§ 46-16-1 - Interstate compact authorized – Text of compact.
SECTION 46-16-1
§ 46-16-1 Interstate compact authorized– Text of compact. – The commission on interstate cooperation, acting with and through the office ofthe attorney general, is hereby directed to negotiate with the properauthorities of the states of Maine, New Hampshire, Vermont, Massachusetts, andConnecticut a compact in substantially the following form, which is herebyratified:
NEW ENGLAND INTERSTATE WATER POLLUTION CONTROLCOMPACT
Whereas, the growth of population and the development of theterritory of the New England states has resulted in serious pollution ofcertain interstate streams, ponds and lakes, and of tidal waters ebbing andflowing past the boundaries of two (2) or more states; and
Whereas, such pollution constitutes a menace to the health,welfare and economic prosperity of the people living in such area; and
Whereas, the abatement of existing pollution and the controlof future pollution in the interstate waters of the New England area are ofprime importance to the people and can best be accomplished through theco-operation of the New England states in the establishment of an interstateagency 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 boundas follows:
ARTICLE I
It is agreed between the signatory states that the provisionsof this compact shall apply to streams, ponds and lakes which are contiguous totwo (2) or more signatory states or which flow through two (2) or moresignatory states or which have a tributary contiguous to two (2) or moresignatory states or flowing through two (2) or more signatory states, and alsoshall apply to tidal waters ebbing and flowing past the boundaries of two (2)states.
ARTICLE II
There is hereby created the New England interstate waterpollution control commission (hereinafter referred to as "the commission" )which shall be a body corporate and politic, having the powers, duties andjurisdiction herein enumerated and such other and additional powers as shall beconferred upon it by the act or acts of a signatory state concurred in by theothers.
ARTICLE III
The commission shall consist of five (5) commissioners fromeach signatory state, each of whom shall be a resident voter of the state fromwhich he or she is appointed. The commissioners shall be chosen in the mannerand for the terms provided by law of the state from which they shall beappointed. For each state there shall be on the commission a memberrepresenting the state health department, a member representing the state waterpollution control board (if such exists), and, except where a state in itsenabling legislation decides that the best interests of the state will beotherwise served, a member representing municipal interests, a memberrepresenting industrial interests, and a member representing an agency actingfor fisheries or conservation.
ARTICLE IV
The commission shall annually elect from its members achairperson and vice chairperson and shall appoint and at its pleasure removeor discharge such officers. It may appoint and employ a secretary who shall bea professional engineer versed in water pollution and may employ suchstenographic or clerical employees as shall be necessary, and at its pleasureremove or discharge such employees. It shall adopt a seal and suitable bylawsand shall promulgate rules and regulations for its management and control. Itmay maintain an office for the transaction of its business and may meet at anytime or place within the signatory states. Meetings shall be held at leasttwice each year. A majority of the members shall constitute a quorum for thetransaction of business, but no action of the commission imposing anyobligations on any signatory state or on any municipal agency or subdivisionthereof or on any person, firm or corporation therein shall be binding unless amajority of the members from such signatory state shall have voted in favorthereof. Where meetings are planned to discuss matters relevant to problems ofwater pollution control affecting only certain of the signatory states, thecommission may vote to authorize special meetings of the commissioners of thestates especially concerned. The commission shall keep accurate accounts of allreceipts and disbursements and shall make an annual report to the governor andthe legislature of each signatory state setting forth in detail the operationsand transactions conducted by it pursuant to this compact, and shall makerecommendations for any legislative action deemed by it advisable, includingamendments to the statutes of the signatory states which may be necessary tocarry out the intent and purposes of this compact. The commission shall notincur any obligations for salaries, office, administrative, traveling or otherexpenses prior to the allotment of funds by the signatory states adequate tomeet the same; nor shall the commission pledge the credit of any of thesignatory states. Each state reserves the right to provide hereafter by law forthe examination and audit of the accounts of the commission. The commissionshall appoint a treasurer who may be a member of the commission, anddisbursements by the commission shall be valid only when authorized by thecommission and when vouchers therefor have been signed by the secretary andcountersigned by the treasurer. The secretary shall be custodian of the recordsof the commission with authority to attest to and certify such records orcopies 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 theterms of this compact, that no single standard of sewage and waste treatmentand no single standard of quality of receiving waters is practical and that thedegree of treatment of sewage and industrial wastes should take into accountthe classification of the receiving waters according to present and proposedhighest use, such as for drinking water supply, industrial and agriculturaluses, bathing and other recreational purposes, maintenance and propagation offish life, shellfish culture, navigation and disposal of wastes.
The commission shall establish reasonable physical, chemicaland bacteriological standards of water quality satisfactory for variousclassifications of use. It is agreed that each of the signatory states throughappropriate agencies will prepare a classification of its interstate waters inentirety or by portions according to present and proposed highest use and forthis purpose technical experts employed by state departments of health andstate water pollution control agencies are authorized to confer on questionsrelating to classification of interstate waters affecting two (2) or morestates. Each signatory state agrees to submit its classification of itsinterstate waters to the commission for approval. It is agreed that after suchapproval all signatory states through their appropriate state healthdepartments and water pollution control agencies will work to establishprograms of treatment of sewage and industrial wastes which will meet standardsestablished by the commission for classified waters. The commission may fromtime to time make such changes in definitions of classifications and instandards as may be required by changed conditions or as may be necessary foruniformity.
ARTICLE VI
Each of the signatory states pledges to provide for theabatement of existing pollution and for the control of future pollution ofinterstate inland and tidal waters as described in Article I, and to put andmaintain the waters thereof in a satisfactory condition consistent with thehighest classified use of each body of water.
ARTICLE VII
Nothing in this compact shall be construed to repeal orprevent the enactment of any legislation or prevent the enforcement of anyrequirement by any signatory state imposing any additional condition orrestriction to further lessen the pollution of waters within its jurisdiction.Nothing herein contained shall affect or abate any action now pending broughtby any governmental board or body created by or existing under any of thesignatory states.
ARTICLE VIII
The signatory states agree to appropriate for the salaries,office, administrative, travel and other expenses such sum or sums as shall berecommended by the commission. The state of Massachusetts obligates itself onlyto the extent of six thousand five hundred dollars ($6,500) in any one year,the state of Connecticut only to the extent of three thousand dollars ($3,000)in any one year, the state of Rhode Island only to the extent of one thousandfive hundred dollars ($1,500) in any one year, and the states of New Hampshire,Maine, and Vermont each only to the extent of one thousand dollars ($1,000) inany one year.
ARTICLE IX
Should any part of this compact be held to be contrary to theconstitution of any signatory state or of the United States, all other partsthereof shall continue to be in full force and effect.
ARTICLE X
The commission is authorized to discuss with appropriatestate agencies in New York state questions of pollution of waters which flowinto the New England area from New York state or vice versa and to further theestablishment of agreements on pollution abatement to promote the interests ofthe New York and New England areas.
Whenever the commission by majority vote of the members ofeach signatory state shall have given its approval and the state of New Yorkshall have taken the necessary action to do so, the state of New York shall bea party to this compact for the purpose of controlling and abating thepollution of waterways common to New York and the New England states signatoryto this compact but excluding the waters under the jurisdiction of theinterstate sanitation commission (New York, New Jersey and Connecticut).
ARTICLE XI
This compact shall become effective immediately upon theadoption of the compact by any two (2) contiguous states of New England butonly insofar as applies to those states and upon approval by federal law.Thereafter upon ratification by other contiguous states, it shall also becomeeffective as to those states.