§ 21-0101 — New England Interstate Water Pollution Control Compact

§ 21-0101. New England Interstate Water Pollution Control Compact.\n The New England Interstate Water Pollution Control Compact as first\nentered into pursuant to chapter 764 of the laws of 1949, and as\nreenacted by chapter 475 of the laws of 1961, is hereby continued. The\ncompact is as follows:\n NEW ENGLAND INTERSTATE WATER POLLUTION CONTROL COMPACT\n Whereas, the growth of population and the development of the territory\nof the New England states has resulted in serious pollution of certain\ninterstate streams, ponds and lakes, and of tidal waters ebbing and\nflowing past the boundaries of two or more states; and\n Whereas, such pollution constitutes a menace to the health, welfare\nand economic prosperity of the people living in such areas; and\n Whereas, the abatement of existing pollution and the control of future\npollution in the interstate waters of the New England area are of prime\nimportance to the people and can best be accomplished through the\nco-operation of the New England states in the establishment of an\ninterstate agency to work with the states in the field of pollution\nabatement;\n Now, therefore, the states of Connecticut, Maine, Massachusetts, New\nHampshire, Rhode Island and Vermont do agree and are bound as follows:\n ARTICLE I\n It is agreed between the signatory states that the provisions of this\ncompact shall apply to streams, ponds and lakes which are contiguous to\ntwo or more signatory states or which flow through two or more signatory\nstates or which have a tributary contiguous to two or more signatory\nstates or flowing through two or more signatory states, and also shall\napply to tidal waters ebbing and flowing past the boundaries of two\nstates.\n ARTICLE II\n There is hereby created the New England Interstate Water Pollution\nControl Commission (hereinafter referred to as the commission) which\nshall be a body corporate and politic, having the powers, duties and\njurisdiction herein enumerated and such other and additional powers as\nshall be conferred upon it by the act or acts of a signatory state\nconcurred in by the others.\n ARTICLE III\n The commision shall consist of five commissioners, from each signatory\nstate, each of whom shall be a resident voter of the state from which he\nis appointed. The commissioners shall be chosen in the manner and for\nthe terms provided by law of the state from which they shall be\nappointed. For each state there shall be on the commission a member\nrepresenting the state health department, a member representing the\nstate water pollution control board (if such exists), and except where a\nstate in its enabling legislation decides that the best interests of the\nstate will be otherwise served, a member representing municipal\ninterests, a member representing industrial interests, and a member\nrepresenting an agency acting for fisheries or conservation.\n ARTICLE IV\n The commission shall annually elect from its members a chairman and\nvice chairman and shall appoint and at its pleasure remove or discharge\nsuch officers. It may appoint and employ a secretary who shall be a\nprofessional engineer versed in water pollution and may employ such\nstenographic or clerical employees as shall be necessary, and at its\npleasure remove or discharge such employees. It shall adopt a seal and\nsuitable by-laws and shall promulgate rules and regulations for its\nmanagement and control. It may maintain an office for the transaction of\nits business and may meet at any time or place within the signatory\nstates. Meetings shall be held at least twice each year. A majority of\nthe members shall constitute a quorum for the transaction of business\nbut no action of the commission imposing any obligation on any signatory\nstate or on any municipal agency or subdivision thereof or on any\nperson, firm or corporation therein shall be binding unless a majority\nof the members from such signatory state shall have voted in favor\nthereof. Where meetings are planned to discuss matters relevant to\nproblems of water pollution control affecting only certain of the\nsignatory states, the commission may vote to authorize special meetings\nof the commissioners of the states especially concerned. The commission\nshall keep accurate accounts of all receipts and disbursements and shall\nmake an annual report to the governor, the temporary president of the\nsenate, the speaker of the assembly, the chairpersons of the senate\nfinance and assembly ways and means committees, and the chairpersons of\nthe senate and assembly environmental conservation committees setting\nforth in detail the operations and transactions conducted by it pursuant\nto this compact, and shall make recommendations for any legislative\naction deemed by it advisable, including amendments to the statutes of\nthe signatory states which may be necessary to carry out the intent and\npurpose of this compact. The commission shall not incur any obligations\nfor salaries, office, administrative, traveling or other expenses prior\nto the allotment of funds by the signatory state adequate to meet the\nsame; nor shall the commission pledge the credit of any signatory\nstates. Each signatory state reserves the right to provide hereafter by\nlaw for the examination and audit of the accounts of the commission. The\ncommission shall appoint a treasurer who may be a member of the\ncommission, and disbursements by the commission shall be valid only when\nauthorized by the commission and when vouchers therefor have been signed\nby the secretary and countersigned by the treasurer. The secretary shall\nbe custodian of the records of the commission with authority to attest\nto and certify such records or copies thereof.\n ARTICLE V\n It is recognized, owing to such variable factors as location, size,\ncharacter and flow and the many varied uses of the waters subject to the\nterms of this compact, that no single standard of sewage and waste\ntreatment and no single standard of quality of receiving waters is\npractical and that the degree of treatment of sewage and industrial\nwastes should take into account the classification of the receiving\nwaters according to present and proposed highest use, such as for\ndrinking water supply, industrial and agricultural uses, bathing and\nother recreational purposes, maintenance and propagation of fish life,\nshellfish culture, navigation and disposal of wastes.\n The commission shall establish reasonable physical, chemical and\nbacteriological standards of water quality satisfactory for various\nclassifications of use. It is agreed that each of the signatory states\nthrough appropriate agencies will prepare a classification of its\ninterstate waters in entirety or by portions according to present and\nproposed highest use and for this purpose technical experts employed by\nstate departments of health and state water pollution control agencies\nare authorized to confer on questions relating to classification of\ninterstate waters affecting two or more states. Each signatory state\nagrees to submit its classification of its interstate waters to the\ncommission for approval. It is agreed that after such approval all\nsignatory states through their appropriate state health departments and\nwater pollution control agencies will work to establish programs of\ntreatment of sewage and industrial wastes which will meet standards\nestaablished by the commission for classified waters. The commission may\nfrom time to time make such changes in definitions of classifications\nand in standards as may be required by changed conditions or as may be\nnecessary for uniformity.\n ARTICLE VI\n Each of the signatory states pledges to provide for the abatement of\nexisting pollution and for the control of future pollution of interstate\ninland and tidal waters as described in Article I, and to put and\nmaintain the waters thereof in a satisfactory condition consistent with\nthe highest classified use of each body of water.\n ARTICLE VII\n Nothing in this compact shall be construed to repeal or prevent the\nenactment of any legislation or prevent the enforcement of any\nrequirement by any signatory state imposing any additional condition or\nrestriction to further lessen the pollution of waters within its\njurisdiction. Nothing herein contained shall affect or abate any action\nnow pending brought by any governmental board or body created by or\nexisting under any of the signatory states.\n ARTICLE VIII\n The signatory states agree to appropriate for the salaries, office,\nadministrative, travel and other expenses such sum or sums as shall be\nrecommended by the commission. The commonwealth of Massachusetts\nobligates itself only to the extent of sixty-five hundred dollars in any\none year, the state of Connecticut only to the extent of three thousand\ndollars in any one year, the state of Rhode Island only to the extent of\nfifteen hundred dollars in any one year, and the states of New\nHampshire, Maine, and Vermont each only to the extent of one thousand\ndollars in any one year.\n ARTICLE IX\n Should any part of this compact be held to be contrary to the\nconstitution of any signatory state or of the United States, all other\nparts thereof shall continue to be in full force and effect.\n ARTICLE X\n The commission is authorized to discuss with appropriate state\nagencies in New York state questions of pollution of waters which flow\ninto the New England area from New York state or vice versa and to\nfurther the establishment of agreements on pollution abatement to\npromote the interests of the New York and New England areas.\n Whenever the commission by majority vote of the members of each\nsignatory state shall have given its approval and the state of New York\nshall have taken the necessary action to do so, the state of New York\nshall be a party to this compact for the purpose of controlling and\nabating the pollution of waterways common to New York and the New\nEngland states signatory to this compact but excluding the waters under\nthe jurisdiction of the Interstate Sanitation Commission (New York, New\nJersey, and Connecticut).\n ARTICLE XI\n This compact shall become effective immediately upon the adoption of\nthe compact by any two contiguous states of New England but only insofar\nas applies to those states upon approval by Federal law. Thereafter upon\nratification by other contiguous states, it shall also become effective\nas to those states.\n