NY Env Conserv L § 21-1501 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 15 - Mid-Atlantic States Air Pollution Control Compact 21-1501 - Mid-Atlantic States Air Pollution Control Compact.

* § 21-1501. Mid-Atlantic states air pollution control compact.   The mid-Atlantic states air pollution control compact as first entered into  pursuant to chapter 475 of the laws of 1967, as amended by chapter 476 of the laws of 1967, and as amended by chapter 385 of  the  laws  of 1968,  and  as  subject to execution by the governor as provided in said compact, is hereby continued. The compact is as follows:   WHEREAS, the  signatory  parties  recognize  that  they  have  certain serious  problems  in common with respect to pollution of the atmosphere by man-made contaminants; and   WHEREAS, the nature and sources of air pollution  are  such  that  the states'  efforts  can  be  effectively  supplemented by control measures applicable to regional airsheds which cut across state boundaries; and   WHEREAS, the signatory  parties  recognize  that  the  protection  and improvement  of  the  quality  of their common atmosphere is vested with local, state and  national  interests,  for  which  they  have  a  joint responsibility; and   WHEREAS,   the  signatory  parties  have  determined  to  establish  a federal-interstate agency, with jurisdiction and powers adequate to cope with interstate air pollution problems;   Now therefore, the states of New Jersey and New York  and  the  United States  of America, and if any of them should join herein, the states of Delaware,   Connecticut   and   the   commonwealth   of    Pennsylvania, respectively,  hereby solemnly convenant and agree with each other, upon the enactment of concurring legislation by the congress  of  the  United States  and by the respective state legislatures, having the same effect as this part as follows:                                  ARTICLE 1                   SHORT TITLE, DEFINITIONS AND FINDINGS    § 1.1. Short title. This act shall be known and may be  cited  as  the "Mid-Atlantic States Air Pollution Control Compact".   §  1.2.  Definitions.  For  the  purposes  of this compact, and of any supplemental or concurring legislation enacted pursuant thereto,  except as may be otherwise required by the context:  (a)  "Commission"  shall  mean  the  commission  established  by  this compact;  (b) "Region" shall mean the territorial limits of the states which are or become parties to this compact;  (c) "Compact" shall mean section 21-1501 of this title;  (d) "Federal government" shall  mean  the  government  of  the  United States  of  America,  and  any appropriate branch, department, bureau or division thereof, as the case may be;  (e) "Signatory party" shall mean a state, commonwealth, or the federal government, which has become a party to this  compact  by  enactment  of concurring legislation;  (f)  "District" shall mean any area established, identified or defined by the commission in connection with the abatement  or  control  of  air pollution;  (g)  "Air  contaminant"  shall mean dust, fumes, mist, smoke, or other particulate matter, vapor, gas, odorous substance,  or  any  combination thereof;  (h)  "Air pollution" shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is or tends to be injurious to human health or welfare, animal or plant  life, or  property, or would unreasonably interfere with the enjoyment of life or property;  (i) "Emission" shall mean a release into the outdoor atmosphere of air contaminants.   § 1.3. Findings of fact. It is hereby found and declared that:  (a)  The  tremendous growth of population and industry has resulted in substantial increases in atmospheric waste and air  pollution  over  the entire region;  (b)  Air  pollution does not respect political boundaries, and persons far removed from its sources and having no responsibility for or control over its creation endure health hazards,  discomfort  and  inconvenience and experience property damage and economic loss;  (c)  Air  pollution  is  associated  with  such  important respiratory diseases as lung cancer, emphysema, chronic bronchitis and  asthma,  and is  a  general  hazard  to  the  public health and welfare, agricultural crops, livestock and other property;  (d) It is necessary and desirable to abate existing air pollution  and prevent  future  air  pollution so as to secure and maintain air quality which is consistent with the public health and welfare, the  propagation and  protection of plant and animal life, and the protection of property and other resources of the region;  (e) In the present state of the art, there are  no  public  facilities for   collection   and  disposal  of  atmospheric  waste  comparable  to facilities to cope with liquid and  solid  waste,  and  the  effects  of emissions  differ  greatly  among air resource uses and users, under the various meteorological and geographic conditions, which disregard  state boundaries.  (f)  Air  pollution  can best be controlled and abated at its sources, and, while  such  prevention,  control  and  abatement  is  the  primary obligation  of  the  states,  counties  or  municipalities  in  which it originates, the problems of interstate air pollution can be more readily and effectively solved under a  coordinated  regionwide  agency  of  the state and federal governments.   §  1.4.  Existing  agencies;  construction.  It  is the purpose of the signatory parties to preserve and  utilize  the  functions,  powers  and duties  of existing offices and agencies of government to the extent not inconsistent with the compact  and  the  commission  is  authorized  and directed to utilize and employ such offices and agencies for the purpose of   this   compact   to  the  fullest  extent  it  finds  feasible  and advantageous.                                  ARTICLE 2                      ORGANIZATION AND ADMINISTRATION    § 2.1. Commission created. There is hereby  created  the  mid-Atlantic states air pollution control commission as a body politic and corporate, with  perpetual  succession  as  an  agency  and  instrumentality of the respective signatory parties.   § 2.2. Commission membership. The  commission  shall  consist  of  the governors  of  the signatory states, ex-officio, and one commissioner to be appointed by the president of the United States, to serve during  the term of office of the president appointing him and until the appointment and qualification of his successor.   §  2.3.  Alternates.  Each  member  of the commission shall appoint an alternate to act in his place and stead, with authority  to  attend  all meetings of the commission, and with power to vote in the absence of the member.  Unless  otherwise  provided  by  law of the signatory party for which he is appointed, each alternate shall serve during the term of the member appointing him, subject to removal at the pleasure of the member. In the event of a vacancy in the office of alternate, it shall be filled  in the same manner as an original appointment  for  the  unexpired  term only.  In  the  event  of  the  temporary  absence  or  disability of an alternate, the member of the commission may  appoint  another  qualified person  to  act  as  his  alternate  for  the duration of such temporary absence or disability.   § 2.4. Compensation. Members of the commission  and  alternates  shall serve without compensation from the commission but may be reimbursed for necessary  expenses incurred in and incident to the performance of their duties.   § 2.5. Voting power. Each member shall be entitled to one vote on  all matters  which  may  come  before  the  commission.  No  action  of  the commission shall be taken at  any  meeting  unless  a  majority  of  the membership shall vote in favor thereof.   §  2.6.  Organization; procedure. The commission shall provide for its own organization and procedure and shall  adopt  rules  and  regulations governing  its  meetings and transactions. It shall organize annually by the election of a chairman and vice-chairman from among its members.  It shall  provide  by  its  rules for the appointment by each member in his discretion of an advisor to serve without compensation, who  may  attend all meetings of the commission and its committees.   § 2.7. Jurisdiction. The commission shall have, exercise and discharge its  functions,  powers and duties within the region. It may by contract or otherwise act jointly, concurrently, or in cooperation with any other agency or instrumentality of government within or without the region for the purpose of effectuating the purposes of this compact.   §  2.8.  Retained  jurisdiction  of  signatory  parties.  (a)   Unless authorized  by laws of the signatory states other than this compact, the commission shall not have power to require licenses or permits  for  the construction,  establishment,  installation, maintenance or operation of any air pollution source or other  equipment,  device  or  facility;  to require  commission  approval of any of the foregoing; or to confer upon the commission any other power of licensure.  (b) Nothing in this compact shall be construed to abrogate, impair  or in  any  way  prevent the enactment or application of any state or local law, code, ordinance, rule or  regulation  not  inconsistent  with  this compact, or with any standard, rule or regulation of the commission; and any  such state or local law, code, ordinance, rule or regulation may be more restrictive  than  any  requirement  in  effect  pursuant  to  this compact.  (c) Nothing in this compact shall be construed to affect any aspect of employer-employee  relations,  including  without  limitation, statutes, rules or regulations governing industrial health and safety.                                  ARTICLE 3                    POWERS AND DUTIES OF THE COMMISSION    § 3.1. General powers.   The commission shall:  (a) Investigate the causes and sources of air pollution, identify  air contaminants,  and provide for research and the compilation and analysis of information relating thereto;  (b) Establish, after consultation with the appropriate agency  of  the signatory  parties,  standards  for air quality and requirements for the control of emissions of air contaminants to abate existing air pollution and to prevent future  air  pollution,  subject  to  the  provisions  of article four of this compact;  (c)  Provide  and administer plans and programs to effectuate such air quality standards and emission control requirements;  (d) Promote, sponsor and conduct technical, educational  and  research programs  and  projects to identify and evaluate air contaminants and to develop and apply methods, systems and procedures for the abatement  and prevention of air pollution; and  (e)  Enforce  or  provide for the enforcement of the compact and rules and regulations lawfully promulgated thereunder;  (f) Furnish technical services, advice and consultation to agencies of the signatory parties, provided that the costs of such services  may  be reimbursable whenever the parties deem appropriate.   §  3.2.  Auxiliary  powers.  In  furtherance  of the powers and duties elsewhere prescribed in this compact, the commission may:  (a) Sue and be sued in a court of competent jurisdiction;  (b) Have a seal and alter the same at pleasure;  (c) Acquire, hold and dispose of real and personal property  by  gift, purchase,  lease,  license  or  other  similar  manner for its corporate purposes and accept grants and comply with the conditions thereof;  (d) Provide for the organization and administration  of  a  commission staff  and  retain  and  employ  counsel  and  private  consultants on a contract basis or otherwise;  (e) Administer and enforce the provisions of this compact;  (f) Make and enforce such rules and regulations as the commission  may deem  necessary to effectuate the purposes of this compact or to prevent the circumvention or evasion thereof;  (g) By its members and its properly designated  officers,  agents  and employees, administer oaths and issue subpoenas throughout the region to compel  the  attendance of witnesses and the giving of testimony and the production of other evidence;  (h) Have for its members and its properly designated officers,  agents and  employees, full and free access, ingress and egress to and from all property, premises and places in the region, for the purpose  of  making inspection  or  enforcing the provisions of this compact, where there is reasonable cause to believe there is a violation of this compact  or  of any  rule  or  regulation  lawfully made thereunder; and no person shall obstruct or in any way interfere with any such member, officer, employee or agent in the making of such inspection, or in the enforcement of  the provisions  of  this compact or in the performance of any other power or duty under this compact; and  (i) Cooperate with and receive from any department, division,  bureau, board,  commission, or agency of any or all of the signatory parties, or of any county or municipality thereof, such assistance and data as  will enable it properly to carry out its powers and duties hereunder, and may authorize  and  request  any  such  department, division, bureau, board, commission or agency, with the consent thereof, to execute such  of  its functions and powers as the public interest may require.                                  ARTICLE 4          AIR QUALITY STANDARDS AND EMISSION CONTROL REQUIREMENTS    §  4.1.  Generally.  The  commission  shall have jurisdiction to abate existing air pollution and to prevent and control future  air  pollution in the region, and to this and it shall:  (a)  Prepare and develop standards of air quality and emission control requirements for the region as required to protect the public health and welfare and prevent air pollution which would  unreasonably  impair  the beneficial use of the air of the region. To this end, it shall encourage and  conduct  studies,  investigations  and  research  relating  to  air pollution and its causes, prevention, control and abatement.  (b) For the purpose of such standards, the  commission  may  establish and   delineate  districts  and  airsheds,  seasonal  requirements,  and classifications of air contaminants by type and source, for  general  or selective application of such standards and emission controls.  (c)   Prior   to   the  adoption  of  standards  or  emission  control requirements, the commission shall hold public hearings upon due  notice of  the proposed standards, and all interested persons shall be given an opportunity to be heard at such hearing. After such notice and  hearing, the  commission  may  adopt  and  from  time  to  time  amend and repeal standards in the form of rules and regulations  to  prevent  or  control future air pollution and to abate existing air pollution, and to require the  installation  of  such  measures,  systems  and  procedures for the abatement or prevention of air pollution as may be required  to  protect the  public  health,  safety,  property rights, and general welfare. Any such rule or regulation, amendment or repeal thereof shall  take  effect not  less  than sixty (60) days after its adoption by the commission and filing as required by law.   § 4.2. Monitoring; warnings; emergencies. The  commission  shall:  (a) Provide   for   a  uniform,  comprehensive  and  integrated  system  for monitoring  atmospheric  waste  in  the  region,  the  measurement   and forecasting  of  air  pollution,  and  the identification of significant meteorological, geographical, and ecological factors within the  region, its districts or airsheds;  (b)  Establish and administer warning and alert procedures and systems with  respect  to  impending  and  existing  conditions  of  sewer   and immediately dangerous air pollution;  (c)  Upon  authorization  by any one of the signatory states, exercise emergency powers within those portions of the region  lying  within  the authorizing  state to require the reduction or cessation of emissions of air contaminants, and to require the taking or refining from  any  other measure as may be necessary in the public interest to alleviate or abate the immediate danger.   §  4.3.  Enforcement.  (a)  The  commission may, after such notice and hearing as may be required by due process of  law,  issue  an  order  or orders  to any person or public or private corporation, or other entity, to cease and desist from any emissions which  it  determines  to  be  in violation of such rules and regulations as it shall have adopted for the prevention  and abatement of air pollution. Any such order or orders may prescribe a schedule, including a reasonable time for  the  construction and installation of any necessary systems, methods and procedures, on or before  which  the  emission  of  air  contaminants  shall  be wholly or partially discontinued, modified or treated, or  otherwise  required  to conform  to  the  standards  established by the commission. Any court of competent jurisdiction shall have jurisdiction to enforce by  injunction in  a  summary manner against any person, public or private corporation, or other entity, any and all provisions of this article or of  any  such order.  The  commission  may bring an action in its own name in any such court of competent jurisdiction to compel compliance with any provisions of this compact, or of any rule, regulation  or  order  issued  pursuant thereto, according to the practice and procedure of the court.  (b)  In the case of air pollution not within an interstate district or airshed as established by the  commission,  the  commission  shall  give priority  to  enforcement proceedings by other agencies of the signatory parties; provided, however, that the provisions of this subdivision  may not  be asserted as a defense in any action or proceeding brought by the commission.   § 4.4. Hearings; subpoenas. (a)  The  commission  shall  establish  by appropriate  regulation  the  procedure to be followed in the conduct of  its hearings. Neither the commission nor any person designated by it  to conduct  a  hearing  shall  be bound by common law or statutory rules of evidence or by technical or formal rules of procedure in the conduct  of such hearings.  (b) The commission, or such member or officer of the commission as may be designated by the commission for that purpose shall have the power to issue subpoenas effective throughout the region to compel the attendance of  witnesses  and  the  giving  of  testimony  or  production  of other evidence, and to administer oaths in connection with any  such  hearing. It  shall  be the duty of the commission or of such member or officer of the commission as it may designate to issue subpoenas at the request  of and  on behalf of any part to a hearing before the commission. Subpoenas issued by the commission shall be enforced by  any  court  of  competent jurisdiction  of  the  signatory  parties, according to the practice and procedure of the court applicable to  subpoenas  issued  in  proceedings pending before it.   §  4.5.  Penal  sanction.  Any person, association, or corporation who violates or attempts or conspires  to  violate  any  provision  of  this compact  or  any  rule, regulation or order of the commission duly made, promulgated or issued pursuant to the compact, in addition to any  other remedy,  penalty  or consequence provided by law, shall be punishable as may be provided by statute of any of the signatory parties within  which the offense is committed; provided that in the absence of such provision any  such  person,  association  or  corporation,  shall  be liable to a penalty of not less than fifty dollars and not more  than  one  thousand dollars,  for  each  such  offense  to  be fixed by the court, which the commission may recover in  its  own  name  in  any  court  of  competent jurisdiction,  and  in  a  summary  proceeding where available under the practice and procedure of such court. For the purposes of  this  section in  the  event  of  a  continuing  offense,  each day of such violation, attempt or conspiracy shall constitute a separate offense.   § 4.6. Judiciary review. Any order or determination of the  commission under  this  article shall be subject to judicial review in any court of competent jurisdiction as provided by the law of a signatory party.                                  ARTICLE 5                    PERSONNEL AND PROCEDURES GENERALLY    § 5.1. Powers of the commissioners. The commissioners, subject to  the provisions of this compact, shall:  (a)  Serve  as  the governing body of the commission, and exercise and discharge its powers and duties  except  as  otherwise  provided  by  or pursuant to this compact;  (b)  Determine  the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed and paid subject to any provisions of  law  specifically  applicable  to agencies or instrumentalities created by compact;  (c)  Provide  for  the internal organization and administration of the commission;  (d) Appoint or provide for the appointment of the  principal  officers of the commission and delegate to and allocate among them administrative functions, powers and duties;  (e)  Create  and abolish such offices, employments and positions as it deems necessary for the purposes of the  compact,  and  subject  to  the provisions  of  this  article,  fix  and  provide for the qualification, appointment, removal, term, tenure, compensation, pension and retirement rights of its officers and employees;  (f) Let  and  execute  contracts  to  carry  out  the  powers  of  the commission.   § 5.2. Regulations; enforcement. The commission may:  (a)  Make  and enforce reasonable rules and regulations in the form of an air pollution code or otherwise, for  the  effectuation,  application and  enforcement  of this compact; provided that any rule or regulation, other than one which deals solely with the internal  management  of  the commission,  shall be adopted only after public hearing and shall not be effective unless and until filed in  accordance  with  the  law  of  the respective  signatory  parties  applicable  to  administrative rules and regulations generally; provided further, that a certified  copy  of  any such rule or regulation, attested as true and correct by the commission, shall  be  presumptive  evidence of the regular making, adoption, filing and publication thereof; and  (b) Designate any officer, agent or employee of the commission  to  be an  investigator,  and  such person shall be vested with the powers of a peace officer of the state in which he is duly assigned to  perform  his duties.   §  5.3.  Confidential  information.  Any  records or other information furnished to or obtained by  the  commission  in  the  exercise  of  its powers,  functions  and  duties  from any private person, corporation or other entity which records or information, as certified by the owner  or operator,  relate to production or sales figures, or to secret processes or production, or which if made known to others  would  tend  to  affect adversely  the  competitive position of such owner or operator, shall be retained solely for the use of the commission and its employees, in  the administration  and  enforcement of this compact, and for the use of air pollution  control  agencies   of   the   signatory   parties   in   the administration and enforcement of state or federal law, and shall not be published  or disclosed for any other purpose by any officer or employee of the commission or any other person without  the  written  consent  of such owner or operator.   §  5.4.  Officers  generally. (a) The officers of the commission shall consist of an executive director and such additional officers,  deputies and  assistants  as the commission may determine. The executive director shall be appointed and may be removed  by  the  affirmative  vote  of  a majority  of  the  full membership of the commission. All other officers and employees shall be appointed in such manner and under such rules  of procedure as the commission may determine.  (b) In the appointment and promotion of officers and employees for the commission,  no  political,  racial,  religious  or  residency  test  or qualification shall be permitted or given consideration,  but  all  such appointments  and  promotions  shall be solely on the basis of merit and fitness. Any officer or employee of the commission who is found  by  the commission  to be guilty of a violation of this section shall be removed from office by the commission.   § 5.5. Meetings; records. (a) All meetings of the commission shall  be open to the public.  (b)  The  minutes  of  the commission shall be a public record open to inspection and copying at its offices  during  regular  business  hours, subject to the law relating to public records of the signatory states in which such minutes are located.   § 5.6. Prohibited activities. (a) No commissioner, officer or employee shall:   1)  be  financially  interested, either directly or indirectly, in any contract, sale, purchase, lease or transfer of real or personal property to which the commission is a party;    2) solicit or accept money or any other thing of value in addition  to the  compensation  or  expenses  paid him by the commission for services performed within the scope of his official duties;   3)  offer  money  or  any  thing  of  value for or in consideration of obtaining an appointment, promotion or privilege in his employment  with the commission.  (b)  Any  officer  or  employee  who shall wilfully violate any of the provisions of this section shall forfeit his office or employment.  (c) Any contract or agreement knowingly made in contravention of  this section shall be void.  (d)  Officers  and  employees  of  the  commission shall be subject in addition to the provisions of this section to such  criminal  and  civil sanctions  for misconduct in office as may be imposed by federal law and the law of the signatory state in which such misconduct occurs.   § 5.7. Audit. The commission shall provide for an  annual  independent audit  of  its accounts and financial transactions by a certified public accountant, and for the publication of the report of such audit.   § 5.8. Tort liability. The commission shall be responsible for  claims arising  out  of the negligent acts or omissions of its officers, agents and  employees  only  to  the  extent  and  subject  to  the  procedures prescribed  by  law  generally  with  respect  to  officers,  agents and employees of the government of the United States.                                  ARTICLE 6                            GENERAL PROVISIONS    § 6.1. Commission  budget.  The  commission  shall  annually  adopt  a current  expense  budget  for  each fiscal year, and shall apportion the amount required to balance  the  expenditures  therein,  less  estimated revenues  from  all sources, to the signatory parties in accordance with such equitable cost-sharing formulae as the members  of  the  commission may  adopt  by  unanimous  vote.  Following  the  adoption of its annual budget, the commission shall transmit certified copies of the budget  to the  budget officer of the respective signatory parties at such time and in such manner as may  be  required  under  their  respective  budgetary procedures.  The  signatory  parties  covenant  and agree to include the amount so apportioned  for  the  support  of  the  commission's  current expense  budget  in their respective budgets next to be adopted, subject to such review and approval as  may  be  required  by  their  respective budgetary  processes.  Such  amounts  shall  be  due  and payable to the commission in  equal  quarterly  installments  during  the  commission's fiscal year.   §  6.2. Cooperation. Each signatory party pledges faithful cooperation in the control of air pollution in the region and consistent  with  such object  to enact (or if enacted, to keep in force and where necessary to amend) laws which will:  (a) Enable it to secure and maintain standards of air quality at least equal to those prescribed by the commission;  (b) Accomplish effectively the objectives of this compact, and  enable its   officers,   departments,   boards  and  agents  satisfactorily  to accomplish the obligations and duties assumed by  the  party  under  the terms hereof; and  (c)  Enable it to provide technical and administrative services to the commission upon request, within the limits of available  appropriations, and  to cooperate generally with the commission for the purposes of this compact, provided that the cost of such  services  may  be  reimbursable whenever the parties deem appropriate.    §  6.3.  Withdrawal  from  compact. (a) A signatory party may withdraw from this compact by enacting a statute repealing the same, but no  such withdrawal  shall  become  effective until two (2) years after the chief executive of the withdrawing party has given notice of the withdrawal to the commission and to each commissioner.  (b)  No withdrawal shall affect any obligation of a signatory party or any  person  therein  accruing  prior  to  the  effective  date  of  the withdrawal,  nor  any  abatement order of the commission issued prior to such  effective  date  nor  shall  any  proceeding  initiated  for   the enforcement  thereof  be  invalidated or otherwise affected thereby. The jurisdiction of all appropriate courts and agencies for the  enforcement of  any  such  order  shall  continue, notwithstanding the fact that the effective date of the withdrawal may have passed.   § 6.5. Amendments and supplements. Amendments and supplements to  this compact  to implement the purposes thereof may be adopted by legislative action of any of the signatory  parties  concurred  in  by  all  of  the others.   §  6.6.  Construction and severability. The provisions of this compact and of agreements thereunder shall  be  severable  and  if  any  phrase, clause,  sentence  or  provision  of  this  compact of such agreement is declared to be unconstitutional or  the  applicability  thereof  to  any signatory party, agency or person is held invalid, the constitutionality of the remainder of such compact or such agreement and the applicability thereof  to  any  other  signatory party, agency, person or circumstance shall not be affected thereby. It is the  legislative  intent  that  the provisions of such compact be reasonably and liberally construed.   §  6.7.  Effective  date;  execution.  (a)  This  compact shall become binding and effective thirty days  after  the  enactment  of  concurring legislation  by  the federal government and the state of New Jersey. The compact shall be signed and sealed in six duplicate original  copies  by the  respective chief executives of the signatory parties. One such copy shall be filed with each of the signatory parties in accordance with the laws of the party in which the filing is made, and the remaining  copies shall  be  filed and retained in the archives of the commission upon its organization.  (b)  Thereafter,  the  compact  shall  become  binding  and  effective separately  as to each of the states of Connecticut and Delaware and the commonwealth  of  Pennsylvania  thirty  (30)  days  after  enactment  of concurring legislation by such states or commonwealth. * NB Denied Congressional consent; preempted by enactment of federal Air        Quality Act of 1967 (81 stat. 485)