§ 21-0117 — Water quality network

§ 21-0117. Water quality network.\n 1. The New England Interstate Water Pollution Control Commission, in\ncooperation with the state and such other states signatory to the New\nEngland Interstate Water Pollution Control Compact as may participate,\nshall establish and maintain a water quality sampling and testing\nnetwork. The network shall, to the fullest extent practicable, rely upon\nthe sampling and testing programs of the state and other participating\nstates and upon information available from agencies of the federal\ngovernment, and shall not duplicate any of their activities. However, if\nthe sampling and testing programs of the state and other states and the\ninformation available from agencies of the federal government are\ninsufficient to provide the commission with records of water quality\nadequate for its needs, the commission may supplement the sampling and\ntesting otherwise available to it.\n 2. Sampling pursuant to this section shall be at points at or near the\nplaces where waters cross a boundary of the state and the samples shall\nbe tested in order to determine their quality. The sampling and testing\nprovided for herein shall be scheduled by the commission or in\naccordance with its requests and shall include such factors or elements\nas the commission shall request. Any sampling and testing done by the\nDepartment of Environmental Conservation as part of the activities of\nthe commission's network shall be reported fully and promptly by the\ndepartment to the commission together with the results thereof.\n 3. a. If the commission ascertains that particular waters at or near a\nboundary of the state do not comply with the standards of the commission\nmade pursuant to article V of the New England Interstate Water Pollution\nControl Compact, or are not otherwise of a quality complying with state\nlaw, the commission shall inform the Department of Environmental\nConservation and the water pollution control agency of any other state\nconcerned and shall afford such agencies an opportunity to verify,\nexplain, supplement or correct the information in the possession of the\ncommission and, if the facts warrant, to take or secure the taking of\nany necessary remedial action.\n b. If such remedial action is not taken or secured in timely fashion,\nthe commission may hold a public hearing on due notice, as provided in\nits rules and regulations, in order to ascertain all the relevant facts\nand circumstances. Following public hearing, the commission may issue an\norder directed to the source or sources of waste discharge causing or\ncontributing to the deteriorated water quality. Such order or orders may\nrequire reduction or cessation of waste discharges or the improvement of\ntheir quality. An order shall not be valid unless supported by\nsubstantial evidence adduced at the public hearing. Such order shall\nprescribe the date or dates by which discharges of waste are to be\nreduced, discontinued or treated, and may contain timetables or\nschedules for specific steps to be taken in order to comply therewith.\nAn order made pursuant to this section may be enforced in any court of\ncompetent jurisdiction. Proceedings shall be only on the record made\nbefore the commission.\n 4. Unless otherwise conferred by law, the commission shall not have\npower to issue permits or licenses in connection with the discharge or\ntreatment of wastes, or pass upon plans or specifications for particular\nwaste treatment or collection equipment or facilities.\n