CHAPTER 2. OHIO RIVER VALLEY WATER SANITATION COMPACT
IC 13-29-2
Chapter 2. Ohio River Valley Water Sanitation Compact
IC 13-29-2-1
Ratification; text of compact
Sec. 1. The following Ohio River Valley Water SanitationCompact, which has been negotiated by representatives of the statesof Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania,Tennessee, and West Virginia, is hereby approved, ratified, adopted,enacted into law, and entered into by the state of Indiana as a partythereto and signatory state, namely:
Whereas, A substantial part of the territory of each of thesignatory states is situated within the drainage basin of the Ohioriver; and
Whereas, The rapid increase in the population of the variousmetropolitan areas situated within the Ohio drainage basin, and thegrowth in industrial activity within that area, have resulted in recentyears in an increasingly serious pollution of the waters and streamswithin the said drainage basin, constituting a grave menace to thehealth, welfare, and recreational facilities of the people living in suchbasin, and occasioning great economic loss; and
Whereas, The control of future pollution and the abatement ofexisting pollution in the waters of said basin are of prime importanceto the people thereof, and can best be accomplished through thecooperation of the states situated therein, by and through a joint orcommon agency;
Now Therefore, The states of Illinois, Indiana, Kentucky, NewYork, Ohio, Pennsylvania, Tennessee, and West Virginia do herebycovenant and agree as follows:
Article 1.
Each of the signatory states pledges to each of the other signatorystates faithful cooperation in the control of future pollution in andabatement of existing pollution from the rivers, streams, and watersin the Ohio river basin which flow through, into, or border upon anyof such signatory states, and in order to effect such object, agrees toenact any necessary legislation to enable each such state to place andmaintain the waters of said basin in a satisfactory sanitary condition,available for safe and satisfactory use as public and industrial watersupplies after reasonable treatment, suitable for recreational usage,capable of maintaining fish and other aquatic life, free from unsightlyor malodorous nuisances due to floating solids or sludge deposits,and adaptable to such other uses as may be legitimate.
Article 2.
The signatory states hereby create a district to be known as the"Ohio River Valley Water Sanitation District", hereinafter called thedistrict, which shall embrace all territory within the signatory states,the water in which flows ultimately into the Ohio river, or itstributaries.
Article 3.
The signatory states hereby create the "Ohio River Valley Water
Sanitation Commission", hereinafter called the commission, whichshall be a body corporate, with the powers and duties set forth herein,and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the signatory statesor by act or acts of the congress of the United States.
Article 4.
The commission shall consist of three (3) commissioners fromeach state, each of whom shall be a citizen of the state from which heis appointed, and three (3) commissioners representing the UnitedStates government. The commissioners from each state shall bechosen in the manner and for the terms provided by the laws of thestate from which they shall be appointed, and any commissioner maybe removed or suspended from office as provided by the laws of thestate from which he shall be appointed. The commissionersrepresenting the United States shall be appointed by the President ofthe United States, or in such other manner as may be provided bycongress. The commissioners shall serve without compensation, butshall be paid their actual expenses incurred in and incident to theperformance of their duties; but nothing herein shall prevent theappointment of an officer or employee of any state or of the UnitedStates government.
Article 5.
The commission shall elect from its number a chairman and vicechairman and shall appoint, and at its pleasure remove or discharge,such officers and legal, clerical, expert, and other assistants as maybe required to carry the provisions of this compact into effect, andshall fix and determine their duties, qualifications, andcompensation. It shall adopt a seal and suitable bylaws, and shalladopt and promulgate rules and regulations for its management andcontrol. It may establish and maintain one (1) or more offices withinthe district for the transaction of its business, and may meet at anytime or place. One (1) or more commissioners from a majority of themember states shall constitute a quorum for the transaction ofbusiness.
The commission shall submit to the governor of each state, at suchtime as he may request, a budget of its estimated expenditures forsuch period as may be required by the laws of such state forpresentation to the legislature thereof.
The commission shall keep accurate books of account, showingin full its receipts and disbursements, and said books of account shallbe open at any reasonable time to the inspection of suchrepresentatives of the respective signatory states as may be dulyconstituted for that purpose.
On or before the first day of December of each year, thecommission shall submit to the respective governors of the signatorystates a full and complete report of its activities for the precedingyear.
The commission shall not incur any obligations of any kind priorto the making of appropriations adequate to meet the same; nor shallthe commission pledge the credit of any of the signatory states,
except by and with the authority of the legislature thereof.
Article 6.
It is recognized by the signatory states that no single standard forthe treatment of sewage or industrial wastes is applicable in all partsof 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 bysewage or industrial wastes originating within a signatory state shallnot injuriously affect the various uses of the interstate waters ashereinbefore defined.
All sewage from municipalities or other political subdivisions,public or private institutions, or corporations, discharged orpermitted to flow into those portions of the Ohio River and itstributary waters which form boundaries between or are contiguousto two (2) or more signatory states, or which flow from one (1)signatory state into another signatory state, shall be so treated, withina time reasonable for the construction of the necessary works, as toprovide for substantially complete removal of settleable solids, andthe removal of not less than forty-five percent (45 percent) of thetotal suspended solids: Provided, That in order to protect the publichealth or to preserve the waters for other legitimate purposes,including those specified in Article 1, in specific instances suchhigher degree of treatment shall be used as may be determined to benecessary by the commission after investigation, due notice, andhearing.
All industrial wastes discharged or permitted to flow into theaforesaid waters shall be modified or treated, within a timereasonable for the construction of the necessary works, in order toprotect the public health or to preserve the waters for other legitimatepurposes, including those specified in Article 1, to such degree asmay be determined to be necessary by the commission afterinvestigation, due notice, and hearing.
All sewage or industrial wastes discharged or permitted to flowinto tributaries of the aforesaid waters situated wholly within one (1)state shall be treated to that extent, if any, which may be necessaryto maintain such waters in a sanitary and satisfactory condition atleast equal to the condition of the waters of the interstate streamimmediately above the confluence.
The commission is hereby authorized to adopt, prescribe, andpromulgate rules, regulations, and standards for administering andenforcing the provisions of this article.
Article 7.
Nothing in this compact shall be construed to limit the powers ofany signatory state, or to repeal or prevent the enactment of anylegislation or the enforcement of any requirement by any signatorystate, imposing additional conditions and restrictions to further lessenor prevent the pollution of waters within its jurisdiction.
Article 8.
The commission shall conduct a survey of the territory includedwithin the district, shall study the pollution problems of the district
and shall make a comprehensive report for the prevention orreduction of stream pollution therein. In preparing such report, thecommission shall confer with any national or regional planning bodywhich may be established, and any department of the federalgovernment authorized to deal with matters relating to the pollutionproblems of the district. The commission shall draft and recommendto the governors of the various signatory states uniform legislationdealing with the pollution of rivers, streams, and waters and otherpollution problems within the district. The commission shall consultwith and advise the various states, communities, municipalities,corporations, persons, or other entities with regard to particularproblems connected with the pollution of waters, particularly withregard to the construction of plants for the disposal of sewage,industrial, and other waste. The commission shall, more than one (1)month prior to any regular meeting of the legislature of any statewhich is a party thereto, present to the governor of the state itsrecommendations relating to enactments to be made by anylegislature in furthering the intents and purposes of his compact.
Article 9.
The commission may from time to time, after investigation andafter a hearing, issue an order or orders upon any municipality,corporation, person, or other entity discharging sewage or industrialwaste into the Ohio river or any other river, stream, or water, anypart of which constitutes any part of the boundary line between anytwo (2) or more of the signatory states, or into any stream any part ofwhich flows from any portion of one (1) signatory state through anyportion of another signatory state. Any such order or orders mayprescribe the date on or before which such discharge shall be whollyor partially discontinued, modified, or treated or otherwise disposedof. The commission shall give reasonable notice of the time andplace of the hearing to the municipality, corporation, or other entityagainst which such order is proposed. No such order shall go intoeffect unless and until it receives the assent of at least a majority ofthe commissioners from each of not less than a majority of thesignatory states; and no such order upon a municipality, corporation,person, or entity in any state shall go into effect unless and until itreceives the assent of not less than a majority of the commissionersfrom such state.
It shall be the duty of the municipality, corporation, person, orother entity to comply with any such order issued against it or him bythe commission and any court of general jurisdiction or any UnitedStates district court in any of the signatory states shall have thejurisdiction, by mandamus, injunction, specific performance, or otherform of remedy, to enforce any such order against any municipality,corporation, or other entity domiciled or located within such state orwhose discharge of the waste takes place within or adjoining suchstate, or against any employee, department, or subdivision of suchmunicipality, corporation, person, or other entity: Provided, however,such court may review the order and affirm, reverse, or modify thesame upon any of the grounds customarily applicable in proceedings
for court review of administrative decisions. The commission or, atits request, the attorney general or other law enforcing official, shallhave power to institute in such court any action for the enforcementof such order.
Article 10.
The signatory states agree to appropriate for the salaries, office,and other administrative expenses, their proper proportion of theannual budget as determined by the commission and approved by thegovernors of the signatory states, one-half (1/2) of such amount to beprorated among the several states in proportion to their populationwithin the district at the last preceding federal census, the other halfto be prorated in proportion to their land area within the district:Provided, that the total cost to the state of Indiana be limited to theappropriation specifically mentioned in section 5 of this bill.
Article 11.
This compact shall become effective upon ratification by thelegislatures of a majority of the states located within the district andupon approval by the Congress of the United States; and shallbecome effective as to any additional states signing thereafter at thetime of such signing.
In Witness Whereof, The various signatory states have executedthis compact through their respective compact commissioners.
The state of Indiana hereby consents that the state of Virginia maybecome a party to and a signatory state of the aforesaid compact asfully as if it had been expressly named herein.
As added by P.L.1-1996, SEC.19.
IC 13-29-2-2
"Commission" defined
Sec. 2. "Commission", for purposes of sections 5 through 7 of thischapter, refers to the Ohio River Valley Water SanitationCommission.
As added by P.L.1-1996, SEC.19.
IC 13-29-2-3
"Commissioner" defined
Sec. 3. "Commissioner", for purposes of sections 5 through 7 ofthis chapter, means a member of the Ohio River Valley WaterSanitation Commission.
As added by P.L.1-1996, SEC.19.
IC 13-29-2-4
"Compact" defined
Sec. 4. "Compact", for purposes of sections 5 through 7 of thischapter, refers to the Ohio River Valley Water Sanitation Compact.
As added by P.L.1-1996, SEC.19.
IC 13-29-2-5
Commissioners
Sec. 5. (a) In pursuance of Article 4 of the Ohio River Valley
Water Sanitation Compact, there are three (3) members of the OhioRiver Valley Water Sanitation Commission from Indiana.
(b) The governor shall appoint two (2) commissioners, each ofwhom must be a resident and citizen of Indiana. The term of one (1)of the two (2) commissioners first appointed is three (3) years andthe term of the other commissioner is six (6) years. The successorsshall be appointed by the governor for terms of six (6) years each.Each commissioner holds office until a successor is appointed andqualified. Vacancies occurring in the office of a commissioner fromany reason or cause shall be filled by appointment by the governorfor the unexpired term.
(c) The third commissioner from Indiana is the commissioner ofthe department of environmental management ex officio. The termof the ex officio commissioner terminates at the time the individualceases to hold the office of commissioner of the department ofenvironmental management, and the commissioner's successors as acommissioner are the commissioner's successors as the commissionerof the department of environmental management.
(d) With the exception of the issuance of any order under Article9 of the compact, the ex officio commissioner may delegate, fromtime to time, to any deputy or other subordinate in thecommissioner's department or office the power to be present andparticipate, including voting, as the commissioner's representative orsubstitute at any meeting of or hearing by or other proceeding of thecommission.
(e) The terms of each of the initial three (3) members begin at thedate of the appointment of the two (2) appointive commissioners ifthe compact has gone into effect in accordance with Article 11 of thecompact. If the compact has not gone into effect, the terms beginupon the date upon which the compact becomes effective inaccordance with Article 11 of the compact.
(f) The governor may remove a commissioner from office uponcharges and after a hearing but the commissioner shall be given theopportunity to be heard.
As added by P.L.1-1996, SEC.19.
IC 13-29-2-6
Members of the commission; jurisdiction of courts; enforcementactions
Sec. 6. (a) There is granted to the commission and thecommissioners all the powers provided for in the compact and all thepowers necessary or incidental to the carrying out of the compact inevery way. All officers of the state shall do all things falling withintheir respective provinces and jurisdiction necessary to or incidentalto the carrying out of the compact in every way. It is the policy of thestate to perform and carry out the compact and to accomplish thepurposes of the compact. All officers, bureaus, departments, andpersons of and in the state government or administration of the stateshall, at convenient times and upon request of the commission:
(1) furnish the commission with information and data possessed
by any of them; and
(2) aid the commission by loan of personnel or other meanslying within their legal powers respectively.
(b) The courts of general jurisdiction of the state have thejurisdiction specified in Article 9 of the compact, and the office ofthe attorney general or any other law enforcing officer of the statemay institute any action for the enforcement of the orders of thecommission as specified in Article 9 of the compact.
As added by P.L.1-1996, SEC.19.
IC 13-29-2-7
Effect of grant of powers
Sec. 7. Any powers granted to the commission by this chaptershall be construed as in aid of and supplemental to and not as alimitation upon any of the powers vested in the commission by anyof the following:
(1) Other laws of the state.
(2) The laws of any of the other states in the compact other thanIndiana.
(3) The United States Congress.
(4) The terms of the compact.
As added by P.L.1-1996, SEC.19.