Pennsylvania Act 1945-405 — CREATING THE INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN

Act text

CREATING THE INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN
                 Act of May 29, 1945, P.L. 1134, No. 405              Cl. 32
                                  AN ACT

     To create a commission to act jointly with commissions appointed
        for like purpose by the States of West Virginia and Maryland,
        the Commonwealth of Virginia and the District of Columbia,
        which, together with three members to be appointed by the
        President of the United States, shall constitute the
        Interstate Commission on the Potomac River Basin, with power
        to cooperate in the abatement of the existing pollution, and
        in the control of future pollution of the waters of the
        drainage basin of the Potomac River within the States of
        Maryland and West Virginia, the Commonwealth of Virginia and
        the District of Columbia; to authorize the Governor of the
        State to execute on behalf of this State a compact with
        representatives of other states for the purpose of forming
        the above-mentioned commission; and creating a Potomac Valley
        Conservancy District; providing for the appointment of the
        Pennsylvania members of said commission for the Commonwealth
        of Pennsylvania, and their terms of office; and providing an
        appropriation.

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

        Section 1.  There is hereby created a commission consisting
     of three members, to act jointly with commissions appointed for
     like purposes by the States of West Virginia and Maryland, the
     Commonwealth of Virginia and the District of Columbia, and an
     additional three members to be appointed by the President of the
     United States and which, together with the other commissions
     appointed as hereinbefore mentioned, shall constitute and be
     known as the Interstate Commission on the Potomac River Basin.
     The said commission for the Commonwealth of Pennsylvania shall
     consist of three members. The Governor shall appoint two
     members, one of whom shall be a member of the public
     knowledgeable in matters involving water pollution and the other
     shall be a member of the General Assembly of the Commonwealth of
     Pennsylvania. The third member shall be the Secretary of
     Environmental Resources or his designee. The appointed members
     shall serve for terms of two years or until their successors are
     appointed. The Secretary of Environmental Resources or his
     designee shall serve for the same period as his tenure as
     Secretary of Environmental Resources. They shall serve without
     compensation, but shall be paid their actual expenses incurred
     in and incident to the performance of their duties as
     hereinafter set forth. The Commonwealth shall contribute to the
     Interstate Commission on the Potomac River Basin its pro rata
     share of the expenses of said commission which shall be such
     sums as may be appropriated for the purpose, but not less than
     the sum of one thousand two hundred dollars ($1,200) per year
     for the biennium beginning June first, one thousand nine hundred
     and forty-five. (First par. amended May 27, 1994, P.L.255,
     No.40)
        The Governor of the Commonwealth is hereby authorized and
     directed to execute a compact on behalf of the Commonwealth of
     Pennsylvania with the other states and the District, hereinabove
     referred to, who may, by their legislative bodies, so authorize
     a compact in form substantially as follows:
                                "A COMPACT
        WHEREAS, It is recognized that abatement of existing
     pollution and the control of future pollution of interstate
     streams can be best promoted through a joint agency representing
     the several states, located wholly or in part within the area
     drained by any such interstate stream, and
        WHEREAS, The Congress of the United States has given its
     consent to the States of Maryland and West Virginia, the
     Commonwealths of Pennsylvania and Virginia, and the District of
     Columbia to enter into a compact providing for the creation of a
     conservancy district to consist of the drainage basin of the
     Potomac River and the main and tributary streams therein for
     'the purpose of regulating, controlling, preventing or otherwise
     rendering unobjectionable and harmless the pollution of the
     waters of said Potomac drainage area by sewage and industrial
     and other wastes,' and
        WHEREAS, The regulation, control and prevention of pollution
     is directly affected by the quantities of water in said streams
     and the uses to which such water may be put, thereby requiring
     integration and coordination of the planning for the development
     and use of the water and associated land resources through
     cooperation with, and support and coordination of, the
     activities of Federal, State, local and private agencies,
     groups, and interests concerned with the development,
     utilization and conservation of the water and associated land
     resources of the said conservancy district.
        Now, Therefore, the States of Maryland and West Virginia, the
     Commonwealths of Pennsylvania and Virginia, and the District of
     Columbia, hereinafter designated signatory bodies, do hereby
     create the Potomac Valley Conservancy District, hereinafter
     designated the Conservancy District, comprising all of the area
     drained by the Potomac River and its tributaries, and also do
     hereby create, as an agency of each signatory body, the
     Interstate Commission on the Potomac River Basin, hereinafter
     designated the Commission, under the articles of organization as
     set forth below:
                                ARTICLE I.
        The Interstate Commission on the Potomac River Basin shall
     consist of three members from each signatory body, and three
     members appointed by the President of the United States. Said
     commissioners, other than those appointed by the President,
     shall be chosen in a manner and for the terms provided by law of
     the signatory body from which they are appointed, and shall
     serve without compensation from the commission, but shall be
     paid by the commission their actual expenses incurred and
     incident to the performance of their duties.
        (A)  The commission shall meet and organize within thirty
     days after the effective date of this compact, shall elect from
     its number a chairman and vice-chairman, shall adopt suitable
     by-laws, shall make, adopt, and promulgate such rules and
     regulations as are necessary for its management and control, and
     shall adopt a seal.
        (B)  The commission shall appoint and at its pleasure remove
     or discharge such officers and legal, engineering, clerical,
     expert and other assistants as may be required to carry the
     provisions of this compact into effect, and shall determine
     their qualifications and fix their duties and compensation. Such
     personnel as may be employed shall be employed without regard to
     any civil service or other similar requirements for employes of
     any of the signatory bodies. The commission may maintain one or
     more offices for the transaction of its business and may meet at
     any time or place within the area of the signatory bodies.
        (C)  The commission shall keep accurate accounts of all
     receipts and disbursements and shall make an annual report
     thereof, and shall, in such report, set forth in detail the
     operations and transactions conducted by it pursuant to this
     compact. The commission, however, shall not incur any
     obligations for administrative or other expenses prior to the
     making of appropriations adequate to meet the same, nor shall it
     in any way pledge the credit of any of the signatory bodies.
     Each of the signatory bodies reserves the right to make at any
     time an examination and audit of the accounts of the commission.
        (D)  A quorum of the commission shall, for the transaction of
     business, the exercise of any powers, or the performance of any
     duties, consist of at least six members of the commission who
     shall represent at least a majority of the signatory bodies:
     Provided, however, That no action of the commission relating to
     policy or stream classification or standards shall be binding on
     any one of the signatory bodies unless at least two of the
     commissioners from such signatory body shall vote in favor
     thereof.
                               ARTICLE II.
        The commission shall have the power--
        (A)  To collect, analyze, interpret, coordinate, tabulate,
     summarize and distribute technical and other data relative to,
     and to conduct studies, sponsor research and prepare reports on,
     pollution and other water problems of the Conservancy District.
        (B)  To cooperate with the legislative and administrative
     agencies of the signatory bodies, or the equivalent thereof, and
     with other commissions and Federal, local governmental and non-
     governmental agencies, organizations, groups and persons for the
     purpose of promoting uniform laws, rules or regulations for the
     abatement and control of pollution of streams and the
     utilization, conservation and development of the water and
     associated land resources in the said Conservancy District.
        (C)  To disseminate to the public information in relation to
     stream pollution problems and the utilization, conservation and
     development of the water and associated land resources of the
     Conservancy District and on the aims, views, purposes and
     recommendations of the commission in relation thereto.
        (D)  To cooperate with, assist, and provide liaison for and
     among public and non-public agencies and organizations concerned
     with pollution and other water problems in the formulation and
     coordination of plans, programs and other activities relating to
     stream pollution or to the utilization, conservation or
     development of water or associated land resources, and to
     sponsor cooperative action in connection with the foregoing.
        (E)  In its discretion and at any time during or after the
     formulation thereof, to review and to comment upon any plan or
     program of any public or private agency or organization relating
     to stream pollution or the utilization, conservation or
     development of water or associated land resources.
        (F)  (1)  To make and, if needful from time to time, revise,
     and to recommend to the signatory bodies reasonable minimum
     standards for the treatment of sewage and industrial or other
     wastes now discharged or to be discharged in the future to the
     streams of the Conservancy District, and also for cleanliness of
     the various streams in the Conservancy District.
        (2)  To establish reasonable physical, chemical and
     bacteriological standards of water quality satisfactory for
     various classifications of use. It is agreed that each of the
     signatory bodies through appropriate agencies will prepare a
     classification of its interstate waters in the District in
     entirety or by portions according to present and proposed
     highest use, and for this purpose technical experts employed by
     appropriate state water pollution control agencies are
     authorized to confer on questions relating to classification of
     interstate waters affecting two or more states. Each signatory
     body agrees to submit its classification of its interstate
     waters to the commission with its recommendations thereon.
        The commission shall review such classification and
     recommendations and accept or return the same with its comments.
     In the event of return, the signatory body will consider the
     comments of the commission and resubmit the classification
     proposal, with or without amendment, with any additional
     comments for further action by the commission.
        It is agreed that after acceptance of such classification,
     the signatory body through its appropriate state water pollution
     control agencies will work to establish programs of treatment of
     sewage and industrial wastes which will meet or exceed standards
     established 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, and in a manner similar to that in which these
     standards and classifications were originally established.
        It is recognized, owing to such variable factors as location,
     size, character and flow and the many varied uses of the water
     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, bathing
     and other recreational purposes, maintenance and propagation of
     fish life, industrial and agricultural uses, navigation and
     disposal of wastes.
                               ARTICLE III.
        For the purpose of dealing with the problems of pollution and
     of water and associated land resources in specific areas which
     directly affect two or more, but not all, signatory bodies, the
     commission may establish sections of the commission consisting
     of the commissioners from such affected signatory bodies:
     Provided, however, That no signatory body may be excluded from
     any section in which it wishes to participate. The commissioners
     appointed by the President of the United States may participate
     in any section. The commission shall designate, and from time to
     time may change, the geographical area with respect to which
     each section shall function. Each section shall, to such extent
     as the commission may from time to time authorize, have
     authority to exercise and perform with respect to its designated
     geographical area any power or function vested in the
     commission, and in addition may exercise such other powers and
     perform such functions as may be vested in such section by the
     laws of any signatory body or by the laws of the United States.
     The exercise or performance by a section of any power or
     function vested in the commission may be financed by the
     commission, but the exercise or performance of powers or
     functions vested solely in a section shall be financed through
     funds provided in advance by the bodies, including the United
     States, participating in such section.
                               ARTICLE IV.
        The moneys necessary to finance the commission in the
     administration of its business in the Conservancy District shall
     be provided through appropriations from the signatory bodies and
     the United States in the manner prescribed by the laws of the
     several signatory bodies and of the United States and in amounts
     as follows:
        The pro rata contribution shall be based on such factors as
     population, the amount of industrial and domestic pollution, and
     a flat service charge, as shall be determined from time to time
     by the commission, subject, however, to the approval,
     ratification and appropriation of such contribution by the
     several signatory bodies.
                                ARTICLE V.
        Pursuant to the aims and purposes of this compact the
     signatory bodies mutually agree--
        1.  Faithful cooperation in the abatement of existing
     pollution and the prevention of future pollution in the streams
     of the Conservancy District and in the planning for the
     utilization, conservation and development of the water and
     associated land resources thereof.
        2.  The enactment of adequate and, in so far as is
     practicable, uniform legislation for the abatement and control
     of pollution and control and use of such streams.
        3.  The appropriation of biennial sums on the proportionate
     basis as set forth in Article IV.
                               ARTICLE VI.
        This compact shall become effective immediately after it
     shall have been ratified by the majority of the legislatures of
     the States of Maryland and West Virginia, the Commonwealths of
     Pennsylvania and Virginia, and by the commissioners of the
     District of Columbia, and approved by the Congress of the United
     States: Provided, however, That this compact shall not be
     effective as to any signatory body until ratified thereby.
                               ARTICLE VII.
        Any signatory body may by legislative action after one year's
     notice to the commission withdraw from this compact."
        (1 amended Apr. 28, 1961, P.L.113, No.51)
        Compiler's Note:  Section 4 of Act 9 of 1981 provided that
            section 1 is repealed to the extent it requires one of
            the members of the Interstate Commission on the Potomac
            River Basin to be a member of the Pennsylvania Commission
            on Interstate Cooperation.
        Section 1.1.  The Governor of the Commonwealth of
     Pennsylvania shall appoint an alternate member for each of the
     two appointed members of the commission for the Commonwealth of
     Pennsylvania created by section 1 of the act of May 29, 1945
     (P.L.1134). Each such alternate shall be appointed from among
     the members of the General Assembly or the public, as the case
     may be. The Secretary of Environmental Resources shall also
     appoint an alternate. Each such alternate shall have the power
     to act in the absence of the person for whom he is an alternate.
     The term of each alternate shall run concurrently with the term
     of the member for whom he is an alternate.
        (1.1 amended May 27, 1994, P.L.255, No.40)
        Section 2.  If any section, sentence, subdivision or clause
     of this act is for any reason held invalid or unconstitutional,
     such decision shall not affect the validity of the remaining
     portions of this act.
        Section 3.  The sum of two thousand four hundred dollars
     ($2,400) is hereby specifically appropriated to the Interstate
     Commission on the Potomac River Basin as the contribution of the
     Commonwealth as its pro rata share of the expenses of said
     commission. The chairman of said commission shall file an
     accounting of said expenses with the Auditor General to be paid
     on warrant of the Auditor General, on requisition of the
     chairman of the commission.
        Section 4.  This act shall become effective immediately upon
     final enactment.