N.Y. Environmental Conservation Law § 21-0101: New England Interstate Water Pollution Control Compact

§ 21-0101. New England Interstate Water Pollution Control Compact.

The New England Interstate Water Pollution Control Compact as first

entered into pursuant to chapter 764 of the laws of 1949, and as

reenacted by chapter 475 of the laws of 1961, is hereby continued. The

compact is as follows:

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 or more states; and

Whereas, such pollution constitutes a menace to the health, welfare

and economic prosperity of the people living in such areas; 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 or more signatory states or which flow through two or more signatory

states or which have a tributary contiguous to two or more signatory

states or flowing through two or more signatory states, and also shall

apply to tidal waters ebbing and flowing past the boundaries of two

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 commision shall consist of five commissioners, from each signatory

state, each of whom shall be a resident voter of the state from which he

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 chairman and

vice chairman 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 by-laws 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 obligation 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, the temporary president of the

senate, the speaker of the assembly, the chairpersons of the senate

finance and assembly ways and means committees, and the chairpersons of

the senate and assembly environmental conservation committees 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

purpose 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 state adequate to meet the

same; nor shall the commission pledge the credit of any signatory

states. Each signatory 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 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

estaablished 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 commonwealth of Massachusetts

obligates itself only to the extent of sixty-five hundred dollars in any

one year, the state of Connecticut only to the extent of three thousand

dollars in any one year, the state of Rhode Island only to the extent of

fifteen hundred dollars in any one year, and the states of New

Hampshire, Maine, and Vermont each only to the extent of one thousand

dollars 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 contiguous states of New England but only insofar

as applies to those states upon approval by Federal law. Thereafter upon

ratification by other contiguous states, it shall also become effective

as to those states.