§ 21-1501 — Mid-Atlantic states air pollution control compact

* § 21-1501. Mid-Atlantic states air pollution control compact.\n The mid-Atlantic states air pollution control compact as first entered\ninto pursuant to chapter 475 of the laws of 1967, as amended by chapter\n476 of the laws of 1967, and as amended by chapter 385 of the laws of\n1968, and as subject to execution by the governor as provided in said\ncompact, is hereby continued. The compact is as follows:\n WHEREAS, the signatory parties recognize that they have certain\nserious problems in common with respect to pollution of the atmosphere\nby man-made contaminants; and\n WHEREAS, the nature and sources of air pollution are such that the\nstates' efforts can be effectively supplemented by control measures\napplicable to regional airsheds which cut across state boundaries; and\n WHEREAS, the signatory parties recognize that the protection and\nimprovement of the quality of their common atmosphere is vested with\nlocal, state and national interests, for which they have a joint\nresponsibility; and\n WHEREAS, the signatory parties have determined to establish a\nfederal-interstate agency, with jurisdiction and powers adequate to cope\nwith interstate air pollution problems;\n Now therefore, the states of New Jersey and New York and the United\nStates of America, and if any of them should join herein, the states of\nDelaware, Connecticut and the commonwealth of Pennsylvania,\nrespectively, hereby solemnly convenant and agree with each other, upon\nthe enactment of concurring legislation by the congress of the United\nStates and by the respective state legislatures, having the same effect\nas this part as follows:\n ARTICLE 1\n SHORT TITLE, DEFINITIONS AND FINDINGS\n § 1.1. Short title. This act shall be known and may be cited as the\n"Mid-Atlantic States Air Pollution Control Compact".\n § 1.2. Definitions. For the purposes of this compact, and of any\nsupplemental or concurring legislation enacted pursuant thereto, except\nas may be otherwise required by the context:\n (a) "Commission" shall mean the commission established by this\ncompact;\n (b) "Region" shall mean the territorial limits of the states which are\nor become parties to this compact;\n (c) "Compact" shall mean section 21-1501 of this title;\n (d) "Federal government" shall mean the government of the United\nStates of America, and any appropriate branch, department, bureau or\ndivision thereof, as the case may be;\n (e) "Signatory party" shall mean a state, commonwealth, or the federal\ngovernment, which has become a party to this compact by enactment of\nconcurring legislation;\n (f) "District" shall mean any area established, identified or defined\nby the commission in connection with the abatement or control of air\npollution;\n (g) "Air contaminant" shall mean dust, fumes, mist, smoke, or other\nparticulate matter, vapor, gas, odorous substance, or any combination\nthereof;\n (h) "Air pollution" shall mean the presence in the outdoor atmosphere\nof one or more air contaminants in such quantities and duration as is or\ntends to be injurious to human health or welfare, animal or plant life,\nor property, or would unreasonably interfere with the enjoyment of life\nor property;\n (i) "Emission" shall mean a release into the outdoor atmosphere of air\ncontaminants.\n § 1.3. Findings of fact. It is hereby found and declared that:\n (a) The tremendous growth of population and industry has resulted in\nsubstantial increases in atmospheric waste and air pollution over the\nentire region;\n (b) Air pollution does not respect political boundaries, and persons\nfar removed from its sources and having no responsibility for or control\nover its creation endure health hazards, discomfort and inconvenience\nand experience property damage and economic loss;\n (c) Air pollution is associated with such important respiratory\ndiseases as lung cancer, emphysema, chronic bronchitis and asthma, and\nis a general hazard to the public health and welfare, agricultural\ncrops, livestock and other property;\n (d) It is necessary and desirable to abate existing air pollution and\nprevent future air pollution so as to secure and maintain air quality\nwhich is consistent with the public health and welfare, the propagation\nand protection of plant and animal life, and the protection of property\nand other resources of the region;\n (e) In the present state of the art, there are no public facilities\nfor collection and disposal of atmospheric waste comparable to\nfacilities to cope with liquid and solid waste, and the effects of\nemissions differ greatly among air resource uses and users, under the\nvarious meteorological and geographic conditions, which disregard state\nboundaries.\n (f) Air pollution can best be controlled and abated at its sources,\nand, while such prevention, control and abatement is the primary\nobligation of the states, counties or municipalities in which it\noriginates, the problems of interstate air pollution can be more readily\nand effectively solved under a coordinated regionwide agency of the\nstate and federal governments.\n § 1.4. Existing agencies; construction. It is the purpose of the\nsignatory parties to preserve and utilize the functions, powers and\nduties of existing offices and agencies of government to the extent not\ninconsistent with the compact and the commission is authorized and\ndirected to utilize and employ such offices and agencies for the purpose\nof this compact to the fullest extent it finds feasible and\nadvantageous.\n ARTICLE 2\n ORGANIZATION AND ADMINISTRATION\n § 2.1. Commission created. There is hereby created the mid-Atlantic\nstates air pollution control commission as a body politic and corporate,\nwith perpetual succession as an agency and instrumentality of the\nrespective signatory parties.\n § 2.2. Commission membership. The commission shall consist of the\ngovernors of the signatory states, ex-officio, and one commissioner to\nbe appointed by the president of the United States, to serve during the\nterm of office of the president appointing him and until the appointment\nand qualification of his successor.\n § 2.3. Alternates. Each member of the commission shall appoint an\nalternate to act in his place and stead, with authority to attend all\nmeetings of the commission, and with power to vote in the absence of the\nmember. Unless otherwise provided by law of the signatory party for\nwhich he is appointed, each alternate shall serve during the term of the\nmember appointing him, subject to removal at the pleasure of the member.\nIn the event of a vacancy in the office of alternate, it shall be filled\nin the same manner as an original appointment for the unexpired term\nonly. In the event of the temporary absence or disability of an\nalternate, the member of the commission may appoint another qualified\nperson to act as his alternate for the duration of such temporary\nabsence or disability.\n § 2.4. Compensation. Members of the commission and alternates shall\nserve without compensation from the commission but may be reimbursed for\nnecessary expenses incurred in and incident to the performance of their\nduties.\n § 2.5. Voting power. Each member shall be entitled to one vote on all\nmatters which may come before the commission. No action of the\ncommission shall be taken at any meeting unless a majority of the\nmembership shall vote in favor thereof.\n § 2.6. Organization; procedure. The commission shall provide for its\nown organization and procedure and shall adopt rules and regulations\ngoverning its meetings and transactions. It shall organize annually by\nthe election of a chairman and vice-chairman from among its members. It\nshall provide by its rules for the appointment by each member in his\ndiscretion of an advisor to serve without compensation, who may attend\nall meetings of the commission and its committees.\n § 2.7. Jurisdiction. The commission shall have, exercise and discharge\nits functions, powers and duties within the region. It may by contract\nor otherwise act jointly, concurrently, or in cooperation with any other\nagency or instrumentality of government within or without the region for\nthe purpose of effectuating the purposes of this compact.\n § 2.8. Retained jurisdiction of signatory parties. (a) Unless\nauthorized by laws of the signatory states other than this compact, the\ncommission shall not have power to require licenses or permits for the\nconstruction, establishment, installation, maintenance or operation of\nany air pollution source or other equipment, device or facility; to\nrequire commission approval of any of the foregoing; or to confer upon\nthe commission any other power of licensure.\n (b) Nothing in this compact shall be construed to abrogate, impair or\nin any way prevent the enactment or application of any state or local\nlaw, code, ordinance, rule or regulation not inconsistent with this\ncompact, or with any standard, rule or regulation of the commission; and\nany such state or local law, code, ordinance, rule or regulation may be\nmore restrictive than any requirement in effect pursuant to this\ncompact.\n (c) Nothing in this compact shall be construed to affect any aspect of\nemployer-employee relations, including without limitation, statutes,\nrules or regulations governing industrial health and safety.\n ARTICLE 3\n POWERS AND DUTIES OF THE COMMISSION\n § 3.1. General powers.\n The commission shall:\n (a) Investigate the causes and sources of air pollution, identify air\ncontaminants, and provide for research and the compilation and analysis\nof information relating thereto;\n (b) Establish, after consultation with the appropriate agency of the\nsignatory parties, standards for air quality and requirements for the\ncontrol of emissions of air contaminants to abate existing air pollution\nand to prevent future air pollution, subject to the provisions of\narticle four of this compact;\n (c) Provide and administer plans and programs to effectuate such air\nquality standards and emission control requirements;\n (d) Promote, sponsor and conduct technical, educational and research\nprograms and projects to identify and evaluate air contaminants and to\ndevelop and apply methods, systems and procedures for the abatement and\nprevention of air pollution; and\n (e) Enforce or provide for the enforcement of the compact and rules\nand regulations lawfully promulgated thereunder;\n (f) Furnish technical services, advice and consultation to agencies of\nthe signatory parties, provided that the costs of such services may be\nreimbursable whenever the parties deem appropriate.\n § 3.2. Auxiliary powers. In furtherance of the powers and duties\nelsewhere prescribed in this compact, the commission may:\n (a) Sue and be sued in a court of competent jurisdiction;\n (b) Have a seal and alter the same at pleasure;\n (c) Acquire, hold and dispose of real and personal property by gift,\npurchase, lease, license or other similar manner for its corporate\npurposes and accept grants and comply with the conditions thereof;\n (d) Provide for the organization and administration of a commission\nstaff and retain and employ counsel and private consultants on a\ncontract basis or otherwise;\n (e) Administer and enforce the provisions of this compact;\n (f) Make and enforce such rules and regulations as the commission may\ndeem necessary to effectuate the purposes of this compact or to prevent\nthe circumvention or evasion thereof;\n (g) By its members and its properly designated officers, agents and\nemployees, administer oaths and issue subpoenas throughout the region to\ncompel the attendance of witnesses and the giving of testimony and the\nproduction of other evidence;\n (h) Have for its members and its properly designated officers, agents\nand employees, full and free access, ingress and egress to and from all\nproperty, premises and places in the region, for the purpose of making\ninspection or enforcing the provisions of this compact, where there is\nreasonable cause to believe there is a violation of this compact or of\nany rule or regulation lawfully made thereunder; and no person shall\nobstruct or in any way interfere with any such member, officer, employee\nor agent in the making of such inspection, or in the enforcement of the\nprovisions of this compact or in the performance of any other power or\nduty under this compact; and\n (i) Cooperate with and receive from any department, division, bureau,\nboard, commission, or agency of any or all of the signatory parties, or\nof any county or municipality thereof, such assistance and data as will\nenable it properly to carry out its powers and duties hereunder, and may\nauthorize and request any such department, division, bureau, board,\ncommission or agency, with the consent thereof, to execute such of its\nfunctions and powers as the public interest may require.\n ARTICLE 4\n AIR QUALITY STANDARDS AND EMISSION CONTROL REQUIREMENTS\n § 4.1. Generally. The commission shall have jurisdiction to abate\nexisting air pollution and to prevent and control future air pollution\nin the region, and to this and it shall:\n (a) Prepare and develop standards of air quality and emission control\nrequirements for the region as required to protect the public health and\nwelfare and prevent air pollution which would unreasonably impair the\nbeneficial use of the air of the region. To this end, it shall encourage\nand conduct studies, investigations and research relating to air\npollution and its causes, prevention, control and abatement.\n (b) For the purpose of such standards, the commission may establish\nand delineate districts and airsheds, seasonal requirements, and\nclassifications of air contaminants by type and source, for general or\nselective application of such standards and emission controls.\n (c) Prior to the adoption of standards or emission control\nrequirements, the commission shall hold public hearings upon due notice\nof the proposed standards, and all interested persons shall be given an\nopportunity to be heard at such hearing. After such notice and hearing,\nthe commission may adopt and from time to time amend and repeal\nstandards in the form of rules and regulations to prevent or control\nfuture air pollution and to abate existing air pollution, and to require\nthe installation of such measures, systems and procedures for the\nabatement or prevention of air pollution as may be required to protect\nthe public health, safety, property rights, and general welfare. Any\nsuch rule or regulation, amendment or repeal thereof shall take effect\nnot less than sixty (60) days after its adoption by the commission and\nfiling as required by law.\n § 4.2. Monitoring; warnings; emergencies. The commission shall: (a)\nProvide for a uniform, comprehensive and integrated system for\nmonitoring atmospheric waste in the region, the measurement and\nforecasting of air pollution, and the identification of significant\nmeteorological, geographical, and ecological factors within the region,\nits districts or airsheds;\n (b) Establish and administer warning and alert procedures and systems\nwith respect to impending and existing conditions of sewer and\nimmediately dangerous air pollution;\n (c) Upon authorization by any one of the signatory states, exercise\nemergency powers within those portions of the region lying within the\nauthorizing state to require the reduction or cessation of emissions of\nair contaminants, and to require the taking or refining from any other\nmeasure as may be necessary in the public interest to alleviate or abate\nthe immediate danger.\n § 4.3. Enforcement. (a) The commission may, after such notice and\nhearing as may be required by due process of law, issue an order or\norders to any person or public or private corporation, or other entity,\nto cease and desist from any emissions which it determines to be in\nviolation of such rules and regulations as it shall have adopted for the\nprevention and abatement of air pollution. Any such order or orders may\nprescribe a schedule, including a reasonable time for the construction\nand installation of any necessary systems, methods and procedures, on or\nbefore which the emission of air contaminants shall be wholly or\npartially discontinued, modified or treated, or otherwise required to\nconform to the standards established by the commission. Any court of\ncompetent jurisdiction shall have jurisdiction to enforce by injunction\nin a summary manner against any person, public or private corporation,\nor other entity, any and all provisions of this article or of any such\norder. The commission may bring an action in its own name in any such\ncourt of competent jurisdiction to compel compliance with any provisions\nof this compact, or of any rule, regulation or order issued pursuant\nthereto, according to the practice and procedure of the court.\n (b) In the case of air pollution not within an interstate district or\nairshed as established by the commission, the commission shall give\npriority to enforcement proceedings by other agencies of the signatory\nparties; provided, however, that the provisions of this subdivision may\nnot be asserted as a defense in any action or proceeding brought by the\ncommission.\n § 4.4. Hearings; subpoenas. (a) The commission shall establish by\nappropriate regulation the procedure to be followed in the conduct of\nits hearings. Neither the commission nor any person designated by it to\nconduct a hearing shall be bound by common law or statutory rules of\nevidence or by technical or formal rules of procedure in the conduct of\nsuch hearings.\n (b) The commission, or such member or officer of the commission as may\nbe designated by the commission for that purpose shall have the power to\nissue subpoenas effective throughout the region to compel the attendance\nof witnesses and the giving of testimony or production of other\nevidence, and to administer oaths in connection with any such hearing.\nIt shall be the duty of the commission or of such member or officer of\nthe commission as it may designate to issue subpoenas at the request of\nand on behalf of any part to a hearing before the commission. Subpoenas\nissued by the commission shall be enforced by any court of competent\njurisdiction of the signatory parties, according to the practice and\nprocedure of the court applicable to subpoenas issued in proceedings\npending before it.\n § 4.5. Penal sanction. Any person, association, or corporation who\nviolates or attempts or conspires to violate any provision of this\ncompact or any rule, regulation or order of the commission duly made,\npromulgated or issued pursuant to the compact, in addition to any other\nremedy, penalty or consequence provided by law, shall be punishable as\nmay be provided by statute of any of the signatory parties within which\nthe offense is committed; provided that in the absence of such provision\nany such person, association or corporation, shall be liable to a\npenalty of not less than fifty dollars and not more than one thousand\ndollars, for each such offense to be fixed by the court, which the\ncommission may recover in its own name in any court of competent\njurisdiction, and in a summary proceeding where available under the\npractice and procedure of such court. For the purposes of this section\nin the event of a continuing offense, each day of such violation,\nattempt or conspiracy shall constitute a separate offense.\n § 4.6. Judiciary review. Any order or determination of the commission\nunder this article shall be subject to judicial review in any court of\ncompetent jurisdiction as provided by the law of a signatory party.\n ARTICLE 5\n PERSONNEL AND PROCEDURES GENERALLY\n § 5.1. Powers of the commissioners. The commissioners, subject to the\nprovisions of this compact, shall:\n (a) Serve as the governing body of the commission, and exercise and\ndischarge its powers and duties except as otherwise provided by or\npursuant to this compact;\n (b) Determine the character of and the necessity for its obligations\nand expenditures and the manner in which they shall be incurred, allowed\nand paid subject to any provisions of law specifically applicable to\nagencies or instrumentalities created by compact;\n (c) Provide for the internal organization and administration of the\ncommission;\n (d) Appoint or provide for the appointment of the principal officers\nof the commission and delegate to and allocate among them administrative\nfunctions, powers and duties;\n (e) Create and abolish such offices, employments and positions as it\ndeems necessary for the purposes of the compact, and subject to the\nprovisions of this article, fix and provide for the qualification,\nappointment, removal, term, tenure, compensation, pension and retirement\nrights of its officers and employees;\n (f) Let and execute contracts to carry out the powers of the\ncommission.\n § 5.2. Regulations; enforcement. The commission may:\n (a) Make and enforce reasonable rules and regulations in the form of\nan air pollution code or otherwise, for the effectuation, application\nand enforcement of this compact; provided that any rule or regulation,\nother than one which deals solely with the internal management of the\ncommission, shall be adopted only after public hearing and shall not be\neffective unless and until filed in accordance with the law of the\nrespective signatory parties applicable to administrative rules and\nregulations generally; provided further, that a certified copy of any\nsuch rule or regulation, attested as true and correct by the commission,\nshall be presumptive evidence of the regular making, adoption, filing\nand publication thereof; and\n (b) Designate any officer, agent or employee of the commission to be\nan investigator, and such person shall be vested with the powers of a\npeace officer of the state in which he is duly assigned to perform his\nduties.\n § 5.3. Confidential information. Any records or other information\nfurnished to or obtained by the commission in the exercise of its\npowers, functions and duties from any private person, corporation or\nother entity which records or information, as certified by the owner or\noperator, relate to production or sales figures, or to secret processes\nor production, or which if made known to others would tend to affect\nadversely the competitive position of such owner or operator, shall be\nretained solely for the use of the commission and its employees, in the\nadministration and enforcement of this compact, and for the use of air\npollution control agencies of the signatory parties in the\nadministration and enforcement of state or federal law, and shall not be\npublished or disclosed for any other purpose by any officer or employee\nof the commission or any other person without the written consent of\nsuch owner or operator.\n § 5.4. Officers generally. (a) The officers of the commission shall\nconsist of an executive director and such additional officers, deputies\nand assistants as the commission may determine. The executive director\nshall be appointed and may be removed by the affirmative vote of a\nmajority of the full membership of the commission. All other officers\nand employees shall be appointed in such manner and under such rules of\nprocedure as the commission may determine.\n (b) In the appointment and promotion of officers and employees for the\ncommission, no political, racial, religious or residency test or\nqualification shall be permitted or given consideration, but all such\nappointments and promotions shall be solely on the basis of merit and\nfitness. Any officer or employee of the commission who is found by the\ncommission to be guilty of a violation of this section shall be removed\nfrom office by the commission.\n § 5.5. Meetings; records. (a) All meetings of the commission shall be\nopen to the public.\n (b) The minutes of the commission shall be a public record open to\ninspection and copying at its offices during regular business hours,\nsubject to the law relating to public records of the signatory states in\nwhich such minutes are located.\n § 5.6. Prohibited activities. (a) No commissioner, officer or employee\nshall:\n 1) be financially interested, either directly or indirectly, in any\ncontract, sale, purchase, lease or transfer of real or personal property\nto which the commission is a party;\n 2) solicit or accept money or any other thing of value in addition to\nthe compensation or expenses paid him by the commission for services\nperformed within the scope of his official duties;\n 3) offer money or any thing of value for or in consideration of\nobtaining an appointment, promotion or privilege in his employment with\nthe commission.\n (b) Any officer or employee who shall wilfully violate any of the\nprovisions of this section shall forfeit his office or employment.\n (c) Any contract or agreement knowingly made in contravention of this\nsection shall be void.\n (d) Officers and employees of the commission shall be subject in\naddition to the provisions of this section to such criminal and civil\nsanctions for misconduct in office as may be imposed by federal law and\nthe law of the signatory state in which such misconduct occurs.\n § 5.7. Audit. The commission shall provide for an annual independent\naudit of its accounts and financial transactions by a certified public\naccountant, and for the publication of the report of such audit.\n § 5.8. Tort liability. The commission shall be responsible for claims\narising out of the negligent acts or omissions of its officers, agents\nand employees only to the extent and subject to the procedures\nprescribed by law generally with respect to officers, agents and\nemployees of the government of the United States.\n ARTICLE 6\n GENERAL PROVISIONS\n § 6.1. Commission budget. The commission shall annually adopt a\ncurrent expense budget for each fiscal year, and shall apportion the\namount required to balance the expenditures therein, less estimated\nrevenues from all sources, to the signatory parties in accordance with\nsuch equitable cost-sharing formulae as the members of the commission\nmay adopt by unanimous vote. Following the adoption of its annual\nbudget, the commission shall transmit certified copies of the budget to\nthe budget officer of the respective signatory parties at such time and\nin such manner as may be required under their respective budgetary\nprocedures. The signatory parties covenant and agree to include the\namount so apportioned for the support of the commission's current\nexpense budget in their respective budgets next to be adopted, subject\nto such review and approval as may be required by their respective\nbudgetary processes. Such amounts shall be due and payable to the\ncommission in equal quarterly installments during the commission's\nfiscal year.\n § 6.2. Cooperation. Each signatory party pledges faithful cooperation\nin the control of air pollution in the region and consistent with such\nobject to enact (or if enacted, to keep in force and where necessary to\namend) laws which will:\n (a) Enable it to secure and maintain standards of air quality at least\nequal to those prescribed by the commission;\n (b) Accomplish effectively the objectives of this compact, and enable\nits officers, departments, boards and agents satisfactorily to\naccomplish the obligations and duties assumed by the party under the\nterms hereof; and\n (c) Enable it to provide technical and administrative services to the\ncommission upon request, within the limits of available appropriations,\nand to cooperate generally with the commission for the purposes of this\ncompact, provided that the cost of such services may be reimbursable\nwhenever the parties deem appropriate.\n § 6.3. Withdrawal from compact. (a) A signatory party may withdraw\nfrom this compact by enacting a statute repealing the same, but no such\nwithdrawal shall become effective until two (2) years after the chief\nexecutive of the withdrawing party has given notice of the withdrawal to\nthe commission and to each commissioner.\n (b) No withdrawal shall affect any obligation of a signatory party or\nany person therein accruing prior to the effective date of the\nwithdrawal, nor any abatement order of the commission issued prior to\nsuch effective date nor shall any proceeding initiated for the\nenforcement thereof be invalidated or otherwise affected thereby. The\njurisdiction of all appropriate courts and agencies for the enforcement\nof any such order shall continue, notwithstanding the fact that the\neffective date of the withdrawal may have passed.\n § 6.5. Amendments and supplements. Amendments and supplements to this\ncompact to implement the purposes thereof may be adopted by legislative\naction of any of the signatory parties concurred in by all of the\nothers.\n § 6.6. Construction and severability. The provisions of this compact\nand of agreements thereunder shall be severable and if any phrase,\nclause, sentence or provision of this compact of such agreement is\ndeclared to be unconstitutional or the applicability thereof to any\nsignatory party, agency or person is held invalid, the constitutionality\nof the remainder of such compact or such agreement and the applicability\nthereof to any other signatory party, agency, person or circumstance\nshall not be affected thereby. It is the legislative intent that the\nprovisions of such compact be reasonably and liberally construed.\n § 6.7. Effective date; execution. (a) This compact shall become\nbinding and effective thirty days after the enactment of concurring\nlegislation by the federal government and the state of New Jersey. The\ncompact shall be signed and sealed in six duplicate original copies by\nthe respective chief executives of the signatory parties. One such copy\nshall be filed with each of the signatory parties in accordance with the\nlaws of the party in which the filing is made, and the remaining copies\nshall be filed and retained in the archives of the commission upon its\norganization.\n (b) Thereafter, the compact shall become binding and effective\nseparately as to each of the states of Connecticut and Delaware and the\ncommonwealth of Pennsylvania thirty (30) days after enactment of\nconcurring legislation by such states or commonwealth.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n Quality Act of 1967 (81 stat. 485)\n