2013 New York Consolidated Laws
ENV - Environmental Conservation
Article 21 - POLLUTION CONTROL COMPACTS
Title 1 - (21-0101 - 21-0117) 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; and
    Whereas, such pollution constitutes a menace to  the  health,  welfare
  and economic prosperity of the people living in such areas; and
    Whereas, 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.