NY Env Conserv L § 21-0101 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 1 - New England Interstate Water Pollution Control Compact 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; andWhereas, such pollution constitutes a menace to  the  health,  welfare   and economic prosperity of the people living in such areas; andWhereas, 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.