(a) "Commission" shall mean the commission established by this
compact;
(b) "Region" shall mean the territorial limits of the states which are
or become parties to this compact;
(c) "Compact" shall mean section 21-1501 of this title;
(d) "Federal government" shall mean the government of the United
States of America, and any appropriate branch, department, bureau or
division thereof, as the case may be;
(e) "Signatory party" shall mean a state, commonwealth, or the federal
government, which has become a party to this compact by enactment of
concurring legislation;
(f) "District" shall mean any area established, identified or defined
by the commission in connection with the abatement or control of air
pollution;
(g) "Air contaminant" shall mean dust, fumes, mist, smoke, or other
particulate matter, vapor, gas, odorous substance, or any combination
thereof;
(h) "Air pollution" shall mean the presence in the outdoor atmosphere
of one or more air contaminants in such quantities and duration as is or
tends to be injurious to human health or welfare, animal or plant life,
or property, or would unreasonably interfere with the enjoyment of life
or property;
(i) "Emission" shall mean a release into the outdoor atmosphere of air
contaminants.
§ 1.3. Findings of fact. It is hereby found and declared that:
(a) The tremendous growth of population and industry has resulted in
substantial increases in atmospheric waste and air pollution over the
entire region;
(b) Air pollution does not respect political boundaries, and persons
far removed from its sources and having no responsibility for or control
over its creation endure health hazards, discomfort and inconvenience
and experience property damage and economic loss;
(c) Air pollution is associated with such important respiratory
diseases as lung cancer, emphysema, chronic bronchitis and asthma, and
is a general hazard to the public health and welfare, agricultural
crops, livestock and other property;
(d) It is necessary and desirable to abate existing air pollution and
prevent future air pollution so as to secure and maintain air quality
which is consistent with the public health and welfare, the propagation
and protection of plant and animal life, and the protection of property
and other resources of the region;
(e) In the present state of the art, there are no public facilities
for collection and disposal of atmospheric waste comparable to
facilities to cope with liquid and solid waste, and the effects of
emissions differ greatly among air resource uses and users, under the
various meteorological and geographic conditions, which disregard state
boundaries.
(f) Air pollution can best be controlled and abated at its sources,
and, while such prevention, control and abatement is the primary
obligation of the states, counties or municipalities in which it
originates, the problems of interstate air pollution can be more readily
and effectively solved under a coordinated regionwide agency of the
state and federal governments.
§ 1.4. Existing agencies; construction. It is the purpose of the
signatory parties to preserve and utilize the functions, powers and
duties of existing offices and agencies of government to the extent not
inconsistent with the compact and the commission is authorized and
directed to utilize and employ such offices and agencies for the purpose
of this compact to the fullest extent it finds feasible and
advantageous.
ARTICLE 2
ORGANIZATION AND ADMINISTRATION
§ 2.1. Commission created. There is hereby created the mid-Atlantic
states air pollution control commission as a body politic and corporate,
with perpetual succession as an agency and instrumentality of the
respective signatory parties.
§ 2.2. Commission membership. The commission shall consist of the
governors of the signatory states, ex-officio, and one commissioner to
be appointed by the president of the United States, to serve during the
term of office of the president appointing him and until the appointment
and qualification of his successor.
§ 2.3. Alternates. Each member of the commission shall appoint an
alternate to act in his place and stead, with authority to attend all
meetings of the commission, and with power to vote in the absence of the
member. Unless otherwise provided by law of the signatory party for
which he is appointed, each alternate shall serve during the term of the
member appointing him, subject to removal at the pleasure of the member.
In the event of a vacancy in the office of alternate, it shall be filled
in the same manner as an original appointment for the unexpired term
only. In the event of the temporary absence or disability of an
alternate, the member of the commission may appoint another qualified
person to act as his alternate for the duration of such temporary
absence or disability.
§ 2.4. Compensation. Members of the commission and alternates shall
serve without compensation from the commission but may be reimbursed for
necessary expenses incurred in and incident to the performance of their
duties.
§ 2.5. Voting power. Each member shall be entitled to one vote on all
matters which may come before the commission. No action of the
commission shall be taken at any meeting unless a majority of the
membership shall vote in favor thereof.
§ 2.6. Organization; procedure. The commission shall provide for its
own organization and procedure and shall adopt rules and regulations
governing its meetings and transactions. It shall organize annually by
the election of a chairman and vice-chairman from among its members. It
shall provide by its rules for the appointment by each member in his
discretion of an advisor to serve without compensation, who may attend
all meetings of the commission and its committees.
§ 2.7. Jurisdiction. The commission shall have, exercise and discharge
its functions, powers and duties within the region. It may by contract
or otherwise act jointly, concurrently, or in cooperation with any other
agency or instrumentality of government within or without the region for
the purpose of effectuating the purposes of this compact.
§ 2.8. Retained jurisdiction of signatory parties. (a) Unless
authorized by laws of the signatory states other than this compact, the
commission shall not have power to require licenses or permits for the
construction, establishment, installation, maintenance or operation of
any air pollution source or other equipment, device or facility; to
require commission approval of any of the foregoing; or to confer upon
the commission any other power of licensure.
(b) Nothing in this compact shall be construed to abrogate, impair or
in any way prevent the enactment or application of any state or local
law, code, ordinance, rule or regulation not inconsistent with this
compact, or with any standard, rule or regulation of the commission; and
any such state or local law, code, ordinance, rule or regulation may be
more restrictive than any requirement in effect pursuant to this
compact.
(c) Nothing in this compact shall be construed to affect any aspect of
employer-employee relations, including without limitation, statutes,
rules or regulations governing industrial health and safety.
ARTICLE 3
POWERS AND DUTIES OF THE COMMISSION
§ 3.1. General powers.
The commission shall:
(a) Investigate the causes and sources of air pollution, identify air
contaminants, and provide for research and the compilation and analysis
of information relating thereto;
(b) Establish, after consultation with the appropriate agency of the
signatory parties, standards for air quality and requirements for the
control of emissions of air contaminants to abate existing air pollution
and to prevent future air pollution, subject to the provisions of
article four of this compact;
(c) Provide and administer plans and programs to effectuate such air
quality standards and emission control requirements;
(d) Promote, sponsor and conduct technical, educational and research
programs and projects to identify and evaluate air contaminants and to
develop and apply methods, systems and procedures for the abatement and
prevention of air pollution; and
(e) Enforce or provide for the enforcement of the compact and rules
and regulations lawfully promulgated thereunder;
(f) Furnish technical services, advice and consultation to agencies of
the signatory parties, provided that the costs of such services may be
reimbursable whenever the parties deem appropriate.
§ 3.2. Auxiliary powers. In furtherance of the powers and duties
elsewhere prescribed in this compact, the commission may:
(a) Sue and be sued in a court of competent jurisdiction;
(b) Have a seal and alter the same at pleasure;
(c) Acquire, hold and dispose of real and personal property by gift,
purchase, lease, license or other similar manner for its corporate
purposes and accept grants and comply with the conditions thereof;
(d) Provide for the organization and administration of a commission
staff and retain and employ counsel and private consultants on a
contract basis or otherwise;
(e) Administer and enforce the provisions of this compact;
(f) Make and enforce such rules and regulations as the commission may
deem necessary to effectuate the purposes of this compact or to prevent
the circumvention or evasion thereof;
(g) By its members and its properly designated officers, agents and
employees, administer oaths and issue subpoenas throughout the region to
compel the attendance of witnesses and the giving of testimony and the
production of other evidence;
(h) Have for its members and its properly designated officers, agents
and employees, full and free access, ingress and egress to and from all
property, premises and places in the region, for the purpose of making
inspection or enforcing the provisions of this compact, where there is
reasonable cause to believe there is a violation of this compact or of
any rule or regulation lawfully made thereunder; and no person shall
obstruct or in any way interfere with any such member, officer, employee
or agent in the making of such inspection, or in the enforcement of the
provisions of this compact or in the performance of any other power or
duty under this compact; and
(i) Cooperate with and receive from any department, division, bureau,
board, commission, or agency of any or all of the signatory parties, or
of any county or municipality thereof, such assistance and data as will
enable it properly to carry out its powers and duties hereunder, and may
authorize and request any such department, division, bureau, board,
commission or agency, with the consent thereof, to execute such of its
functions and powers as the public interest may require.
ARTICLE 4
AIR QUALITY STANDARDS AND EMISSION CONTROL REQUIREMENTS
§ 4.1. Generally. The commission shall have jurisdiction to abate
existing air pollution and to prevent and control future air pollution
in the region, and to this and it shall:
(a) Prepare and develop standards of air quality and emission control
requirements for the region as required to protect the public health and
welfare and prevent air pollution which would unreasonably impair the
beneficial use of the air of the region. To this end, it shall encourage
and conduct studies, investigations and research relating to air
pollution and its causes, prevention, control and abatement.
(b) For the purpose of such standards, the commission may establish
and delineate districts and airsheds, seasonal requirements, and
classifications of air contaminants by type and source, for general or
selective application of such standards and emission controls.
(c) Prior to the adoption of standards or emission control
requirements, the commission shall hold public hearings upon due notice
of the proposed standards, and all interested persons shall be given an
opportunity to be heard at such hearing. After such notice and hearing,
the commission may adopt and from time to time amend and repeal
standards in the form of rules and regulations to prevent or control
future air pollution and to abate existing air pollution, and to require
the installation of such measures, systems and procedures for the
abatement or prevention of air pollution as may be required to protect
the public health, safety, property rights, and general welfare. Any
such rule or regulation, amendment or repeal thereof shall take effect
not less than sixty (60) days after its adoption by the commission and
filing as required by law.
§ 4.2. Monitoring; warnings; emergencies. The commission shall: (a)
Provide for a uniform, comprehensive and integrated system for
monitoring atmospheric waste in the region, the measurement and
forecasting of air pollution, and the identification of significant
meteorological, geographical, and ecological factors within the region,
its districts or airsheds;
(b) Establish and administer warning and alert procedures and systems
with respect to impending and existing conditions of sewer and
immediately dangerous air pollution;
(c) Upon authorization by any one of the signatory states, exercise
emergency powers within those portions of the region lying within the
authorizing state to require the reduction or cessation of emissions of
air contaminants, and to require the taking or refining from any other
measure as may be necessary in the public interest to alleviate or abate
the immediate danger.
§ 4.3. Enforcement. (a) The commission may, after such notice and
hearing as may be required by due process of law, issue an order or
orders to any person or public or private corporation, or other entity,
to cease and desist from any emissions which it determines to be in
violation of such rules and regulations as it shall have adopted for the
prevention and abatement of air pollution. Any such order or orders may
prescribe a schedule, including a reasonable time for the construction
and installation of any necessary systems, methods and procedures, on or
before which the emission of air contaminants shall be wholly or
partially discontinued, modified or treated, or otherwise required to
conform to the standards established by the commission. Any court of
competent jurisdiction shall have jurisdiction to enforce by injunction
in a summary manner against any person, public or private corporation,
or other entity, any and all provisions of this article or of any such
order. The commission may bring an action in its own name in any such
court of competent jurisdiction to compel compliance with any provisions
of this compact, or of any rule, regulation or order issued pursuant
thereto, according to the practice and procedure of the court.
(b) In the case of air pollution not within an interstate district or
airshed as established by the commission, the commission shall give
priority to enforcement proceedings by other agencies of the signatory
parties; provided, however, that the provisions of this subdivision may
not be asserted as a defense in any action or proceeding brought by the
commission.
§ 4.4. Hearings; subpoenas. (a) The commission shall establish by
appropriate regulation the procedure to be followed in the conduct of
its hearings. Neither the commission nor any person designated by it to
conduct a hearing shall be bound by common law or statutory rules of
evidence or by technical or formal rules of procedure in the conduct of
such hearings.
(b) The commission, or such member or officer of the commission as may
be designated by the commission for that purpose shall have the power to
issue subpoenas effective throughout the region to compel the attendance
of witnesses and the giving of testimony or production of other
evidence, and to administer oaths in connection with any such hearing.
It shall be the duty of the commission or of such member or officer of
the commission as it may designate to issue subpoenas at the request of
and on behalf of any part to a hearing before the commission. Subpoenas
issued by the commission shall be enforced by any court of competent
jurisdiction of the signatory parties, according to the practice and
procedure of the court applicable to subpoenas issued in proceedings
pending before it.
§ 4.5. Penal sanction. Any person, association, or corporation who
violates or attempts or conspires to violate any provision of this
compact or any rule, regulation or order of the commission duly made,
promulgated or issued pursuant to the compact, in addition to any other
remedy, penalty or consequence provided by law, shall be punishable as
may be provided by statute of any of the signatory parties within which
the offense is committed; provided that in the absence of such provision
any such person, association or corporation, shall be liable to a
penalty of not less than fifty dollars and not more than one thousand
dollars, for each such offense to be fixed by the court, which the
commission may recover in its own name in any court of competent
jurisdiction, and in a summary proceeding where available under the
practice and procedure of such court. For the purposes of this section
in the event of a continuing offense, each day of such violation,
attempt or conspiracy shall constitute a separate offense.
§ 4.6. Judiciary review. Any order or determination of the commission
under this article shall be subject to judicial review in any court of
competent jurisdiction as provided by the law of a signatory party.
ARTICLE 5
PERSONNEL AND PROCEDURES GENERALLY
§ 5.1. Powers of the commissioners. The commissioners, subject to the
provisions of this compact, shall:
(a) Serve as the governing body of the commission, and exercise and
discharge its powers and duties except as otherwise provided by or
pursuant to this compact;
(b) Determine the character of and the necessity for its obligations
and expenditures and the manner in which they shall be incurred, allowed
and paid subject to any provisions of law specifically applicable to
agencies or instrumentalities created by compact;
(c) Provide for the internal organization and administration of the
commission;
(d) Appoint or provide for the appointment of the principal officers
of the commission and delegate to and allocate among them administrative
functions, powers and duties;
(e) Create and abolish such offices, employments and positions as it
deems necessary for the purposes of the compact, and subject to the
provisions of this article, fix and provide for the qualification,
appointment, removal, term, tenure, compensation, pension and retirement
rights of its officers and employees;
(f) Let and execute contracts to carry out the powers of the
commission.
§ 5.2. Regulations; enforcement. The commission may:
(a) Make and enforce reasonable rules and regulations in the form of
an air pollution code or otherwise, for the effectuation, application
and enforcement of this compact; provided that any rule or regulation,
other than one which deals solely with the internal management of the
commission, shall be adopted only after public hearing and shall not be
effective unless and until filed in accordance with the law of the
respective signatory parties applicable to administrative rules and
regulations generally; provided further, that a certified copy of any
such rule or regulation, attested as true and correct by the commission,
shall be presumptive evidence of the regular making, adoption, filing
and publication thereof; and
(b) Designate any officer, agent or employee of the commission to be
an investigator, and such person shall be vested with the powers of a
peace officer of the state in which he is duly assigned to perform his
duties.
§ 5.3. Confidential information. Any records or other information
furnished to or obtained by the commission in the exercise of its
powers, functions and duties from any private person, corporation or
other entity which records or information, as certified by the owner or
operator, relate to production or sales figures, or to secret processes
or production, or which if made known to others would tend to affect
adversely the competitive position of such owner or operator, shall be
retained solely for the use of the commission and its employees, in the
administration and enforcement of this compact, and for the use of air
pollution control agencies of the signatory parties in the
administration and enforcement of state or federal law, and shall not be
published or disclosed for any other purpose by any officer or employee
of the commission or any other person without the written consent of
such owner or operator.
§ 5.4. Officers generally. (a) The officers of the commission shall
consist of an executive director and such additional officers, deputies
and assistants as the commission may determine. The executive director
shall be appointed and may be removed by the affirmative vote of a
majority of the full membership of the commission. All other officers
and employees shall be appointed in such manner and under such rules of
procedure as the commission may determine.
(b) In the appointment and promotion of officers and employees for the
commission, no political, racial, religious or residency test or
qualification shall be permitted or given consideration, but all such
appointments and promotions shall be solely on the basis of merit and
fitness. Any officer or employee of the commission who is found by the
commission to be guilty of a violation of this section shall be removed
from office by the commission.
§ 5.5. Meetings; records. (a) All meetings of the commission shall be
open to the public.
(b) The minutes of the commission shall be a public record open to
inspection and copying at its offices during regular business hours,
subject to the law relating to public records of the signatory states in
which such minutes are located.
§ 5.6. Prohibited activities. (a) No commissioner, officer or employee
shall:
1) be financially interested, either directly or indirectly, in any
contract, sale, purchase, lease or transfer of real or personal property
to which the commission is a party;
2) solicit or accept money or any other thing of value in addition to
the compensation or expenses paid him by the commission for services
performed within the scope of his official duties;
3) offer money or any thing of value for or in consideration of
obtaining an appointment, promotion or privilege in his employment with
the commission.
(b) Any officer or employee who shall wilfully violate any of the
provisions of this section shall forfeit his office or employment.
(c) Any contract or agreement knowingly made in contravention of this
section shall be void.
(d) Officers and employees of the commission shall be subject in
addition to the provisions of this section to such criminal and civil
sanctions for misconduct in office as may be imposed by federal law and
the law of the signatory state in which such misconduct occurs.
§ 5.7. Audit. The commission shall provide for an annual independent
audit of its accounts and financial transactions by a certified public
accountant, and for the publication of the report of such audit.
§ 5.8. Tort liability. The commission shall be responsible for claims
arising out of the negligent acts or omissions of its officers, agents
and employees only to the extent and subject to the procedures
prescribed by law generally with respect to officers, agents and
employees of the government of the United States.
ARTICLE 6
GENERAL PROVISIONS
§ 6.1. Commission budget. The commission shall annually adopt a
current expense budget for each fiscal year, and shall apportion the
amount required to balance the expenditures therein, less estimated
revenues from all sources, to the signatory parties in accordance with
such equitable cost-sharing formulae as the members of the commission
may adopt by unanimous vote. Following the adoption of its annual
budget, the commission shall transmit certified copies of the budget to
the budget officer of the respective signatory parties at such time and
in such manner as may be required under their respective budgetary
procedures. The signatory parties covenant and agree to include the
amount so apportioned for the support of the commission's current
expense budget in their respective budgets next to be adopted, subject
to such review and approval as may be required by their respective
budgetary processes. Such amounts shall be due and payable to the
commission in equal quarterly installments during the commission's
fiscal year.
§ 6.2. Cooperation. Each signatory party pledges faithful cooperation
in the control of air pollution in the region and consistent with such
object to enact (or if enacted, to keep in force and where necessary to
amend) laws which will:
(a) Enable it to secure and maintain standards of air quality at least
equal to those prescribed by the commission;
(b) Accomplish effectively the objectives of this compact, and enable
its officers, departments, boards and agents satisfactorily to
accomplish the obligations and duties assumed by the party under the
terms hereof; and
(c) Enable it to provide technical and administrative services to the
commission upon request, within the limits of available appropriations,
and to cooperate generally with the commission for the purposes of this
compact, provided that the cost of such services may be reimbursable
whenever the parties deem appropriate.
§ 6.3. Withdrawal from compact. (a) A signatory party may withdraw
from this compact by enacting a statute repealing the same, but no such
withdrawal shall become effective until two (2) years after the chief
executive of the withdrawing party has given notice of the withdrawal to
the commission and to each commissioner.
(b) No withdrawal shall affect any obligation of a signatory party or
any person therein accruing prior to the effective date of the
withdrawal, nor any abatement order of the commission issued prior to
such effective date nor shall any proceeding initiated for the
enforcement thereof be invalidated or otherwise affected thereby. The
jurisdiction of all appropriate courts and agencies for the enforcement
of any such order shall continue, notwithstanding the fact that the
effective date of the withdrawal may have passed.
§ 6.5. Amendments and supplements. Amendments and supplements to this
compact to implement the purposes thereof may be adopted by legislative
action of any of the signatory parties concurred in by all of the
others.
§ 6.6. Construction and severability. The provisions of this compact
and of agreements thereunder shall be severable and if any phrase,
clause, sentence or provision of this compact of such agreement is
declared to be unconstitutional or the applicability thereof to any
signatory party, agency or person is held invalid, the constitutionality
of the remainder of such compact or such agreement and the applicability
thereof to any other signatory party, agency, person or circumstance
shall not be affected thereby. It is the legislative intent that the
provisions of such compact be reasonably and liberally construed.
§ 6.7. Effective date; execution. (a) This compact shall become
binding and effective thirty days after the enactment of concurring
legislation by the federal government and the state of New Jersey. The
compact shall be signed and sealed in six duplicate original copies by
the respective chief executives of the signatory parties. One such copy
shall be filed with each of the signatory parties in accordance with the
laws of the party in which the filing is made, and the remaining copies
shall be filed and retained in the archives of the commission upon its
organization.
(b) Thereafter, the compact shall become binding and effective
separately as to each of the states of Connecticut and Delaware and the
commonwealth of Pennsylvania thirty (30) days after enactment of
concurring legislation by such states or commonwealth.
* NB Denied Congressional consent; preempted by enactment of federal Air
Quality Act of 1967 (81 stat. 485)