Title: Nogales Wastewater Fairness Act
Policy area: Environmental Protection

Summary:
Nogales Wastewater Fairness Act
This bill directs the U.S. Section of the International Boundary and Water Commission to charge Nogales, Arizona, no more than an equitable proportion of the costs for operating and maintaining the Nogales sanitation project. The sanitation project includes (1) the International Outfall Interceptor and the trunkline, which is a sewer line that carries wastewater along the U.S. and Mexico border; and (2) the Nogales International Wastewater Treatment Plant.
Nogales is not obligated to pay the capital costs of repairing or upgrading the project.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1783 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1783

 To establish responsibility for the International Outfall Interceptor.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2019

Ms. McSally (for herself and Ms. Sinema) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To establish responsibility for the International Outfall Interceptor.

    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 the ``Nogales Wastewater Fairness Act''.

SEC. 2. INTERNATIONAL OUTFALL INTERCEPTOR REPAIR, OPERATIONS, AND 
              MAINTENANCE.

    (a) Definitions.--In this section:
            (1) Agreement.--The term ``Agreement'' means the memorandum 
        of agreement between the United States Section of the 
        International Boundary and Water Commission and the City of 
        Nogales, Arizona, dated January 20, 2006.
            (2) City.--The term ``City'' means the City of Nogales, 
        Arizona.
            (3) Nogales sanitation project.--The term ``Nogales 
        sanitation project'' means the project owned by the City and 
        the United States Section of the International Boundary and 
        Water Commission and includes--
                    (A) the International Outfall Interceptor (IOI) and 
                the trunkline; and
                    (B) the Nogales International Wastewater Treatment 
                Plant (NIWTP).
    (b) Sense of Congress.--It is the sense of Congress that, pursuant 
to the Act of July 27, 1953 (22 U.S.C. 277d-10 et seq.), and 
notwithstanding the Agreement, an equitable proportion of the costs of 
operation and maintenance of the Nogales sanitation project to be 
contributed by the City should be based on the average daily volume of 
wastewater originating from the City.
    (c) Capital Costs Excluded.--Pursuant to the Agreement and the Act 
of July 27, 1953 (22 U.S.C. 277d-10 et seq.), the City shall have no 
obligation to contribute to any capital costs of repairing or upgrading 
the Nogales sanitation project.
    (d) Overcharges.--Notwithstanding the Agreement, the United States 
Section of the International Boundary and Water Commission shall not 
charge the City after the date of enactment of this Act for operations 
and maintenance costs in excess of an equitable proportion of the 
costs, as described in subsection (b).
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