NY Env Conserv L § 21-0301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 3 - Ohio River Valley Water Sanitation Compact 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; andWhereas  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; andWhereas 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   it 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.