62.1-71 - Form and terms of compact.
§ 62.1-71. Form and terms of compact.
Whereas, a substantial part of the territory of each of the signatory statesis situated within the drainage basin of the Ohio River;
Whereas, the rapid increase in the population of the various metropolitanareas situated within the Ohio drainage basin and the growth in industrialactivity within that area have resulted in recent years in an increasinglyserious pollution of the waters and streams within the said drainage basin,constituting a grave menace to the health, welfare, and recreationalfacilities of the people living in such basin, and occasioning great economicloss; and
Whereas, the control of future pollution and the abatement of existingpollution in the waters of said basin are of prime importance to the peoplethereof and can best be accomplished through the cooperation of the statessituated therein, by and through a joint or common agency;
Now, therefore, the states of Illinois, Indiana, Kentucky, New York, Ohio,Pennsylvania, Tennessee and West Virginia, do hereby covenant and agree asfollows:
Article I.
Each of the signatory states pledges to each of the other signatory statesfaithful cooperation in the control of future pollution in and abatement ofexisting pollution from the rivers, streams, and waters in the Ohio RiverBasin which flow through, into or border upon any of such signatory states,and in order to effect such object agrees to enact any necessary legislationto enable each such state to police and maintain the waters of that basin ina satisfactory sanitary condition, available for safe and satisfactory use aspublic and industrial water supplies after reasonable treatment, suitable forrecreational usage, capable of maintaining fish and other aquatic life, freefrom unsightly or malodorous nuisances due to floating solids or sludgedeposits, and adaptable to such other uses as may be legitimate. Article II.
The signatory states hereby create a district to be known as the "Ohio RiverValley Water Sanitation District," hereinafter called the district, whichshall embrace all territory within the signatory states, the water in whichflows ultimately into the Ohio River, or its tributaries. Article III.
The signatory states hereby create the "Ohio River Valley Water SanitationCommission," hereinafter called the Commission, which shall be a bodycorporate, with the powers and duties set forth herein, and such additionalpowers as may be conferred upon it by subsequent action of the respectivelegislatures of the signatory states or by act or acts of the Congress of theUnited States. Article IV.
The Commission shall consist of three commissioners from each state, each ofwhom shall be a citizen of the state from which he is appointed, and threecommissioners representing the United States government. The commissionersfrom each state shall be chosen in the manner and for the terms provided bythe laws of the state from which they shall be appointed, and anycommissioner may be removed or suspended from office as provided by the lawof the state from which he shall be appointed. The Commissioners representingthe United States shall be appointed by the President of the United States,or in such other manner as may be provided by Congress. The Commissionersshall serve without compensation, but shall be paid their actual expensesincurred in and incident to the performance of their duties; but nothingherein shall prevent the appointment of an officer or employee of any stateor of the United States government. Article V.
The Commission shall elect from its number a chairman and vice-chairman, andshall appoint, and at its pleasure remove or discharge, such officers andlegal, clerical, expert and other assistants as may be required to carry theprovisions of this compact into effect, and shall fix and determine theirduties, qualifications and compensation. It shall adopt a seal and suitablebylaws, and shall adopt and promulgate rules and regulations for itsmanagement and control. It may establish and maintain one or more officeswithin the district for the transaction of its business, and may meet at anytime or place. One or more commissioners from a majority of the member statesshall constitute a quorum for the transaction of business.
The Commission shall submit to the governor of each state, at such time as hemay request, a budget of its estimated expenditures, for such period as maybe required by the laws of such state for presentation to the legislaturethereof.
The Commission shall keep accurate books of account, showing in full itsreceipts and disbursements, and such books of account shall be open at anyreasonable time to the inspection of such representatives of the respectivesignatory states as are duly constituted for that purpose.
On or before the first day of December of each year, the Commission shallsubmit to the respective governors of the signatory states a full andcomplete report of its activities for the preceding year.
The Commission shall not incur any obligations of any kind prior to themaking of appropriations adequate to meet the same; nor shall the Commissionpledge the credit of any of the signatory states, except by and with theauthority of the legislature thereof. Article VI.
It is recognized by the signatory states that no single standard for thetreatment of sewage or industrial wastes is applicable in all parts of thedistrict due to such variable factors as size, flow, location, character,self-purification, and usage of waters within the district. The guidingprinciple of this compact shall be that pollution by sewage or industrialwastes originating within a signatory state shall not injuriously affect thevarious uses of the interstate waters as hereinbefore defined.
All sewage from municipalities or other political subdivisions, public orprivate institutions, or corporations, discharged or permitted to flow intothese portions of the Ohio River and its tributary waters which formboundaries between, or are contiguous to, two or more signatory states, orwhich flow from one signatory state into another signatory state, shall be sotreated, within a time reasonable for the construction of the necessaryworks, as to provide for substantially complete removal of settleable solidsand the removal of not less than forty-five per centum of the total suspendedsolids; provided that, in order to protect the public health or to preservethe waters for other legitimate purposes, including those specified inArticle I, in specific instances such higher degree of treatment shall beused as may be determined to be necessary by the Commission afterinvestigation, due notice and hearing.
All industrial wastes discharged or permitted to flow into the aforesaidwaters shall be modified or treated, within a time reasonable for theconstruction of the necessary works, in order to protect the public health orto preserve the waters for other legitimate purposes, including thosespecified in Article I, to such degree as may be determined to be necessaryby the Commission after investigation, due notice and hearing.
All sewage or industrial wastes discharged or permitted to flow intotributaries of the aforesaid waters situated wholly within one state shall betreated to that extent, if any, which may be necessary to maintain suchwaters in a sanitary and satisfactory condition at least equal to thecondition of the waters of the interstate stream immediately above theconfluence.
The Commission is hereby authorized to adopt, prescribe and promulgate rules,regulations and standards for administering and enforcing the provisions ofthis article. Article VII.
Nothing in this compact shall be construed to limit the powers of anysignatory state, or to repeal or prevent the enactment of any legislation orthe enforcement of any requirement by any signatory state, imposingadditional conditions and restrictions to further lessen or prevent thepollution of waters within its jurisdiction. Article VIII.
The Commission shall conduct a survey of the territory included within thedistrict, shall study the pollution problems of the district, and shall makea comprehensive report for the prevention or reduction of stream pollutiontherein. In preparing such report, the Commission shall confer with anynational or regional planning body which may be established, and anydepartment of the federal government authorized to deal with matters relatingto the pollution problems of the district. The Commission shall draft andrecommend to the governors of the various signatory states uniformlegislation dealing with the pollution of rivers, streams and waters andother pollution problems within the district. The Commission shall consultwith and advise the various states, communities, municipalities,corporations, persons, or other entities with regard to particular problemsconnected with the pollution of waters, particularly, with regard to theconstruction of plants for the disposal of sewage, industrial and otherwaste. The Commission shall, more than one month prior to any regular meetingof the legislature of any state which is a party thereto, present to thegovernor of the state its recommendations relating to enactments to be madeby any legislature in furthering the intents and purposes of this compact. Article IX.
The Commission may from time to time after investigation and after a hearing,issue an order or orders upon any municipality, corporation, person, or otherentity discharging sewage or industrial waste into the Ohio River, or anyother river, stream or water, any part of which constitutes any part of theboundary line between any two or more of the signatory states, or into anystream any part of which flows from any portion of one signatory statethrough any portion of another signatory state. Any such order or orders mayprescribe the date on or before which such discharge shall be wholly orpartially discontinued, modified or treated or otherwise disposed of. TheCommission shall give reasonable notice of the time and place of the hearingto the municipality, corporation or other entity against which such order isproposed. No such order shall go into effect unless and until it receives theassent of at least a majority of the commissioners from each or not less thana majority of the signatory states; and no such order upon a municipality,corporation, person or entity in any state shall go into effect unless anduntil it receives the assent of not less than a majority of the commissionersfrom such state.
It shall be the duty of the municipality, corporation, person or other entityto comply with any such order issued against it or him by the Commission, andany court of general jurisdiction or any United States district court in anyof the signatory states shall have the jurisdiction, by mandamus, injunction,specific performance or other form of remedy to enforce any such orderagainst any municipality, corporation or other entity domiciled or locatedwithin such state or whose discharge of the waste takes place within oradjoining such state, or against any employee, department or subdivision ofsuch municipality, corporation, person or other entity; provided, that suchcourt may review the order and affirm, reverse or modify the same upon any ofthe grounds customarily applicable in proceedings for court review ofadministrative decisions. The Commission or, at its request, the AttorneyGeneral or other law enforcing official, shall have power to institute insuch court any action for the enforcement of such order. Article X.
The signatory states agree to appropriate for the salaries, office and otheradministrative expenses, their proper proportion of the annual budget asdetermined by the Commission and approved by the governors of the signatorystates, one half of such amount to be prorated among the several states inproportion of their population within the district at the last precedingfederal census, the other half to be prorated in proportion to their landarea within the district. Article XI.
This compact shall become effective upon ratification by the legislatures ofa majority of the states located within the district and upon approval by theCongress of the United States; and shall become effective as to anyadditional states signing thereafter at the time of such signing.
(Code 1950, § 62-67.2; 1968, c. 659.)