IB
Union Calendar No. 499
106TH CONGRESS
2D SESSION
H. R. 3378
[Report No. 106–842, Part I]
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
SEPTEMBER 12, 2000
Reported from the Committee on Transportation and Infrastructure with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 12, 2000
Referral to the Committee on International Relations extended for a period
ending not later than September 12, 2000
SEPTEMBER 12, 2000
The Committee on International Relations discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be
printed
[For text of introduced bill, see copy of bill as introduced on November 16, 1999]
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 2000’’.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the United
States to take actions to address comprehensively the treat-
ment of sewage emanating from the Tijuana River area,
Mexico, that flows untreated or partially treated into the
United States causing significant adverse public health and
environmental impacts.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(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 South
Bay International Wastewater Treatment Plant con-
structed under the provisions of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), section
510 of the Water Quality Act of 1987 (101 Stat. 80–
82), and Treaty Minutes to the Treaty for the Utiliza-
tion of Waters of the Colorado and Tijuana Rivers
and of the Rio Grande, dated February 3, 1944.
(4) SECONDARY
TREATMENT.—The term ‘‘sec-
ondary treatment’’ has the meaning such term has
under the Federal Water Pollution Control Act and
its implementing regulations.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
(6) MEXICAN FACILITY.—The term ‘‘Mexican fa-
cility’’ means a proposed public-private wastewater
treatment facility to be constructed and operated
under this Act within Mexico for the purpose of treat-
ing sewage flows generated within Mexico, which
flows impact the surface waters, health, and safety of
the United States and Mexico.
(7) MGD.—The term ‘‘mgd’’ means million gal-
lons per day.
SEC. 4. ACTIONS TO BE TAKEN BY THE COMMISSION AND
THE ADMINISTRATOR.
(a) SECONDARY TREATMENT.—
(1) IN GENERAL.—Subject to the negotiation and
conclusion of a new Treaty Minute or the amendment
of Treaty Minute 283 under section 5, and notwith-
standing section 510(b)(2) of the Water Quality Act
of 1987 (101 Stat. 81), the Commission is authorized
and directed to provide for the secondary treatment of
a total of not more than 50 mgd in Mexico—
(A) of effluent from the IWTP if such treat-
ment is not provided for at a facility in the
United States; and
(B) of additional sewage emanating from
the Tijuana River area, Mexico.
(2) ADDITIONAL AUTHORITY.—Subject to the re-
sults of the comprehensive plan developed under sub-
section (b) revealing a need for additional secondary
treatment capacity in the San Diego-Tijuana border
region and recommending the provision of such ca-
pacity in Mexico, the Commission may provide not
more than an additional 25 mgd of secondary treat-
ment capacity in Mexico for treatment described in
paragraph (1).
(b) COMPREHENSIVE PLAN.—Not later than 24 months
after the date of enactment of this Act, the Administrator
shall develop a comprehensive plan with stakeholder in-
volvement to address the transborder sanitation problems
in the San Diego-Tijuana border region. The plan shall in-
clude, at a minimum, an analysis of—
(1) the long-term secondary treatment needs of
the region;
(2) upgrades in the sewage collection system
serving the Tijuana area, Mexico; and
(3) an identification of options, and rec-
ommendations for preferred options, for additional
sewage treatment capacity for future flows emanating
from the Tijuana River area, Mexico.
(c) CONTRACT.—
(1) IN GENERAL.—Subject to the availability of
appropriations to carry out this subsection, the Com-
mission may enter into a fee-for-services contract with
the owner of a Mexican facility in order to carry out
the secondary treatment requirements of subsection
(a) and make payments under such contract.
(2) TERMS.—Any contract under this subsection
shall provide, at a minimum, for the following:
(A) Transportation of the advanced pri-
mary effluent from the IWTP to the Mexican fa-
cility for secondary treatment.
(B) Treatment of the advanced primary ef-
fluent from the IWTP to the secondary treatment
level in a manner that is in compliance with
water quality laws of the United States, Cali-
fornia, and Mexico.
(C) Return conveyance from the Mexican
facility of any such treated effluent that cannot
be reused in either Mexico or the United States
to the South Bay Ocean Outfall for discharge
into the Pacific Ocean in compliance with water
quality laws of the United States and California.
(D) Subject to the requirements of sub-
section (a), additional sewage treatment capacity
that provides for advanced primary and sec-
ondary treatment of sewage described in para-
graph (1)(B) in addition to the capacity re-
quired to treat the advanced primary effluent
from the IWTP.
(E) A contract term of 30 years.
(F) 
Arrangements 
for 
monitoring,
verification, and enforcement of compliance with
United States, California, and Mexican water
quality standards.
(G) Arrangements for the disposal and use
of sludge, produced from the IWTP and the
Mexican facility, at a location or locations in
Mexico.
(H) Payment of fees by the Commission to
the owner of the Mexican facility for sewage
treatment services with the annual amount pay-
able to reflect all costs associated with the devel-
opment, financing, construction, operation, and
maintenance of the Mexican facility.
(I) Provision for the transfer of ownership
of the Mexican facility to the United States, and
provision for a cancellation fee by the United
States to the owner of the Mexican facility, if the
Commission fails to perform its obligations
under the contract. The cancellation fee shall be
in amounts declining over the term of the con-
tract anticipated to be sufficient to repay con-
struction debt and other amounts due to the
owner that remain unamortized due to early ter-
mination of the contract.
(J) Provision for the transfer of ownership
of the Mexican facility to 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 United States and Cali-
fornia law.
(F) Any other terms and conditions consid-
ered necessary by the Secretary in order to im-
plement the provisions of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as
may be necessary to carry out this Act.
Union Calendar No. 499
106TH CONGRESS
2D SESSION
H. R. 3378
[Report No. 106–842, Part I]
A BILL
To authorize certain actions to address the com-
prehensive treatment of sewage emanating from
the Tijuana River in order to substantially re-
duce river and ocean pollution in the San Diego
border region.
SEPTEMBER 12, 2000
Reported from the Committee on Transportation and
Infrastructure with an amendment
SEPTEMBER 12, 2000
Referral to the Committee on International Relations ex-
tended for a period ending not later than September
12, 2000
SEPTEMBER 12, 2000
The Committee on International Relations discharged;
committed to the Committee of the Whole House on
the State of the Union and ordered to be printed