REFERENCE TITLE: Nogales wastewater fairness; urging Congress

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

HCM 2002

Introduced by

Representatives Gabaldón: Andrade, Butler, Cano, Chávez, Engel, Epstein, Fernandez, Friese, Hernandez A, Lieberman, Longdon, Pawlik, Peten, Powers Hannley, Rodriguez, Salman, Teller, Terán, Tsosie

A CONCURRENT MEMORIAL

Urging the united states congress to pass the nogales wastewater fairness act.

(TEXT OF BILL BEGINS ON NEXT PAGE)

To the Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, the city of Nogales, Arizona is located on the international border, across from the city of Nogales, Sonora, Mexico; and

Whereas, Nogales, Arizona has a population of approximately 20,000 inhabitants, while Nogales, Sonora, Mexico has between 250,000 and 500,000 inhabitants; and

Whereas, due to its geographical location, Nogales, Arizona contends with internationally created sanitation and flood control problems, issues that the city does not possess the legal authority or economic resources to address; and

Whereas, in 1944 the United States and Mexico enacted an international treaty establishing the International Boundary and Water Commission (IBWC) to address the sanitation and flood control issues that exist between the two countries. Pursuant to the treaty, a pipeline, the International Outfall Interceptor (IOI), and a wastewater treatment plant were constructed in the United States to convey and treat wastewater from both Sonora and Arizona; and

Whereas, intake of untreated sewage at the treatment plant shows that, on average, only 8% of the sewage comes from Arizona, with the rest originating in Mexico; and

Whereas, the city of Nogales, Arizona does not have the ability or legal authority to control the flow of Mexican sewage, which introduces industrial contaminants that often include metals, floodwaters and other foreign material into the IOI, resulting in abnormal deterioration and breaches of the IOI; and

Whereas, the increasing number and severity of the IOI breaches have resulted in the flow of millions of gallons of raw sewage and contaminants through Nogales, Arizona and into local rivers and watersheds and the Santa Cruz River as far north as Tucson, Arizona. These breaches threaten the public health of Arizona citizens and have harmed the environmental quality in southern Arizona; and

Whereas, the IOI requires serious rehabilitation or replacement, estimated to cost between $38 million to $48 million; and

Whereas, the 1944 Treaty between the United States and Mexico stipulates that preferential attention will be given to the solution to all border sanitation problems; and

Whereas, the IOI is a contiguous pipe from the international border to the Nogales International Wastewater Treatment Plant and conveyance of wastewater from Nogales, Sonora and Nogales, Arizona is conducted by this one contiguous IOI pipe; and

Whereas, Mexico's daily sewage flow routinely exceeds its owned capacity, thereby using Nogales, Arizona's owned and unused capacity; and

Whereas, the sewage flow from Mexico contains metal, industrial waste and contaminants, increasing the cost of treatment, while the sewage from Arizona does not contain such pollutants; and

Whereas, the IBWC, which operates the treatment plant, bills the city of Nogales, Arizona a fixed percentage of 23% of the total operating costs of the plant, regardless of the percentage of sewage flow or increased treatment cost of Mexican sewage; and

Whereas, while the IBWC separately collects from Mexico the treatment cost of the Mexican sewage in excess of Mexico's owned capacity, that amount is not credited to the city of Nogales, Arizona, nor does Arizona receive credit for the increased treatment cost of the Mexican sewage; and

Whereas, the existing situation is not fair or equitable to Nogales, Arizona or the surrounding and downstream communities; and

Whereas, Nogales, Arizona, without legal authority or the necessary financial resources, manages international problems originating in a foreign country, which are governed by an international treaty; and

Whereas, these international problems have created and will continue to create economic hardship, health hazards and environmental damage to the city of Nogales, Arizona and the surrounding and downstream communities; and

Whereas, it is in the best interests of all concerned that local efforts be consolidated in support of reaching a comprehensive solution to these ongoing problems and health hazards.

Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:

1.  That the United States Congress pass the Nogales Wastewater Fairness Act (Act).

2.  That the Act mandate that the operation and maintenance costs borne by Nogales, Arizona coincide with its volume of wastewater and exempt Nogales, Arizona from contributing any costs of repairing or upgrading the IOI or wastewater treatment plant.

3.  That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.