KRS 224.18-760: Ohio River Valley Water Sanitation Compact.

The following Ohio River Valley Water Sanitation Compact, which has been negotiated

by representatives of the states of Illinois, Indiana, Kentucky, New York, Ohio,

Pennsylvania, Tennessee and West Virginia, is approved, ratified, adopted, enacted into

law, and entered into by the Commonwealth of Kentucky as a party thereto and signatory

state, namely:

OHIO RIVER VALLEY WATER SANITATION COMPACT

Between the States of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania,

Tennessee and West Virginia

Pursuant to authority granted by an Act of the 74th Congress of the United States,

Public Resolution 104, approved June 8, 1936, conferences of delegates appointed to

draft the compact were held at Cincinnati, Ohio, on November 20, 1936; January 17,

1938; May 24, 1938; June 13, 1938; October 11, 1938.

Whereas, A substantial part of the territory of each of the signatory states is situated

within the drainage basin of the Ohio River; and

Whereas, The rapid increase in the population of the various metropolita n areas

situated within the Ohio drainage basin, and the growth in industrial activity within that

area, have resulted in recent years in an increasingly serious pollution of the waters and

streams within the said drainage basin, constituting a grave menace to the health, welfare,

and recreational facilities of the people living in such basin, and occasioning great

economic loss; and

Whereas, The control of future pollution and the abatement of existing pollution in

the waters of said basin are of prime im portance to the people thereof, and can best be

accomplished through the cooperation of the States situated 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 as follows:

ARTICLE I

Each of the signatory States pledges to each of the other signatory States faithful

cooperation in the control of future pollution in and abatement of existing pollution from

the rivers, streams and waters in the Ohio River basin which flow through, into or border

upon any of such signatory States, and in order to effect such object, agrees to enact any

necessary legislation to enable each such State to place and maintain the waters of said

basin in a satisfactory sanitary condition, available for safe and satisfactory use as public

and industrial water supplies after reasonable treatment, suitable for recreational usage,

capable of maintaining fish and other aquatic life, free from unsi ghtly or malodorous

nuisances due to floating solids or sludge deposits, 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 River Valley

Water Sanitation District," hereinafter called the District, which shall embrace all territory

within the signatory States, the water in which flows ultimately into the Ohio River, or its

tributaries.

ARTICLE III

The signatory States hereby create the "Ohio River Valley Water Sanitation

Commission," hereinafter called the Commission, which shall be a body corporate, with

the powers and duties set forth herein, and such additional powers as may be conferred

upon it by subsequent action of the respective legislatures of the signatory States or by act

or acts of the Congress of the United States.

ARTICLE IV

The Commission shall consist of three commissioners from each State, each of

whom shall be a citizen of the State from which he is appointed, and three commissioners

representing the United States Government. The commissioners from each State shall be

chosen in the manner and for the terms provided by the laws of the States from which

they shall be appointed, and any commissioner may be removed or suspended from office

as provided by the law of the State from which he shall be appointed. The commissioners

representing the United States shall be appointed by the President of the United States, or

in such other manner as may be provided by Congress. The commissioners shall serve

without compensation, but shall be paid their actual expenses incurred in and incident to

the performance of their duties; but nothing herein shall prevent the appointment of an

officer or employee of any State or of the United States Government.

ARTICLE V

The Commission shall elect from its number a chairman and vice chairman, and

shall appoint, and at its pleasure remove or discharge, such officers and legal, clerical,

expert and other assistants as may be required to carry the provisions of this compact into

effect, and shall fix and determine their duties, qualifications and compensation. It shall

adopt a seal and suitable bylaws, and shall adopt and promulgate rules and regulations for

its management and control. It may establish and maintain one or more offices within the

District for the transaction of its business, and may meet at any time or place. One or

more commissioners from a majority of the member States shall constitute a quorum fo r

the transaction of business.

The Commission shall submit to the Governor of each State, at such time as he may

request, a budget of its estimated expenditures for such period as may be required by the

laws of such State for presentation to the legislature thereof.

The Commission shall keep accurate books of account, showing in full its receipts

and disbursements, and said books of account shall be open at any reasonable time to the

inspection of such representatives of the respective signatory States as may be duly

constituted for that purpose.

On or before the first day of December of each year, the Commission shall submit

to the respective governors of the signatory States a full and complete report of its

activities for the preceding year.

The Commission shall not incur any obligations of any kind prior to the making of

appropriations adequate to meet the same; nor shall the Commission pledge the credit of

any of the signatory States, except by and with the authority of the legislature thereof.

ARTICLE VI

It is recognized by the signatory States that no single standard for the treatment of

sewage or industrial wastes is applicable in all parts of the District due to such variable

factors as size, flow, location, character, self -purification, and usage of waters within the

District. The guiding principle of this compact shall be that pollution by sewage or

industrial wastes originating within a signatory State shall not injuriously affect the

various uses of the interstate waters as hereinbefore defined.

All sewage from municipalities or other political subdivisions, public or private

institutions, or corporations, discharged or permitted to flow into these portions of the

Ohio River and its tributary waters which form boundaries between, or are contig uous to,

two or more signatory States, or which flow from one signatory State into another

signatory State, shall be so treated, within a time reasonable for the construction of the

necessary works, as to provide for substantially complete removal of settleable solids, and

the removal of not less than forty -five percent (45%) of the total suspended solids;

provided that in order to protect the public health or to preserve the waters for other

legitimate purposes, including those specified in Article I, in s pecific instances such

higher degree of treatment shall be used as may be determined to be necessary by the

Commission after investigation, due notice and hearing.

All industrial wastes discharged or permitted to flow into the aforesaid waters shall

be mo dified or treated, within a time reasonable for the construction of the necessary

works, in order to protect the public health or to preserve the waters for other legitimate

purposes, including those specified in Article I, to such degree as may be determi ned to

be necessary by the Commission after investigation, due notice and hearing.

All sewage or industrial wastes discharged or permitted to flow into tributaries of

the aforesaid waters situated wholly within one State shall be treated to that extent, if any,

which may be necessary to maintain such waters in a sanitary and satisfactory condition at

least equal to the condition of the waters of the interstate stream immediately above the

confluence.

The Commission is hereby authorized to adopt, prescribe and promulgate rules,

regulations and standards for administering and enforcing the provisions of this article.

ARTICLE VII

Nothing in this compact shall be construed to limit the powers of any signatory

State, or to repeal or prevent the enactment of an y legislation or the enforcement of any

requirement by any signatory State, imposing additional conditions and restrictions to

further lessen or prevent the pollution of waters within its jurisdiction.

ARTICLE VIII

The Commission shall conduct a survey of the territory included within the District,

shall study the pollution problems of the District, and shall make a comprehensive report

for the prevention or reduction of stream pollution therein. In preparing such report, the

Commission shall confer with a ny national or regional planning body which may be

established, and any department of the Federal Government authorized to deal with

matters relating to the pollution problems of the District. The Commission shall draft and

recommend to the governors of th e various signatory States uniform legislation dealing

with the pollution of rivers, streams and waters and other pollution problems within the

District. The Commission shall consult with and advise the various States, communities,

municipalities, corporations, persons or other entities with regard to particular problems

connected with the pollution of waters, particularly with regard to the construction of

plants for the disposal of sewage, industrial and other waste. The Commission shall, more

than one mo nth prior to any regular meeting of the legislature of any State which is a

party thereto, present to the governor of the State its recommendations relating to

enactments to be made by 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 other entity

discharging sewage or industrial waste into the Ohio River or any other river, stream or

water, any part of which constitutes any part of the boundary line between any two or

more of the signatory States or into any stream any part of which flows from any portion

of one signatory State through any portion of another signatory State. Any such order or

orders may prescribe the date on or before which such discharge shall be wholly or

partially discontinued, modified or treated or otherwise disposed of. The Commission

shall give reasonable notice of the time and place of the hearing to t he municipality,

corporation or other entity against which such order is proposed. No such order shall go

into effect unless and until it receives the assent of at least a majority of the

commissioners from each of not less than a majority of the signatory states; and no such

order upon a municipality, corporation, person or entity in any State shall go into effect

unless and until it receives the assent of not less than a majority of the commissioners

from such State.

It shall be the duty of the municipality, corporation, person or other entity to comply

with any such order issued against it or him by the Commission, and any court of general

jurisdiction or any United States district court in any of the signatory States shall have the

jurisdiction, by mand amus, injunction, specific performance or other form of remedy, to

enforce any such order against any municipality, corporation or other entity domiciled or

located within such State or whose discharge of the waste takes place within or adjoining

such Stat e, or against any employee, department or subdivision of such municipality,

corporation, person or other entity; provided, however, such court may review the order

and affirm, reverse or modify the same upon any of the grounds customarily applicable in

proceedings for court review of administrative decisions. The Commission or, at its

request, the Attorney-General or other law enforcing official, shall have power to institute

in such court any action for the enforcement of such order.

ARTICLE X

The signato ry States agree to appropriate for the salaries, office and other

administrative expenses, their proper proportion of the annual budget as determined by

the Commission and approved by the Governors of the signatory States, one -half of such

amount to be pro rated among the several States in proportion to their population within

the District at the last preceding federal census, the other half to be prorated in proportion

to their land area within the District.

ARTICLE XI

This compact shall become effective u pon ratification by the legislatures of a

majority of the States located within the District and upon approval by the Congress of

the United States; and shall become effective as to any additional States signing thereafter

at the time of such signing.

The Commonwealth of Kentucky consents that the State of Virginia may become a

party to and a signatory state of the aforesaid compact as fully as if it had been expressly

named therein.