Ohio § 6113.01

§ 6113.01.

The following Ohio river valley water sanitation compact, which has been negotiated

by representatives of the states of 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 Ohio as a party thereto and signatory state,

namely: Whereas, A substantial part of the territory of each of the signatory states is situated

within the drainage basin of the Ohio river;  and Whereas, The rapid increase in the population of the various metropolitan areas situated

within the Ohio drainage basin, and the growth in industrial activity within that

area, have resulted in recent years in an increasingly serious pollution of the waters

and streams within the said drainage basin, constituting a grave menace to the health,

welfare and recreational facilities of the people living in such basin, and occasioning

great economic loss;  and Whereas, The control of future pollution and the abatement of existing pollution in

the waters of said basin are of prime importance to the people thereof, and can best

be accomplished through the cooperation of the states situated therein, by and through

a joint or common agency; Now, therefore, The states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania,

Tennessee and West Virginia do hereby covenant and agree as follows: Each of the signatory states pledges to each of the other signatory states faithful

cooperation in the control of future pollution in and abatement of existing pollution

from the rivers, streams and waters in the Ohio river basin which flow through, into

or border upon any of such signatory states, and in order to effect such object, agrees

to enact any necessary legislation to enable each such state to place and maintain

the waters of said basin in a satisfactory sanitary condition, available for safe

and satisfactory use as public and industrial water supplies after reasonable treatment,

suitable for recreational usage, capable of maintaining fish and other aquatic life,

free from unsightly or malodorous nuisances due to floating solids or sludge deposits,

and adaptable to such other uses as may be legitimate. The signatory states hereby create a district to be known as the “Ohio river valley

water sanitation district,” hereinafter called the district, which shall embrace all

territory within the signatory states, the water in which flows ultimately into the

Ohio river, or its tributaries. The signatory states hereby create the “Ohio valley water sanitation commission,”

hereinafter called the commission, which shall be a body corporate, with the powers

and duties set forth herein, and such additional powers as may be conferred upon it

by subsequent action of the respective legislatures of the signatory states or by

act or acts of the congress of the United States. The commission shall consist of three commissioners from each state, each of whom

shall be a citizen of the state from which he is appointed, and three commissioners

representing the United States government.  The commissioners from each state shall be chosen in the manner and for the terms

provided by the laws of the state from which they shall be appointed, and any commissioner

may be removed or suspended from office as provided by the law of the state from which

he shall be appointed.  The commissioners representing the United States shall be appointed by the president

of the United States, or in such other manner as may be provided by congress.  The commissioners shall serve without compensation, but shall be paid their actual

expenses incurred in and incident to the performance of their duties;  but nothing

herein shall prevent the appointment of an officer or employees of any state or of

the United States government. The commission shall elect from its number a chairman and vice-chairman, and shall

appoint, and at its pleasure remove or discharge, such officers and legal, clerical,

expert and other assistants as may be required to carry the provisions of this compact

into effect, and shall fix and determine their duties, qualifications and compensation.  It shall adopt a seal and suitable by-laws, and shall adopt and promulgate rules

and regulations for its management and control.  It may establish and maintain one or more offices within the district for the transaction

of its business, and may meet at any time or place.  One or more commissioners from a majority of the member states shall constitute

a quorum for the transaction of business. The commission shall submit to the governor of each state, at such time as he may

request, a budget of its estimated expenditures for such period as may be required

by the laws of such state for presentation to the legislature thereof. The commission shall keep accurate books of account, showing in full its receipts

and disbursements, and said books of account shall be open at any reasonable time

to the inspection of such representatives of the respective signatory states as may

be duly constituted for that purpose. On or before the first day of December of each year, the commission shall submit to

the respective governors of the signatory states a full and complete report of its

activities for the preceding year. The commission shall not incur any obligations of any kind prior to the making of

appropriations adequate to meet the same;  nor shall the commission pledge the credit

of any of the signatory states, except by and with the authority of the legislature

thereof. It is recognized by the signatory states that no single standard for the treatment

of sewage or industrial wastes is applicable in all parts of 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 by sewage or industrial

wastes originating within a signatory state shall not injuriously affect the various

uses of the interstate waters as hereinbefore defined. All sewage from municipalities or other political subdivisions, public or private

institutions, or corporations, discharged or permitted to flow into these portions

of the Ohio river and its tributary waters which form boundaries between, or are contiguous

to, two or more signatory states, or which flow from one signatory state into another

signatory state, shall be so treated, within a time reasonable for the construction

of the necessary works, as to provide for substantially complete removal of settleable

solids, and the removal of not less than forty-five per cent of the total suspended

solids;  provided that, in order to protect the public health or to preserve the waters

for other legitimate purposes, including those specified in article I, in specific

instances such higher degree of treatment shall be used as may be determined to be

necessary by the commission after investigation, due notice and hearing. All industrial wastes discharged or permitted to flow into the aforesaid waters shall

be modified or treated, within a time reasonable for the construction of the necessary

works, in order to protect the public health or to preserve the waters for other legitimate

purposes, including those specified in article I, to such degree as may be determined

to be necessary by the commission after investigation, due notice and hearing. All sewage or industrial wastes discharged or permitted to flow into tributaries of

the aforesaid waters situated wholly within one state shall be treated to that extent,

if any, which may be necessary to maintain such waters in a sanitary and satisfactory

condition at least equal to the condition of the waters of the interstate stream immediately

above the confluence. The commission is hereby authorized to adopt, prescribe and promulgate rules, regulations

and standards for administering and enforcing the provisions of this article. Nothing in this compact shall be construed to limit the powers of any signatory state,

or to repeal or prevent the enactment of any legislation or the enforcement of any

requirement by any signatory state, imposing additional conditions and restrictions

to further lessen or prevent the pollution of waters within its jurisdiction. The commission shall conduct a survey of the territory included within the district,

shall study the pollution problems of the district, and shall make a comprehensive

report for the prevention or reduction of stream pollution therein.  In preparing such report, the commission shall confer with any national or regional

planning body which may be established, and any department of the federal government

authorized to deal with matters relating to the pollution problems of the district.  The commission shall draft and recommend to the governors of the various signatory

states uniform legislation dealing with the pollution of rivers, streams and waters

and other pollution problems within the district.  The commission shall consult with and advise the various states, communities, municipalities,

corporations, persons, or other entities with regard to particular problems connected

with the pollution of waters, particularly with regard to the construction of plants

for the disposal of sewage, industrial and other waste.  The commission shall, more than one month prior to any regular meeting of the legislature

of any state which is a party thereto, present to the governor of the state its recommendations

relating to enactments to be made by any legislature in furthering the intents and

purposes of this compact. The commission may from time to time, after investigation and after a hearing, issue

an order or orders upon any municipality, corporation, person, or other entity discharging

sewage or industrial waste into the Ohio river or any other river, stream or water,

any part of which constitutes any part of the boundary line between any two or more

of the signatory states, or into any stream any part of which flows from any portion

of one signatory state through any portion of another signatory state.  Any such order or orders may prescribe the date on or before which such discharge

shall be wholly or partially discontinued, modified or treated or otherwise disposed

of.  The commission shall give reasonable notice of the time and place of the hearing

to the municipality, corporation or other entity against which such order is proposed.  No such order shall go into effect unless and until it receives the assent of at

least a majority of the commissioners from each of not less than a majority of the

signatory states;  and no such order upon a municipality, corporation, person or entity

in any state shall go into effect unless and until it receives the assent of not less

than a majority of the commissioners from such state. It shall be the duty of the municipality, corporation, person or other entity to comply

with any such order issued against it or him by the commission, and any court of general

jurisdiction or any United States district court in any of the signatory states shall

have the jurisdiction, by mandamus, injunction, specific performance or other form

of remedy, to enforce any such order against any municipality, corporation or other

entity domiciled or located within such state or whose discharge of the waste takes

place within or adjoining such state, or against any employee, department or subdivision

of such municipality, corporation, person or other entity;  provided, however, such

court may review the order and affirm, reverse or modify the same upon any of the

grounds customarily applicable in proceedings for court review of administrative decisions.  The commission or, at its request, the attorney general or other law enforcing official,

shall have power to institute in such court any action for the enforcement of such

order. The signatory states agree to appropriate for the salaries, office and other administrative

expenses, their proper proportion of the annual budget as determined by the commission

and approved by the governors of the signatory states, one-half of such amount to

be prorated among the several states in proportion to their population within the

district at the last preceding federal census, the other half to be prorated in proportion

to their land area within the district. This compact shall become effective upon ratification by the legislatures of a majority

of the states located within the district and upon approval by the congress of the

United States;  and shall become effective as to any additional states signing thereafter

at the time of such signing. In witness whereof, the various signatory states have executed this compact through

their respective compact commissioners. The state of Ohio hereby consents that the state of Virginia may become a party to

and a signatory state of the aforesaid compact as fully as if it had been expressly

named therein.