§ 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
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 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.