention to the solution of all border sanita-
tion 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 sub-
stantially reduce river and ocean pollution in the
San Diego border region and to exploit effective rec-
lamation 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 under section 6, 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 under section 6, to
authorize the Commission to provide for the develop-
ment 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 mgd of sewage
in order to fully address the trans-border sani-
tation problem.
(3) To request the Secretary to initiate negotia-
tions 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 mdg) for the treatment of additional sew-
age emanating from the Tijuana area, and to ad-
dress 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 prac-
ticable.
SEC. 4. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) COMMISSION.—The term ‘‘Commission’’
means the United States section of the International
Boundary and Water Commission, United States
and Mexico.
(3) IWTP.—The term ‘‘IWTP’’ means the Ad-
vanced Primary Wastewater Treatment Facility con-
structed 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.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
(5) MEXICAN FACILITY.—The term ‘‘Mexican
Facility’’ means the proposed public/private waste-
water treatment facility to be constructed within
Mexico for the purpose of treating sewage flows gen-
erated within Mexico, which flows impact the surface
waters, health, and safety of the United States and
Mexico, to be authorized by this Act.
(6) MGD.—The term ‘‘mgd’’ means million gal-
lons per day.
SEC. 5. ACTIONS TO BE TAKEN BY THE ADMINISTRATOR
AND THE COMMISSION.
(a) AUTHORITY.—
(1) Subject to the negotiation and conclusion of
a new Treaty Minute or the amendment of Treaty
Minute 283 under section 6, and notwithstanding
section 510(b)(2) of the Water Quality Amendments
Act of 1987, the Commission is authorized to pro-
vide for the secondary treatment of effluent from the
IWTP in Mexico.
(2) Subject to subsection (b) and notwith-
standing any other provision of law, in order to pro-
vide for sewage treatment in Mexico, the Commis-
sion is authorized to enter into a fee-for-services
contract with the owner of the Mexican Facility in
order to provide for the following:
(A) The secondary treatment of effluent
from the IWTP, if such treatment is not pro-
vided for at a facility in the United States.
(B) The primary and secondary treatment
not more than 50 mgd of additional sewage
from the Tijuana area so as to ensure to the ex-
tent possible that untreated sewage will not
flow into the United States through the Tijuana
River.
(b) CONTRACT.—Any contract under subsection (a)
shall provide for the following:
(1) Transportation of the advance primary ef-
fluent from the IWTP to the Mexican Facility for
secondary treatment.
(2) Treatment of effluent from the IWTP to
the secondary level in a manner which is in compli-
ance with applicable water quality laws of the
United States, California, and Mexico.
(3) Return conveyance of any such treated ef-
fluent that cannot be reused in either Mexico or the
United States to the South Bay Ocean Outfall for
disposition into the Pacific Ocean.
(4) Sewage treatment capacity which provides
for primary and secondary treatment of up to 50
mgd of sewage in addition to the capacity required
to treat the advanced primary effluent from the
IWTP.
(5) A contract for a term of 30 years.
(6) Appropriate arrangements for the moni-
toring and verification of compliance with applicable
United States, California, and Mexican water quality
standards.
(7) Arrangements for the appropriate disposi-
tion of sludge, produced from the IWTP and the
Mexican Facility, at a location or locations in Mex-
ico.
(8) Payment of appropriate fees by the Com-
mission to the owner of the Mexican Facility for
sewage treatment services with the annual amount
payable to reflect all costs associated with the devel-
opment, construction, operation, and financing of
the Mexican Facility.
(9) Provision for the 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 can-
cellation 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 an-
ticipated to be sufficient to repay construction debt
and other amounts due to the owner that remain
unamortized due to early termination of the con-
tract.
(10) A contract to which the Contract Disputes
Act (41 U.S.C. 601–613) and the Federal Acquisi-
tion Regulations (41 C.F.R. Chapters 1–99) do not
apply.
SEC. 6. 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-Mex-
ico 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.—
(1) The Secretary is requested to initiate nego-
tiations 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 con-
sistent with the provisions of this Act.
(2) A new Treaty Minute or a modification of
Treaty Minute 283 under this Act shall be subject
to the provisions of the National Environmental Pol-
icy Act of 1969 (NEPA).
(3) A new Treaty Minute or a modification of
Treaty Minute 283 under paragraph (1) should ad-
dress the following:
(A) The siting of treatment facilities in
Mexico and in the United States.
(B) The secondary treatment of effluent
from the IWTP at the Mexican Facility if such
treatment is not provided for at a facility in the
United States.
(C) Provision for the primary and sec-
ondary treatment of up to 50 mgd of sewage,
in addition to treatment capacity for the ad-
vanced primary effluent from the IWTP at the
Mexican Facility, to be funded by the United
States.
(D) Provision for any and all approvals
from Mexican authorities necessary to facilitate
water quality verification and enforcement at
the Mexican Facility.
(E) Any terms and conditions considered
necessary to allow for use in the United States
of treated effluent from the Mexican Facility, if
there is reclaimed water which is surplus to the
needs of users in Mexico and such use is con-
sistent with applicable California law.
(F) Any other terms and conditions consid-
ered necessary by the Secretary in order to fully
implement the provisions of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
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