N.Y. Environmental Conservation Law § 21-0301: Ohio River Valley Water Sanitation Compact

§ 21-0301. Ohio River Valley Water Sanitation Compact.

The Ohio River Valley Water Sanitation Compact, as first enacted by

chapter 776 of the laws of 1939, and as reenacted by chapter 472 of the

laws of 1961, is hereby continued. The compact is as follows:

OHIO RIVER VALLEY WATER SANITATION COMPACT

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

metropolitan 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 importance 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 unsightly

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 state 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 by-laws, 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 for 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 contiguous 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 per centum 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 one, in

specific 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 modified 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 one, to such degree as may be

determined 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 any

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 any 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 the 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 month 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 the

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 mandamus, 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 state,

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 signatory 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 prorated among the

several states in proportion to their popualtion 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 upon 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.

In witness whereof, the various signatory states have executed this

compact through their respective compact commissioners.