Page:United States Statutes at Large Volume 114 Part 3.djvu/956

 114 STAT. 1978 PUBLIC LAW 106-457—NOV. 7, 2000 22 USC 277d-44. SEC. 804. 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 1005 of this Act, and notwithstanding section 510(b)(2) of the Water QuaUty 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 treatment 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 results of the comprehensive plan developed under subsection (b) revealing a need for additional secondary treatment capacity in the San Diego-Tijuana border region and recommending the provision of such capacity in Mexico, the Commission may provide not more than an additional 25 mgd of secondary treatment capacity in Mexico for treatment described in paragraph (1). Deadline. (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 involvement to address the transborder sanitation problems in the San Diego-Tijuana border region. The plan shall include, at a minimum— (1) an analysis of the long-term secondary treatment needs of the region; (2) an analysis of upgrades in the sewage collection system serving the Tijuana area, Mexico; and (3) an identification of options, and recommendations 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 and notwithstanding any provision of Federal procurement law, upon conclusion of a new Treaty Minute or the amendment of Treaty Minute 283 under section 5, the Commission may enter into a fee-forservices 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 primary effluent from the IWTP to the Mexican facility for secondary treatment. (B) Treatment of the advanced primary effluent from the IWTP to the secondary treatment level in compliance with water quality laws of the United States, California, 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.

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