Pennsylvania Act 1945-50 — "OHIO RIVER VALLEY WATER SANITATION COMPACT"

Act text

"OHIO RIVER VALLEY WATER SANITATION COMPACT"
                  Act of Apr. 2, 1945, P.L. 103, No. 50               Cl. 32
                                  AN ACT

     Approving, ratifying and enacting into law the Ohio River Valley
        Sanitation Compact, for the prevention, abatement and control
        of pollution of the rivers, streams and waters in the Ohio
        River drainage basin, and making the State of Pennsylvania a
        party thereto; creating the "Ohio River Valley Water
        Sanitation Commission," providing for the members of such
        commission from the State of Pennsylvania; and providing for
        the carrying out of said compact after the conclusion of
        hostilities of the present war.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Ohio River Valley Water Sanitation Compact
     Approved.--The following Ohio River Valley Water Sanitation
     Compact, which has been negotiated by representatives of the
     States of Illinois, Indiana, Kentucky, New York, Ohio,
     Pennsylvania, Tennessee and West Virginia, is hereby approved,
     ratified, adopted, enacted into law, and entered into by the
     State of Pennsylvania, as a party thereto and signatory state,
     namely:
        Ohio River Valley 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 situate 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 said drainage basin, constituting
     a grave menace to the health, welfare, and recreational
     facilities of the people living in such basin and occasioning
     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 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 employe 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 its 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 obligation 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 waste 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 (45%) of the total suspended solids: Provided,
     That in order to protect the public health, to preserve the
     waters for other legitimate purposes including those specified
     in Article I 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 I
     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 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 any other 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 employe, 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 population within the district at 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.
        Section 2.  Appointment of Members of Ohio River Valley Water
     Sanitation Commission; Secretary of Health to Be Member Ex-
     Officio.--In pursuance of Article IV of said compact there shall
     be three members of the Ohio River Valley Water Sanitation
     Commission from the State of Pennsylvania. The Governor by and
     with the advice and consent of the Senate shall appoint two
     persons as two of such commissioners, each of whom shall be a
     resident and citizen of this State. The terms of one of the said
     two commissioners first appointed shall be three years, and of
     the other shall be six years, and their successors shall be
     appointed by the Governor by and with the advice and consent of
     the Senate for terms of six years each. Each commissioner shall
     hold office until his successor shall be appointed and
     qualified. Vacancies in the office of any such commissioner,
     from any reason or cause shall be filled by appointment by the
     Governor by and with the advice and consent of the Senate for
     the unexpired term. The third commissioner from this State shall
     be the Secretary of Health ex-officio, and the term of any such
     ex-officio commissioner shall terminate at the time he ceases to
     hold said office of Secretary of Health, and his successor as a
     commissioner shall be his successor, as said Secretary of
     Health. With the exception of the issuance of any order under
     the provisions of Article IX of the compact, said ex-officio
     commissioner may delegate from time to time to any deputy or
     other subordinate in his department or office, the power to be
     present and participate, including voting as his representative
     or substitute at any meeting of, or hearing by, or other
     proceeding of the commission. The terms of each of the initial
     three members shall begin at the date of the appointment of the
     two appointive commissioners, provided the said compact shall
     then have gone into effect in accordance with Article XI of the
     compact, otherwise shall begin upon the date which said compact
     shall become effective in accordance with said Article XI.
        Any commissioner may be removed from office by the Governor.
        Section 3.  Powers of Commission; Duties of State Officers;
     Departments, etc.; Jurisdiction of Common Pleas Courts;
     Enforcement of Act.--There is hereby granted to the commission
     and commissioners thereof, all the powers provided for in the
     said compact, and all the powers necessary or incidental to the
     carrying out of said compact in every particular. All officers
     of this State are hereby authorized and directed to do all
     things falling within their respective provinces and
     jurisdiction necessary to, or incidental to the carrying out of
     said compact in every particular; it being hereby declared to be
     the policy of this State to perform and carry out the said
     compact and to accomplish the purposes thereof. All officers,
     bureaus, departments, and persons of and in the State Government
     or administration of this State, are hereby authorized and
     directed at convenient times and upon request of the said
     commission to furnish the said commission with information and
     data possessed by them, or any of them, and to aid said
     commission by loan of personnel, or other means lying within
     their legal powers respectively.
        The courts of common pleas of this State are hereby granted
     the jurisdiction specified in Article IX of said compact, and
     the Attorney General or any other law-enforcing officer of this
     State is hereby granted the power to institute any action for
     the enforcement of the orders of the commission as specified in
     said Article IX of the compact.
        Section 4.  Powers Herein Granted in Addition to Those
     Heretofore Granted.--Any powers herein granted to the commission
     shall be regarded as in aid of and supplemental to, and in no
     case a limitation upon any of the powers vested in said
     commission by other laws of this State, or by the laws of the
     States of Illinois, Indiana, Kentucky, New York, Ohio, West
     Virginia, Tennessee, or by Congress, or the terms of said
     compact.
        Section 5.  Expenses of Commission; Appropriations; Officers
     and Employes.--The commissioners shall be reimbursed out of
     moneys appropriated for such purposes all sums which they
     necessarily shall expend in the discharge of their duties as
     members of such commission.
        There shall be appropriated to the commission out of any
     moneys in the State Treasury unexpended and available therefor,
     and not otherwise appropriated, such sums as may be necessary
     for the uses and purposes of the commission in carrying out the
     provisions of this act, and the payment of the proper proportion
     of this State of annual budget of the Ohio River Valley Water
     Sanitation Commission in accordance with Article X of said
     compact.
        The commission shall elect from its membership a chairman,
     and may also select a secretary who need not be a member. The
     commission may employ such assistants as it may deem necessarily
     required, and the duties of such assistants shall be prescribed,
     and their compensation fixed by the commission and paid out of
     the State Treasury out of funds appropriated for such purposes
     upon the requisition of said commission.
        The commission shall meet at such times and places as agreed
     upon by the commissioners, or upon call of its chairman.
        Section 6.  Consent to State of Virginia Becoming Party.--The
     State of Pennsylvania hereby consents that the State of Virginia
     may become a party to and a signatory state of the aforesaid
     compact as fully as if it had been expressly named therein.
        Section 7.  When Act to Become Effective.--The provisions of
     this act shall become effective immediately upon its final
     enactment, but the compact provided for hereby shall be executed
     for and on behalf of the Commonwealth of Pennsylvania only after
     the approval, ratification, adoption and entering into thereof
     by the States of New York, Ohio and West Virginia, and no
     project shall be authorized or required thereunder until the
     conclusion of hostilities of the present war.