2013 New York Consolidated Laws
ENV - Environmental Conservation
Article 21 - POLLUTION CONTROL COMPACTS
Title 3 - (21-0301 - 21-0317) 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; and
    Whereas  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; and
    Whereas 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.