Evening star., 1955-11-06

Potomac and those living on it
win be downright hard to come by
without:
/. A strong interstate compact
with special Federal-approved au-
thority: or
2. Outright Federal control.
No doubt the first alternative
would be preferred by most parties.
So far as the second is concerned,
Congress has shown only reluctance
up to now.
Everybody agrees that the Po-
tonlac River situation is a messy
one, 1lguratively as well as literally.
Yet people who have lived with the
rivers problems for years say that
the know-how and administrative
skills are at hand to accomplish
Grade-A cleanup. Why isn't it
being done?
The usual answer Is: Too much
politics. provincial selfishness and
inadequate laws which hamstring
those who try to do something
aoout the rivers plight.
More Legal Power Needed
It may, however, be a little. un-
fair to heap too much criticism on
the legal doorstep.
The law moves slowly, in response
to many conflicting pressures and
needs. While the Potomac situa-
tion has been developing over a
period Of years. its present critical
condition is, relatively speaking q
new problem. Moreover. the use
Of water involves some Of the most
intricate relationships that exist
between humans.
Regardless Of why things are as
they are In the Potomac area. there
can be little doubt that their inn
provement is apt to require more
legal power than is now available
TO any one agency.
What. for instance, can now be
done to make the various jurisdic-
tions get together on cleaning up
the Potomac? What can the Dis
trict and Virginia do If Maryland
doesn't want to go along with their
plans? What can Washington do
II 1t doesn't like the way Arlington
dumps sewage in its vicinity? What
can down-river Maryland tax
payers do to make the district treat
its ef1iuent?
Some Traditional Approaches
Here are some approaches:
. At the State LeyeI-If one State
cannot reach an agreement with
another on water problems deriving
from an interstate source, 1t can
bring suit in the United States Su-
preme Court. But such suits are
time-consuming. wrath-provoking
and often solve only a single phase
Of q difficulty when many phases
need attention.
In addition, the Potonacs woes
appear to spring less from the
States themselves than from the
practices Of their subdivisions or.
communities. In recent months both
Maryland and Virginia have been
endeavoring to crack down on local
sewage-dumping practices. Cum
berland. Rockville and Alexandra
have been among those called to
account.
D At the Municipal Level---But the
legal pressure that can be applied
to municipalities is limited. A State
water commission, or even an in
dividual, might seek to enjoin q
town or county from its sewage
disposal methods. AS a matter Of
practice, though, such injunctions
are hard to enforce since the Of
Tending party often has no imme-
diate alternative, or perhaps would
create a health hazard in endea-
voring to comply.
o At the Individual Leyel-Indi-
viduals who feel they are being
damaged might sue for damages
or for an injunction against other
individuals. A Maryland water
user. for example, might try this
against PEPCO If the latter builds
Its projected plant in Loudoun
County, Va. Because of diversity
Of citizenship. such suit could be
brought in Federal Court with
Federal law controlling. But dam
age suits represent merely another
piecemeal attack, whether they are
directed against individuals or
government units, and they are
often unsatisfactory even to plain
tiffs who win their case
. At the Federal Level---Applicable
Federal law in effect consists mainly
of the Water Pollution Control Act
Of l948. Through the statute Uncle
Sam provides financial and techni-
cal support for State activities and
is supposed to stimulate interstate
cooperation. The Interstate Com
mission on the Potomac River
Basin functions in accordance with
this law, but the commission has
only powers Of recommendation
and persuasion. The Federal Gov
ernment has minor enforcement
powers. 1t can take to court indi-