§ 21-0525 — Interstate air pollution

§ 21-0525. Interstate air pollution.\n When the state of New Jersey shall have enacted legislation of\nsubstantially similar import and for so long as such legislation of the\nstate of New Jersey remains in force, the interstate environmental\ncommission shall, in addition to its other powers, duties and functions\nhave authority, in accordance with article three of the tri-state\ncompact set forth in section 21-0501 of this chapter, to engage in\nactivities with respect to interstate air pollution problems between the\nstates of New York and New Jersey as follows:\n a. to conduct studies;\n b. to undertake research, testing and development;\n c. to gather, exchange and disseminate information with and among\npublic or private bodies, persons or organizations and to cooperate with\nany of them in solving air pollution problems;\n d. to take samplings and to trace sources of air pollutants;\n e. to refer complaints to an appropriate enforcement agency or\nagencies of the states in which the sources are located and to which air\npollutants are carried, along with such data and information as it may\nhave obtained with respect to the nature, characteristics, source, path\nand effect of air pollutants;\n f. whenever found appropriate on the basis of such studies and\nresearch, (1) to make recommendations and reports to the governors and\nlegislatures of the participating states;\n (2) to recommend to the legislatures, air pollution control agencies\nand municipalities of the states the establishment of such specific\ncontrol and enforcement measures as may be necessary to abate air\npollution in one state which endangers the health and welfare of people\nin another state;\n (3) to join in a requirement upon the federal Administrator of the\nEnvironmental Protection Agency that he convene a conference pursuant to\nthe federal clean air act, and to participate in such a conference; and\n (4) to recommend and assist in the establishment of air pollution\nmonitoring systems and air pollution warning systems.\n The primary effort of the interstate environmental commission under\nthis act shall be directed to air contaminant solids, liquids or gases\nwhich are toxic, disagreeable or irritant, or which are destructive.\n In carrying out its functions under this act, the interstate\nenvironmental commission shall make use of the services, facilities and\ninformation of existing state, local and federal agencies wherever\nfeasible and available.\n In furtherance of the purposes of this act, the interstate\nenvironmental commission is empowered to accept moneys, property and\nother donations or gifts from any person whatever, whether public,\nprivate or governmental, real or artificial.\n No trade secret or secret process shall be inquired into by the\ninterstate environmental commission under this act, whether with respect\nto one or more of the substances or one or more of the processes,\noperations, techniques or devices used in connection therewith, and\nwhenever a trade secret or secret process is involved, the activity\nunder this act shall be limited to the identification of the device or\nfacility from which the effluent discharged into the outer air derives,\nand the nature, rate and period of emission of such effluent.\n All information obtained from any sampling, tracing or other specific\ninquiry performed under this act shall be kept and maintained as a\nconfidential disclosure and, except as may be essential for the purpose\nof referring a complaint to an appropriate enforcement agency and of any\nenforcement proceeding by or before any such agency, shall not be\ndisclosed or published in any way other than such as will not identify a\ngiven substance, process, operation, technique or device with the\nphysical location or identity of the source plant or facility, or with\nthe product made or service performed, or with the person or persons\nusing the same.\n A printed copy of the provisions of this section shall be furnished on\nrequest to any person furnishing information to the interstate\nenvironmental commission and, in case of an inquiry at a plant or\nfacility, to the person then in charge of the same.\n So long as the activities conducted pursuant to this act are limited\nto the states of New York and New Jersey, all of the costs and expenses\nof the same, direct and indirect, shall be met, within the limits of\navailable appropriations therefor, by said two states in equal shares\nand all actions of the interstate environmental commission with respect\nto such activities shall be governed solely by the commissioners from\nthe states of New York and New Jersey, with like effect as though the\nstate of Connecticut were not a participant of said commission, and for\nthis purpose the commission shall establish administratively a separate\ndivision on interstate air pollution, and maintain separate financial\naccounts to reflect its direct and allocated costs and expenses;\nprovided, however, that the full commission, including the members\nrepresenting the state of Connecticut, shall rule on all matters\ntouching the accounting systems to be used and the charging and\nallocation of costs and expenses.\n