§ 21-0501 — Tri-state compact

New York § 21-0501

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Tri-state Compact and Interstate Environmental Commission
• Art. 21: Pollution Control Compacts

Text

§ 21-0501. Tri-state compact.\n The tri-state compact as first entered into pursuant to chapter 4 of\nthe laws of 1936, as reenacted by chapter 476 of the laws of 1961, and\nas amended by chapter 1046 of the laws of 1969, is hereby continued. The\ncompact is as follows:\n TRI-STATE COMPACT\n Whereas, The tremendous growth of population and the development of\nthe territory surrounding and adjacent to the harbor of New York has\nresulted in recent years in an increasingly serious pollution of the\nharbor, coastal and tidal waters in such area and the tributary waters\ntherein; and\n Whereas, Such pollution constitutes a grave menace to the health,\nwelfare and recreational facilities of the people living in such area\nand is occasioning great economic loss; and\n Whereas, The control of future pollution and the abatement of existing\npollution in the waters in such area is of prime importance to the\npeople living in such area and can best be accomplished through the\nco-operation of the states of New Jersey and New York and Connecticut by\nand through a joint or common agency;\n Now, therefore, The state of New York and the state of New Jersey and\nthe state of Connecticut do agree and are bound as follows:\n ARTICLE I\n 1. Each of the signatory states pledges each to the other faithful\nco-operation in the control of future pollution and agrees to provide\nfor the abatement of existing pollution in the tidal and coastal waters\nin the adjacent portions of the signatory states defined herein as\ncoming within the district, and consistent with such object, to enact\nadequate legislation which will enable each of the signatory states to\nput and maintain the waters thereof in a satisfactory sanitary condition\nand particularly to protect public health; to render safe such waters as\nare now used or may later become available for bathing and recreational\npurposes; to abate and eliminate such pollution as becomes obnoxious or\ncauses a nuisance; to permit the maintenance of major fish life,\nshellfish and marine life in waters now available or that may by\npracticable means be made available for the development of such fish,\nshellfish or marine life; to prevent oil, grease or solids from being\ncarried on the surface of the water; to prevent the formation of sludge\ndeposits along the shores or in the waterways; and with the fulfillment\nof these objectives to abate and avoid incurring unnecessary economic\nloss by safeguarding the rights of the public in its varied legitimate\nuses of the waters of the district.\n ARTICLE II\n 1. To that end they do agree that there shall be created and they do\nhereby create a district to be known as the Interstate Environmental\nDistrict (hereinafter referred to as the district) which shall embrace\nthe territory described as follows:\n All of the coastal, estuarial and tidal waters within or covering\nportions of the signatory states as follows:\n (a) In Connecticut, Long Island sound and estuaries and tidal waters\nthereof between the easterly side of New Haven harbor at Morgan Point\nand the Connecticut-New York state boundary, and the Housatonic river up\nto the northerly boundary lines of the towns of Stratford and Milford.\n (b) In New York, all of the tidal waters of Greater New York city;\nincluding Kill Van Kull and Arthur Kill, Long Island Sound and the\nestuaries and tidal waters thereof between the New York city line and\nthe New York-Connecticut state boundary and between the New York city\nline and the easterly side of Port Jefferson harbor; the Atlantic ocean\nand the estuaries and tidal waters thereof between the New York city\nline and the easterly side of Fire Island inlet; and the Hudson river\nand estuaries and tidal waters thereof between the New York and New\nJersey state boundary and the northerly line of Rockland county on the\nwesterly side and between the northerly line of New York city and the\nnortherly line of Westchester county on the easterly side of the river.\n (c) In New Jersey, the Hudson river and New York upper bay and\nestuaries and tidal waters thereof between the New York-New Jersey\nboundary and Constable Point on Constable Hook, the Kill Van Kull and\nArthur Kill to the mouths of the rivers entering into the Kills; Newark\nbay and the estuaries thereof up to the mouth of the Passaic river; and\nup to the mouth of the Hackensack river; Raritan bay together with the\nRaritan river up to the Victory bridge on said river between Perth Amboy\nand South Amboy; together with the Cheesequake creek up to the New York\nand Long Branch Railroad bridge on said creek at Morgan; together with\nthe Matawan creek up to the New York and Long Branch Railroad bridge on\nsaid creek at Matawan; Sandy Hook bay; together with the Shrewsbury\nriver up to the passenger railroad bridge between Navesink Light and\nHighland Beach on said river.\n ARTICLE III\n 1. There is hereby created the Interstate Environmental Commission\n(hereinafter referred to as the commission) which shall be a body\ncorporate and politic, having the powers, duties and jurisdiction herein\nenumerated and such other and additional powers as shall be conferred\nupon it by the act or acts of a signatory state concurred in by the\nothers and by the act or acts of congress when necessary.\n ARTICLE IV\n 1. The commission shall consist of five commissioners from each state,\neach of whom shall be a resident voter of the state from which he is\nappointed.\n The commissioners shall be chosen in the manner and for the terms\nprovided by law of the state from which they shall be appointed, and\neach commissioner may be removed or suspended from office as provided by\nthe law of the state from which he shall be appointed. The commissioners\nshall serve without compensation, but shall be paid their actual\nexpenses incurred and incident to the performance of their duties.\n ARTICLE V\n 1. The commission shall elect from its number a chairman and\nvice-chairman and shall appoint and at its pleasure remove or discharge\nsuch officers and legal, clerical, expert and other assistants as may be\nrequired to carry the provisions of this compact into effect, and shall\nfix and determine their duties, qualifications and compensations.\n It shall adopt a seal and suitable by-laws and shall promulgate rules\nand regulations for its management and control. It may maintain one or\nmore offices for the transaction of its business and may meet at any\ntime or place within the signatory states.\n A majority of the members from each state shall constitute a quorum\nfor the transaction of business, the exercise of any powers, or the\nperformance of any duties, but no action of the commission shall be\nbinding unless at least three of the members from each state shall vote\nin favor thereof.\n The commission shall keep accurate accounts of all receipts and\ndisbursements and shall make an annual report to the governor and the\nlegislature of each state setting forth in detail the operations and\ntransactions conducted by it pursuant to this compact, and shall make\nrecommendations for any legislative action deemed by it advisable,\nincluding amendments to the statutes of the signatory states which may\nbe necessary to carry out the intent and purpose of this compact, and\nchanges in the district which concentration of population or other cause\nmay require.\n The commission shall not incur any obligations for salaries, office or\nother administrative expenses prior to the making of appropriations\nadequate to meet the same; nor shall the commission pledge the credit of\nany of the signatory states except by and with the authority of the\nlegislatures thereof. Each state reserves the right to provide hereafter\nby law for the examination and audit of the accounts of the commission\nby its comptroller or other official.\n The commissioners shall meet and organize within ten days after the\neffective date of this compact.\n ARTICLE VI\n 1. It is recognized by the signatory states that, where tidal waters\nare used for such varied purposes as bathing, navigation, shellfish\nculture, the development of fish life and the disposal of wastes, no\nsingle standard of purity is practicable in all parts of the district.\nIn order to attain the objects of this compact, the commission, after\nproper study and after conducting public hearings upon due notice, shall\ngroup the designated waters of the district into classes. Where local\nconditions shall have changed in the future to such an extent that\nchanges in classification become necessary, the commission may, after\nconducting public hearings upon due notice, adopt such changes.\n Two general classifications shall be used:\n (1) Class "A", in which the designated water areas are expected to be\nused primarily for recreational purposes, shellfish culture or the\ndevelopment of fish life;\n (2) Class "B", in which the designated water areas are not expected to\nbe used primarily for recreational purposes, shellfish culture or the\ndevelopment of fish life.\n ARTICLE VII\n 1. It is agreed between the signatory states that no sewage or other\npolluting matters shall be discharged or permitted to flow into, or be\nplaced in, or permitted to fall or move into the tidal waters of the\ndistrict, except under the following conditions and restrictions:\n (1) All sewage discharged or permitted to flow into Class "A" waters\nof the district shall first have been so treated as\n (a) to remove all floating solids and at least sixty per centum (60%)\nof the suspended solids; and\n (b) to effect a reduction of organisms of the B. Coli group\n(intestinal bacilli) so that the probable number of such organisms shall\nnot exceed one per cubic centimeter in more than fifty per centum (50%)\nof the samples of sewage effluent tested by the partially confirmed\ntest; provided, however, that in the case of discharge into waters used\nprimarily for bathing this bacterial standard need not be required\nexcept during the bathing season; and\n (c) to effect a reduction in the oxygen demand of the sewage effluent\nsufficient to maintain an average dissolved oxygen content in the tidal\nwaters of the district and in the general vicinity of the point of\ndischarge of the sewage into those waters, at a depth of about five feet\nbelow the surface, of not less than fifty per centum (50%) saturation\nduring any week of the year.\n 2. All sewage discharged or permitted to flow into class "B" waters of\nthe district shall first have been so treated as\n (a) to remove all floating solids and at least ten per centum (10%) of\nthe suspended solids, or such additional percentage as may by reason of\nlocal conditions be necessary to avoid the formation of sludge deposits\nin the class "B" waters of the district; and\n (b) to effect a reduction in the oxygen demand of the sewage effluent\nsufficient to maintain an average dissolved oxygen content in the tidal\nwaters of the district and in the general vicinity of the point of\ndischarge of the sewage into those waters, at a depth of about five feet\nbelow the surface, of not less than thirty per centum (30%) saturation\nduring any week of the year.\n ARTICLE VIII\n 1. Each of the signatory states agrees, that in so far as waters\nwithin its jurisdiction may flow into any portion of the district, all\nsewage discharged or permitted to flow into any stream tributary to the\ntidal waters of the district shall be treated to that extent, if any,\nwhich may be necessary to maintain such tributary immediately above its\nconfluence with the tidal waters of the district in a sanitary condition\nat least equal to the classification requirements determined by the\ncommission for the tidal waters of the district into which it\ndischarges. The waters of the Hudson river, immediately above the mouth\nof Sparkhill creek on the westerly side and the New York-New Jersey\nboundary extended on the easterly side of the river, shall be maintained\nin a sanitary condition at ebb tide at least equal to the sanitary\ncondition prevailing in the waters of the river immediately below said\nboundary at flood tide.\n ARTICLE IX\n 1. Nothing in this compact shall be construed to repeal or prevent the\nenactment of any legislation or the enforcement of any requirement by\nany signatory state imposing any additional conditions and restrictions\nto further lessen or prevent the pollution of waters within its\njurisdiction.\n ARTICLE X\n 1. Subject to the provisions of this compact the commission, as soon\nas may be after its organization, after an investigation and after\nconducting public hearings upon due notice, shall by order prescribe the\nreasonable date on or before which each municipality or other entity\ndischarging sewage into the designated waters within the district shall\nbe treating such sewage in accordance with the standards specified in\nthis compact. And such order may prescribe that certain specific\nprogress shall be made at certain definite time prior to the final date\nfixed in such order.\n It is the desire of all parties to accomplish the objects herein set\nforth with the least possible injury to investments which have already\nbeen made in the construction of sewage treatment plants within the\ndistrict, and where changes or additions to such plants would be\nnecessary to conform to the standards herein adopted, a reasonable time\nto effect such changes or additions may, in the discretion of the\ncommission, be granted.\n ARTICLE XI\n 1. Each of the signatory states agrees that it will prohibit the\npollution of the said waters within the district in accordance with the\nseveral articles of this compact, and that it will enact suitable and\nadequate legislation which will accomplish effectively the objects of\nthis compact and which will enable its officers, departments, boards and\nagents to accomplish satisfactorily the obligations and duties assumed\nby the state under the terms of this compact, and it is further agreed\nthat the courts of the several states shall have jurisdiction to enforce\nas against any person, corporation, municipality or other entity or any\nemployee, department or subdivision of the respective signatory states\nany and all provisions of this compact.\n The commission shall have authority to investigate and determine if\nthe requirements of the compact and/or the orders of the commission\npursuant thereto are complied with and if satisfactory progress has not\nbeen made, to bring action in its own name in the proper court or courts\nto compel the enforcement of any and all the provisions of this compact,\nand/or the orders of the commission pursuant thereto.\n ARTICLE XII\n 1. In order that future pollution be controlled and existing pollution\nbe abated with the greatest possible economy and efficiency, the\ncommission shall co-operate and advise with the respective state and\ndistrict authorities having jurisdiction over stream pollution, with a\nview to coordinating their activities and securing the most satisfactory\nresults at lower cost. For such purpose the commission may prepare a\ngeneral plan of the most practicable and economical method of securing\nconformity with the standards herein set forth, having in view the\nfuture growth and development of the district. Such plan when completed\nshall be submitted to the governor and the legislature of each state and\nto the state agency or agencies or district agencies in charge of sewage\nproblems.\n The provisions of this act shall not affect the discharge from the\noutfall pipes of the Passaic valley sewerage system into the water of\nNew York harbor; provided, however, that said discharge shall be in\naccordance with the terms and provisions of the stipulation entered into\non April fourteenth, one thousand nine hundred ten, between the United\nStates of America and Passaic valley sewerage commissioners.\n ARTICLE XIII\n 1. Terms used in this compact are defined as follows:\n "District" means the area more particularly described in article two\nof this compact.\n "Commission" means the Interstate Environmental Commission.\n "Municipality" means any city, incorporated village, borough, county,\ntown, township, district, or any municipality governed by an improvement\ncommission, any joint sewer commission, or any other subdivision of any\none of the signatory states, located within the district.\n "Rule" or "Regulation" means any rule or regulation established by the\ncommission not inconsistent with the constitution of the United States\nor of any signatory state, promulgated by the commission touching the\nabatement or pollution of the waters of the district.\n "Tidal waters" means all those waters which ebb and flow within the\ndesignated district.\n "Dissolved oxygen" is the gaseous oxygen held in solution by the water\nat any given time. It is expressed as a percentage of the maximum amount\nof oxygen that would be required to saturate the water under the\nexisting conditions of temperature and salinity.\n "Pollution" is any foreign matter which renders waters unfit to\nsustain fish life and unsatisfactory for bathing.\n "Sewage effluent" means the treated sewage discharged from a treatment\nplant.\n "Suspended solids" means those solid particles carried in suspension\nin the untreated sewage or sewage effluent.\n "Entity" means any organization or association owning, controlling or\noperating a sewerage system or treatment plant within a municipality.\n ARTICLE XIV\n 1. The signatory states agree to appropriate annually for the\nsalaries, office and other administrative expenses such sum or sums as\nshall be recommended by the commission and approved by the governors of\nthe signatory states, the state of New York and the state of New Jersey\nagreeing each to appropriate forty-five per centum (45%) thereof, and\nthe state of Connecticut agreeing to appropriate ten per centum (10%)\nthereof. The state of New York and the state of New Jersey obligate\nthemselves hereunder, however, only to the extent of fifteen thousand\ndollars ($15,000.00) each in any one year, and the state of Connecticut\nobligated itself hereunder only to the extent of three thousand, three\nhundred thirty-three dollars and thirty-four cents ($3,333.34) in any\none year.\n ARTICLE XV\n 1. 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\nseverable objects of this compact shall continue to be in full force and\neffect.\n ARTICLE XVI\n 1. This compact shall become effective as to the state of New Jersey\nand the state of New York immediately upon the signing thereof by the\nrepresentatives of such states, and thereafter it shall also become\neffective as to the state of Connecticut immediately upon the signing\nthereof by the representatives of such state; provided, however, that\nprior to the signing of this compact by the representatives of the state\nof Connecticut the district as set forth in article two shall not\nembrace any territory within the jurisdiction of the state of\nConnecticut, nor shall the commission exercise any jurisdiction or\nperform any duties or acts affecting such territory; and the\nappropriations for salaries, office and other administrative expenses\nshall be borne equally by the state of New York and the state of New\nJersey.\n 2. Nothing herein contained shall affect or abate any action now\npending brought by any governmental board or body created by or existing\nunder any of the signatory states.\n ARTICLE XVII\n In addition to, or in substitution for, the classifications of waters\nset forth in Articles VI and VII of this compact and the effluent\nstandards made applicable thereto, the Commission may develop and, after\npublic hearing place in force other classifications of waters and\neffluent standards within the District. Such classifications shall be on\nthe basis of present or intended uses of the waters in question and\nshall be accompanied by requirements governing the quality of effluents,\nreceiving waters, or both, as the public interest may make appropriate.\n Classifications, standards, and requirements adopted pursuant to this\nArticle shall be developed and may be revised with due consideration for\nuniformity of requirements relating to the quality of effluents and\nreceiving waters within the same classification in all parts of the\nDistrict.\n Classifications made pursuant to this Article shall be governed by and\nshall implement any water and related land resource plans, water use\nplans or pollution control plans adopted by appropriate agencies of the\nsignatory states, acting singly or in concert, or through joint\nintergovernmental agencies. Any exercise of authority by the Commission\npursuant to this Article shall be subject to any procedural\nrequirements, if applicable, that may be contained in federal law.\n Nothing contained in this Article shall be construed to abridge or\nlimit any power otherwise existing of a signatory state to make and\nenforce classifications, standards, and requirements for effluents and\nreceiving waters.\n