Bill Text: AZ SCM1012 | 2018 | Fifty-third Legislature 2nd Regular | Enrolled


Bill Title: Nogales wastewater fairness act

Spectrum: Bipartisan Bill

Status: (Passed) 2018-04-09 - Transmitted to Secretary of State [SCM1012 Detail]

Download: Arizona-2018-SCM1012-Enrolled.html

 

 

House Engrossed Senate Bill

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

 

SENATE CONCURRENT MEMORIAL 1012

 

 

 

A CONCURRENT MEMORIAL

 

urging the united states congress to enact 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, Naco, Arizona and Naco, Sonora are sister cities on either side of the United States-Mexico border; and

Whereas, the Naco, Sonora wastewater treatment facility is located adjacent to the international border and was last upgraded two decades ago; and

Whereas, the Naco, Sonora wastewater treatment facility has not been adequately maintained and, as a result, regularly exceeds capacity during periods of equipment maintenance, rain or other events that interrupt normal operations; and

Whereas, exceedances of capacity have resulted in intermittent flows of untreated wastewater for years from the surface discharge point in Naco, Sonora across the international boundary onto public and private property in and adjacent to Naco, Arizona; and

Whereas, as stated in Minute No. 273 titled Recommendations for the Solution of the Border Sanitation Problem at Naco, Arizona-Naco, Sonora, which was executed by the United States and Mexico sections of the International Boundary and Water Commission, the "Commissioners observed that the border sanitation problem in the Naco, Arizona-Naco, Sonora area results from the Naco, Sonora wastewater collection, treatment and disposal system into the natural drainage courses that flow northward across the international boundary"; and

Whereas, also according to Minute No. 273, the "Commissioners further observed that because of the topography, the natural drainage traverses a wellfield area which provides the municipal water supply for the City of Bisbee, Arizona"; and

Whereas, Minute No. 273 also references Article 3 of the 1944 Treaty on the Utilization of the Water of the Colorado and Tijuana Rivers and of the Rio Grande, which stipulates that the two Governments "agree to give preferential attention to the solution of all border sanitation problems"; and

Whereas, the International Outfall Interceptor is the binational sewage pipe that conveys wastewater from Sonora and Arizona to the Nogales International Wastewater Treatment Plant; and

Whereas, the United States International Boundary and Water Commission and the City of Nogales are co-owners of the Nogales International Wastewater Treatment Plant, which provides treatment of sewage for both Nogales, Arizona and Nogales, Sonora; and

Whereas, legislation has been introduced in the United States Senate and United States House of Representatives to direct the United States section of the International Boundary and Water Commission to charge Nogales, Arizona an equitable proportion of the costs for operating and maintaining the Nogales sanitation project based on the average daily volume of wastewater originating from Nogales; and

Whereas, the proposed legislation declares that Nogales is not obligated to contribute any capital costs of repairing or upgrading the project; and

Whereas, Arizonans who reside near the Arizona Mexico border are concerned about the quality of drinking water because of previous international sewage disasters.

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

1.  That the United States Congress act to address the border sanitation problems that have resulted from the inadequate maintenance of the Naco, Sonora wastewater treatment facility.

2.  That the United States Congress enact the Nogales Wastewater Fairness Act as a necessary first step in reaching a comprehensive solution to ongoing border sewage complications of the Arizona border.

3.  That the Secretary of State of the State of Arizona transmit copies 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.


 

 

 

 

PASSED BY THE HOUSE APRIL 5, 2018.

 

PASSED BY THE SENATE APRIL 9, 2018.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2018.

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