§ 46-16-1. Interstate compact authorized — Text of compact.
The commission on interstate cooperation, acting with and through the office of the
attorney general, is hereby directed to negotiate with the proper authorities of the
states of Maine, New Hampshire, Vermont, Massachusetts, and Connecticut a compact
in substantially the following form, which is hereby ratified:
NEW ENGLAND INTERSTATE WATER POLLUTION CONTROL COMPACT
Whereas, the growth of population and the development of the territory of the New
England states has resulted in serious pollution of certain interstate streams, ponds
and lakes, and of tidal waters ebbing and flowing past the boundaries of two (2) or
more states; and
Whereas, such pollution constitutes a menace to the health, welfare and economic prosperity
of the people living in such area; and
Whereas, the abatement of existing pollution and the control of future pollution in
the interstate waters of the New England area are of prime importance to the people
and can best be accomplished through the co-operation of the New England states in
the establishment of an interstate agency to work with the states in the field of
pollution abatement;
Now, therefore, the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island and Vermont do agree and are bound as follows:
ARTICLE I
It is agreed between the signatory states that the provisions of this compact shall
apply to streams, ponds and lakes which are contiguous to two (2) or more signatory
states or which flow through two (2) or more signatory states or which have a tributary
contiguous to two (2) or more signatory states or flowing through two (2) or more
signatory states, and also shall apply to tidal waters ebbing and flowing past the
boundaries of two (2) states.
ARTICLE II
There is hereby created the New England interstate water pollution control commission
(hereinafter referred to as "the commission�) which shall be a body corporate and politic, having the powers, duties and jurisdiction
herein enumerated and such other and additional powers as shall be conferred upon
it by the act or acts of a signatory state concurred in by the others.
ARTICLE III
The commission shall consist of five (5) commissioners from each signatory state,
each of whom shall be a resident voter of the state from which he or she is appointed.
The commissioners shall be chosen in the manner and for the terms provided by law
of the state from which they shall be appointed. For each state there shall be on
the commission a member representing the state health department, a member representing
the state water pollution control board (if such exists), and, except where a state
in its enabling legislation decides that the best interests of the state will be otherwise
served, a member representing municipal interests, a member representing industrial
interests, and a member representing an agency acting for fisheries or conservation.
ARTICLE IV
The commission shall annually elect from its members a chairperson and vice chairperson
and shall appoint and at its pleasure remove or discharge such officers. It may appoint
and employ a secretary who shall be a professional engineer versed in water pollution
and may employ such stenographic or clerical employees as shall be necessary, and
at its pleasure remove or discharge such employees. It shall adopt a seal and suitable
bylaws and shall promulgate rules and regulations for its management and control.
It may maintain an office for the transaction of its business and may meet at any
time or place within the signatory states. Meetings shall be held at least twice each
year. A majority of the members shall constitute a quorum for the transaction of business,
but no action of the commission imposing any obligations on any signatory state or
on any municipal agency or subdivision thereof or on any person, firm or corporation
therein shall be binding unless a majority of the members from such signatory state
shall have voted in favor thereof. Where meetings are planned to discuss matters relevant
to problems of water pollution control affecting only certain of the signatory states,
the commission may vote to authorize special meetings of the commissioners of the
states especially concerned. The commission shall keep accurate accounts of all receipts
and disbursements and shall make an annual report to the governor and the legislature
of each signatory state setting forth in detail the operations and transactions conducted
by it pursuant to this compact, and shall make recommendations for any legislative
action deemed by it advisable, including amendments to the statutes of the signatory
states which may be necessary to carry out the intent and purposes of this compact.
The commission shall not incur any obligations for salaries, office, administrative,
traveling or other expenses prior to the allotment of funds by the signatory states
adequate to meet the same; nor shall the commission pledge the credit of any of the
signatory states. Each state reserves the right to provide hereafter by law for the
examination and audit of the accounts of the commission. The commission shall appoint
a treasurer who may be a member of the commission, and disbursements by the commission
shall be valid only when authorized by the commission and when vouchers therefor have
been signed by the secretary and countersigned by the treasurer. The secretary shall
be custodian of the records of the commission with authority to attest to and certify
such records or copies thereof.
ARTICLE V
It is recognized, owing to such variable factors as location, size, character and
flow and the many varied uses of the waters subject to the terms of this compact,
that no single standard of sewage and waste treatment and no single standard of quality
of receiving waters is practical and that the degree of treatment of sewage and industrial
wastes should take into account the classification of the receiving waters according
to present and proposed highest use, such as for drinking water supply, industrial
and agricultural uses, bathing and other recreational purposes, maintenance and propagation
of fish life, shellfish culture, navigation and disposal of wastes.
The commission shall establish reasonable physical, chemical and bacteriological standards
of water quality satisfactory for various classifications of use. It is agreed that
each of the signatory states through appropriate agencies will prepare a classification
of its interstate waters in entirety or by portions according to present and proposed
highest use and for this purpose technical experts employed by state departments of
health and state water pollution control agencies are authorized to confer on questions
relating to classification of interstate waters affecting two (2) or more states.
Each signatory state agrees to submit its classification of its interstate waters
to the commission for approval. It is agreed that after such approval all signatory
states through their appropriate state health departments and water pollution control
agencies will work to establish programs of treatment of sewage and industrial wastes
which will meet standards established by the commission for classified waters. The
commission may from time to time make such changes in definitions of classifications
and in standards as may be required by changed conditions or as may be necessary for
uniformity.
ARTICLE VI
Each of the signatory states pledges to provide for the abatement of existing pollution
and for the control of future pollution of interstate inland and tidal waters as described
in Article I, and to put and maintain the waters thereof in a satisfactory condition
consistent with the highest classified use of each body of water.
ARTICLE VII
Nothing in this compact shall be construed to repeal or prevent the enactment of any
legislation or prevent the enforcement of any requirement by any signatory state imposing
any additional condition or restriction to further lessen the pollution of waters
within its jurisdiction. Nothing herein contained shall affect or abate any action
now pending brought by any governmental board or body created by or existing under
any of the signatory states.
ARTICLE VIII
The signatory states agree to appropriate for the salaries, office, administrative,
travel and other expenses such sum or sums as shall be recommended by the commission.
The state of Massachusetts obligates itself only to the extent of six thousand five
hundred dollars ($6,500) in any one year, the state of Connecticut only to the extent
of three thousand dollars ($3,000) in any one year, the state of Rhode Island only
to the extent of one thousand five hundred dollars ($1,500) in any one year, and the
states of New Hampshire, Maine, and Vermont each only to the extent of one thousand
dollars ($1,000) in any one year.
ARTICLE IX
Should any part of this compact be held to be contrary to the constitution of any
signatory state or of the United States, all other parts thereof shall continue to
be in full force and effect.
ARTICLE X
The commission is authorized to discuss with appropriate state agencies in New York
state questions of pollution of waters which flow into the New England area from New
York state or vice versa and to further the establishment of agreements on pollution
abatement to promote the interests of the New York and New England areas.
Whenever the commission by majority vote of the members of each signatory state shall
have given its approval and the state of New York shall have taken the necessary action
to do so, the state of New York shall be a party to this compact for the purpose of
controlling and abating the pollution of waterways common to New York and the New
England states signatory to this compact but excluding the waters under the jurisdiction
of the interstate sanitation commission (New York, New Jersey and Connecticut).
ARTICLE XI
This compact shall become effective immediately upon the adoption of the compact by
any two (2) contiguous states of New England but only insofar as applies to those
states and upon approval by federal law. Thereafter upon ratification by other contiguous
states, it shall also become effective as to those states.