§ 21-0525. Interstate air pollution.

When the state of New Jersey shall have enacted legislation of
substantially similar import and for so long as such legislation of the
state of New Jersey remains in force, the interstate environmental
commission shall, in addition to its other powers, duties and functions
have authority, in accordance with article three of the tri-state
compact set forth in section 21-0501 of this chapter, to engage in
activities with respect to interstate air pollution problems between the
states of New York and New Jersey as follows:

a. to conduct studies;

b. to undertake research, testing and development;

c. to gather, exchange and disseminate information with and among
public or private bodies, persons or organizations and to cooperate with
any of them in solving air pollution problems;

d. to take samplings and to trace sources of air pollutants;

e. to refer complaints to an appropriate enforcement agency or
agencies of the states in which the sources are located and to which air
pollutants are carried, along with such data and information as it may
have obtained with respect to the nature, characteristics, source, path
and effect of air pollutants;

f. whenever found appropriate on the basis of such studies and
research, (1) to make recommendations and reports to the governors and
legislatures of the participating states;

(2) to recommend to the legislatures, air pollution control agencies
and municipalities of the states the establishment of such specific
control and enforcement measures as may be necessary to abate air
pollution in one state which endangers the health and welfare of people
in another state;

(3) to join in a requirement upon the federal Administrator of the
Environmental Protection Agency that he convene a conference pursuant to
the federal clean air act, and to participate in such a conference; and

(4) to recommend and assist in the establishment of air pollution
monitoring systems and air pollution warning systems.

The primary effort of the interstate environmental commission under
this act shall be directed to air contaminant solids, liquids or gases
which are toxic, disagreeable or irritant, or which are destructive.

In carrying out its functions under this act, the interstate
environmental commission shall make use of the services, facilities and
information of existing state, local and federal agencies wherever
feasible and available.

In furtherance of the purposes of this act, the interstate
environmental commission is empowered to accept moneys, property and
other donations or gifts from any person whatever, whether public,
private or governmental, real or artificial.

No trade secret or secret process shall be inquired into by the
interstate environmental commission under this act, whether with respect
to one or more of the substances or one or more of the processes,
operations, techniques or devices used in connection therewith, and
whenever a trade secret or secret process is involved, the activity
under this act shall be limited to the identification of the device or
facility from which the effluent discharged into the outer air derives,
and the nature, rate and period of emission of such effluent.

All information obtained from any sampling, tracing or other specific
inquiry performed under this act shall be kept and maintained as a
confidential disclosure and, except as may be essential for the purpose
of referring a complaint to an appropriate enforcement agency and of any
enforcement proceeding by or before any such agency, shall not be
disclosed or published in any way other than such as will not identify a
given substance, process, operation, technique or device with the
physical location or identity of the source plant or facility, or with
the product made or service performed, or with the person or persons
using the same.

A printed copy of the provisions of this section shall be furnished on
request to any person furnishing information to the interstate
environmental commission and, in case of an inquiry at a plant or
facility, to the person then in charge of the same.

So long as the activities conducted pursuant to this act are limited
to the states of New York and New Jersey, all of the costs and expenses
of the same, direct and indirect, shall be met, within the limits of
available appropriations therefor, by said two states in equal shares
and all actions of the interstate environmental commission with respect
to such activities shall be governed solely by the commissioners from
the states of New York and New Jersey, with like effect as though the
state of Connecticut were not a participant of said commission, and for
this purpose the commission shall establish administratively a separate
division on interstate air pollution, and maintain separate financial
accounts to reflect its direct and allocated costs and expenses;
provided, however, that the full commission, including the members
representing the state of Connecticut, shall rule on all matters
touching the accounting systems to be used and the charging and
allocation of costs and expenses.