I
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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on International Relations, for a period to be subsequently deter-
mined 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ‘‘United States-Mexico Bor-
der 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, 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 pri-
vately-funded Mexican Facility, through the execu-
tion 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 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 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 prac-
ticable.
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 pro-
vided 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 Ti-
juana 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 pro-
vides 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 Mexi-
can water quality standards.
(I) Arrangements for the appropriate dis-
position at a location or locations in Mexico of
sludge produced from the IWTP and the Mexi-
can Facility.
(J) Payment of appropriate fees by the
Commission to the owner of the Mexican Facil-
ity for sewage treatment services with the an-
nual amount payable to reflect all costs associ-
ated with the development, construction, oper-
ation, 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 provi-
sion 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 suffi-
cient 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-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.—The Secretary is requested to
initiate, not later than 60 days after the date of the enact-
ment of this Act, negotiations with Mexico for a new Trea-
ty Minute or a modification of Treaty Minute 283 con-
sistent 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 Fa-
cility the secondary treatment of effluent from the
IWTP, if such treatment is not provided for at a fa-
cility in the United States.
(4) The ability to carry out at the Mexican Fa-
cility the primary and secondary treatment of sew-
age 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 applica-
ble 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 imple-
ment 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 renegoti-
ation of Treaty Minute 283 that gives effect to the provi-
sions 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 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.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
(4) 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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
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