§ 21-0301 — Ohio River Valley Water Sanitation Compact

New York § 21-0301

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Ohio River Valley Water Sanitation Compact
• Art. 21: Pollution Control Compacts

Text

§ 21-0301. Ohio River Valley Water Sanitation Compact.\n The Ohio River Valley Water Sanitation Compact, as first enacted by\nchapter 776 of the laws of 1939, and as reenacted by chapter 472 of the\nlaws of 1961, is hereby continued. The compact is as follows:\n OHIO RIVER VALLEY WATER SANITATION COMPACT\n Whereas a substantial part of the territory of each of the signatory\nstates is situated within the drainage basin of the Ohio river; and\n Whereas the rapid increase in the population of the various\nmetropolitan areas situated within the Ohio drainage basin, and the\ngrowth in industrial activity within that area, have resulted in recent\nyears in an increasingly serious pollution of the waters and streams\nwithin the said drainage basin, constituting a grave menace to the\nhealth, welfare, and recreational facilities of the people living in\nsuch basin, and occasioning great economic loss; and\n Whereas the control of future pollution and the abatement of existing\npollution in the waters of said basin are of prime importance to the\npeople thereof, and can best be accomplished through the cooperation of\nthe states situated therein, by and through a joint or common agency;\n Now, therefore, the states of Illinois, Indiana, Kentucky, New York,\nOhio, Pennsylvania, Tennessee and West Virginia do hereby covenant and\nagree as follows:\n ARTICLE I\n Each of the signatory states pledges to each of the other signatory\nstates faithful cooperation in the control of future pollution in and\nabatement of existing pollution from the rivers, streams and waters in\nthe Ohio river basin which flow through, into, or border upon any of\nsuch signatory states, and in order to effect such object, agrees to\nenact any necessary legislation to enable each such state to place and\nmaintain the waters of said basin in a satisfactory sanitary condition,\navailable for safe and satisfactory use as public and industrial water\nsupplies after reasonable treatment, suitable for recreational usage,\ncapable of maintaining fish and other aquatic life, free from unsightly\nor malodorous nuisances due to floating solids or sludge deposits, and\nadaptable to such other uses as may be legitimate.\n ARTICLE II\n The signatory states hereby create a district to be known as the "Ohio\nriver valley water sanitation district," hereinafter called the\ndistrict, which shall embrace all territory within the signatory states\nthe water in which flows ultimately into the Ohio river, or its\ntributaries.\n ARTICLE III\n The signatory states hereby create the "Ohio river valley water\nsanitation commission," hereinafter called the commission, which shall\nbe a body corporate, with the powers and duties set forth herein, and\nsuch additional powers as may be conferred upon it by subsequent action\nof the respective legislatures of the signatory states or by act or acts\nof the congress of the United States.\n ARTICLE IV\n The commission shall consist of three commissioners from each state,\neach of whom shall be a citizen of the state from which he is appointed,\nand three commissioners representing the United States government. The\ncommissioners from each state shall be chosen in the manner and for the\nterms provided by the laws of the state from which they shall be\nappointed, and any commissioner may be removed or suspended from office\nas provided by the law of the state from which he shall be appointed.\nThe commissioners representing the United States shall be appointed by\nthe president of the United States, or in such other manner as may be\nprovided by congress. The commissioners shall serve without\ncompensation, but shall be paid their actual expenses incurred in and\nincident to the performance of their duties; but nothing herein shall\nprevent the appointment of an officer or employee of any state or of the\nUnited States government.\n ARTICLE V\n The commission shall elect from its number a chairman and\nvice-chairman, and shall appoint, and at its pleasure remove or\ndischarge, such officers and legal, clerical, expert and other\nassistants as may be required to carry the provisions of this compact\ninto effect, and shall fix and determine their duties, qualifications\nand compensation. It shall adopt a seal and suitable by-laws, and shall\nadopt and promulgate rules and regulations for its management and\ncontrol. It may establish and maintain one or more offices within the\ndistrict for the transaction of its business, and may meet at any time\nor place. One or more commissioners from a majority of the member states\nshall constitute a quorum for the transaction of business.\n The commission shall submit to the governor of each state, at such\ntime as he may request, a budget of its estimated expenditures for such\nperiod as may be required by the laws of such state for presentation to\nthe legislature thereof.\n The commission shall keep accurate books of account, showing in full\nits receipts and disbursements, and said books of account shall be open\nat any reasonable time to the inspection of such representatives of the\nrespective signatory states as may be duly constituted for that purpose.\n On or before the first day of December of each year, the commission\nshall submit to the respective governors of the signatory states a full\nand complete report of its activities for the preceding year.\n The commission shall not incur any obligations of any kind prior to\nthe making of appropriations adequate to meet the same; nor shall the\ncommission pledge the credit of any of the signatory states, except by\nand with the authority of the legislature thereof.\n ARTICLE VI\n It is recognized by the signatory states that no single standard for\nthe treatment of sewage or industrial wastes is applicable in all parts\nof the district due to such variable factors as size, flow, location,\ncharacter, self-purification, and usage of waters within the district.\nThe guiding principle of this compact shall be that pollution by sewage\nor industrial wastes originating within a signatory state shall not\ninjuriously affect the various uses of the interstate waters as\nhereinbefore defined.\n All sewage from municipalities or other political subdivisions, public\nor private institutions, or corporations, discharged or permitted to\nflow into these portions of the Ohio river and its tributary waters\nwhich form boundaries between, or are contiguous to, two or more\nsignatory states, or which flow from one signatory state into another\nsignatory state, shall be so treated, within a time reasonable for the\nconstruction of the necessary works, as to provide for substantially\ncomplete removal of settleable solids, and the removal of not less than\nforty-five per centum of the total suspended solids; provided that, in\norder to protect the public health or to preserve the waters for other\nlegitimate purposes, including those specified in article one, in\nspecific instances such higher degree of treatment shall be used as may\nbe determined to be necessary by the commission after investigation, due\nnotice and hearing.\n All industrial wastes discharged or permitted to flow into the\naforesaid waters shall be modified or treated, within a time reasonable\nfor the construction of the necessary works, in order to protect the\npublic health or to preserve the waters for other legitimate purposes,\nincluding those specified in article one, to such degree as may be\ndetermined to be necessary by the commission after investigation, due\nnotice and hearing.\n All sewage or industrial wastes discharged or permitted to flow into\ntributaries of the aforesaid waters situated wholly within one state\nshall be treated to that extent, if any, which may be necessary to\nmaintain such waters in a sanitary and satisfactory condition at least\nequal to the condition of the waters of the interstate stream\nimmediately above the confluence.\n The commission is hereby authorized to adopt, prescribe and promulgate\nrules, regulations and standards for administering and enforcing the\nprovisions of this article.\n ARTICLE VII\n Nothing in this compact shall be construed to limit the powers of any\nsignatory state, or to repeal or prevent the enactment of any\nlegislation or the enforcement of any requirement by any signatory\nstate, imposing additional conditions and restrictions to further lessen\nor prevent the pollution of waters within its jurisdiction.\n ARTICLE VIII\n The commission shall conduct a survey of the territory included within\nthe district, shall study the pollution problems of the district, and\nshall make a comprehensive report for the prevention or reduction of\nstream pollution therein. In preparing such report, the commission shall\nconfer with any national or regional planning body which may be\nestablished, and any department of the federal government authorized to\ndeal with matters relating to the pollution problems of the district.\nThe commission shall draft and recommend to the governors of the various\nsignatory states uniform legislation dealing with the pollution of\nrivers, streams and waters and other pollution problems within the\ndistrict. The commission shall consult with and advise the various\nstates, communities, municipalities, corporations, persons, or other\nentities with regard to particular problems connected with the pollution\nof waters, particularly with regard to the construction of plants for\nthe disposal of sewage, industrial and other waste. The commission\nshall, more than one month prior to any regular meeting of the\nlegislature of any state which is a party thereto, present to the\ngovernor of the state its recommendations relating to enactments to be\nmade by any legislature in furthering the intents and purposes of this\ncompact.\n ARTICLE IX\n The commission may from time to time, after investigation and after a\nhearing, issue an order or orders upon any municipality, corporation,\nperson, or other entity discharging sewage or industrial waste into the\nOhio river or any other river, stream or water, any part of which\nconstitutes any part of the boundary line between any two or more of the\nsignatory states, or into any stream any part of which flows from any\nportion of one signatory state through any portion of another signatory\nstate. Any such order or orders may prescribe the date on or before\nwhich such discharge shall be wholly or partially discontinued, modified\nor treated or otherwise disposed of. The commission shall give\nreasonable notice of the time and place of the hearing to the\nmunicipality, corporation or other entity against which such order is\nproposed. No such order shall go into effect unless and until it\nreceives the assent of at least a majority of the commissioners from\neach of not less than a majority of the signatory states; and no such\norder upon a municipality, corporation, person or entity in any state\nshall go into effect unless and until it receives the assent of not less\nthan a majority of the commissioners from such state.\n It shall be the duty of the municipality, corporation, person or other\nentity to comply with any such order issued against it or him by the\ncommission, and any court of general jurisdiction or any United States\ndistrict court in any of the signatory states shall have the\njurisdiction, by mandamus, injunction, specific performance or other\nform of remedy, to enforce any such order against any municipality,\ncorporation or other entity domiciled or located within such state or\nwhose discharge of the waste takes place within or adjoining such state,\nor against any employee, department or subdivision of such municipality,\ncorporation, person or other entity; provided, however, such court may\nreview the order and affirm, reverse or modify the same upon any of the\ngrounds customarily applicable in proceedings for court review of\nadministrative decisions. The commission or, at its request, the\nattorney-general or other law enforcing official, shall have power to\ninstitute in such court any action for the enforcement of such order.\n ARTICLE X\n The signatory states agree to appropriate for the salaries, office and\nother administrative expenses, their proper proportion of the annual\nbudget as determined by the commission and approved by the governors of\nthe signatory states, one-half of such amount to be prorated among the\nseveral states in proportion to their popualtion within the district at\nthe last preceding federal census, the other half to be prorated in\nproportion to their land area within the district.\n ARTICLE XI\n This compact shall become effective upon ratification by the\nlegislatures of a majority of the states located within the district and\nupon approval by the congress of the United States; and shall become\neffective as to any additional states signing thereafter at the time of\nsuch signing.\n In witness whereof, the various signatory states have executed this\ncompact through their respective compact commissioners.\n