New York Laws
Title 1 - New England Interstate Water Pollution Control Compact
21-0101 - New England Interstate Water Pollution Control Compact.

The New England Interstate Water Pollution Control Compact as first
entered into pursuant to chapter 764 of the laws of 1949, and as
reenacted by chapter 475 of the laws of 1961, is hereby continued. The
compact is as follows:

NEW ENGLAND INTERSTATE WATER POLLUTION CONTROL COMPACT

Whereas, the growth of population and the development of the territory
of the New England states has resulted in serious pollution of certain
interstate streams, ponds and lakes, and of tidal waters ebbing and
flowing past the boundaries of two or more states; and

Whereas, such pollution constitutes a menace to the health, welfare
and economic prosperity of the people living in such areas; and

Whereas, the abatement of existing pollution and the control of future
pollution in the interstate waters of the New England area are of prime
importance to the people and can best be accomplished through the
co-operation of the New England states in the establishment of an
interstate agency 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 bound as follows:

ARTICLE I

It is agreed between the signatory states that the provisions of this
compact shall apply to streams, ponds and lakes which are contiguous to
two or more signatory states or which flow through two or more signatory
states or which have a tributary contiguous to two or more signatory
states or flowing through two or more signatory states, and also shall
apply to tidal waters ebbing and flowing past the boundaries of two
states.

ARTICLE II

There is hereby created the New England Interstate Water Pollution
Control Commission (hereinafter referred to as the commission) which
shall be a body corporate and politic, having the powers, duties and
jurisdiction herein enumerated and such other and additional powers as
shall be conferred upon it by the act or acts of a signatory state
concurred in by the others.

ARTICLE III

The commision shall consist of five commissioners, from each signatory
state, each of whom shall be a resident voter of the state from which he
is appointed. The commissioners shall be chosen in the manner and for
the terms provided by law of the state from which they shall be
appointed. For each state there shall be on the commission a member
representing the state health department, a member representing the
state water pollution control board (if such exists), and except where a
state in its enabling legislation decides that the best interests of the
state will be otherwise served, a member representing municipal
interests, a member representing industrial interests, and a member
representing an agency acting for fisheries or conservation.

ARTICLE IV

The commission shall annually elect from its members a chairman and
vice chairman and shall appoint and at its pleasure remove or discharge
such officers. It may appoint and employ a secretary who shall be a
professional engineer versed in water pollution and may employ such
stenographic or clerical employees as shall be necessary, and at its
pleasure remove or discharge such employees. It shall adopt a seal and
suitable by-laws and shall promulgate rules and regulations for its
management and control. It may maintain an office for the transaction of
its business and may meet at any time or place within the signatory
states. Meetings shall be held at least twice each year. A majority of
the members shall constitute a quorum for the transaction of business
but no action of the commission imposing any obligation on any signatory
state or on any municipal agency or subdivision thereof or on any
person, firm or corporation therein shall be binding unless a majority
of the members from such signatory state shall have voted in favor
thereof. Where meetings are planned to discuss matters relevant to
problems of water pollution control affecting only certain of the
signatory states, the commission may vote to authorize special meetings
of the commissioners of the states especially concerned. The commission
shall keep accurate accounts of all receipts and disbursements and shall
make an annual report to the governor, the temporary president of the
senate, the speaker of the assembly, the chairpersons of the senate
finance and assembly ways and means committees, and the chairpersons of
the senate and assembly environmental conservation committees setting
forth in detail the operations and transactions conducted by it pursuant
to this compact, and shall make recommendations for any legislative
action deemed by it advisable, including amendments to the statutes of
the signatory states which may be necessary to carry out the intent and
purpose of this compact. The commission shall not incur any obligations
for salaries, office, administrative, traveling or other expenses prior
to the allotment of funds by the signatory state adequate to meet the
same; nor shall the commission pledge the credit of any signatory
states. Each signatory state reserves the right to provide hereafter by
law for the examination and audit of the accounts of the commission. The
commission shall appoint a treasurer who may be a member of the
commission, and disbursements by the commission shall be valid only when
authorized by the commission and when vouchers therefor have been signed
by the secretary and countersigned by the treasurer. The secretary shall
be custodian of the records of the commission with authority to attest
to and certify such records or copies 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 the
terms of this compact, that no single standard of sewage and waste
treatment and no single standard of quality of receiving waters is
practical and that the degree of treatment of sewage and industrial
wastes should take into account the classification of the receiving
waters according to present and proposed highest use, such as for
drinking water supply, industrial and agricultural uses, bathing and
other recreational purposes, maintenance and propagation of fish life,
shellfish culture, navigation and disposal of wastes.

The commission shall establish reasonable physical, chemical and
bacteriological standards of water quality satisfactory for various
classifications of use. It is agreed that each of the signatory states
through appropriate agencies will prepare a classification of its
interstate waters in entirety or by portions according to present and

proposed highest use and for this purpose technical experts employed by
state departments of health and state water pollution control agencies
are authorized to confer on questions relating to classification of
interstate waters affecting two or more states. Each signatory state
agrees to submit its classification of its interstate waters to the
commission for approval. It is agreed that after such approval all
signatory states through their appropriate state health departments and
water pollution control agencies will work to establish programs of
treatment of sewage and industrial wastes which will meet standards
estaablished by the commission for classified waters. The commission may
from time to time make such changes in definitions of classifications
and in standards as may be required by changed conditions or as may be
necessary for uniformity.

ARTICLE VI

Each of the signatory states pledges to provide for the abatement of
existing pollution and for the control of future pollution of interstate
inland and tidal waters as described in Article I, and to put and
maintain the waters thereof in a satisfactory condition consistent with
the highest classified use of each body of water.

ARTICLE VII

Nothing in this compact shall be construed to repeal or prevent the
enactment of any legislation or prevent the enforcement of any
requirement by any signatory state imposing any additional condition or
restriction to further lessen the pollution of waters within its
jurisdiction. Nothing herein contained shall affect or abate any action
now pending brought by any governmental board or body created by or
existing under any of the signatory states.

ARTICLE VIII

The signatory states agree to appropriate for the salaries, office,
administrative, travel and other expenses such sum or sums as shall be
recommended by the commission. The commonwealth of Massachusetts
obligates itself only to the extent of sixty-five hundred dollars in any
one year, the state of Connecticut only to the extent of three thousand
dollars in any one year, the state of Rhode Island only to the extent of
fifteen hundred dollars in any one year, and the states of New
Hampshire, Maine, and Vermont each only to the extent of one thousand
dollars in any one year.

ARTICLE IX

Should any part of this compact be held to be contrary to the
constitution of any signatory state or of the United States, all other
parts thereof shall continue to be in full force and effect.

ARTICLE X

The commission is authorized to discuss with appropriate state
agencies in New York state questions of pollution of waters which flow
into the New England area from New York state or vice versa and to
further the establishment of agreements on pollution abatement to
promote the interests of the New York and New England areas.

Whenever the commission by majority vote of the members of each
signatory state shall have given its approval and the state of New York
shall have taken the necessary action to do so, the state of New York
shall be a party to this compact for the purpose of controlling and
abating the pollution of waterways common to New York and the New
England states signatory to this compact but excluding the waters under
the jurisdiction of the Interstate Sanitation Commission (New York, New
Jersey, and Connecticut).

ARTICLE XI

This compact shall become effective immediately upon the adoption of
the compact by any two contiguous states of New England but only insofar
as applies to those states upon approval by Federal law. Thereafter upon
ratification by other contiguous states, it shall also become effective
as to those states.