                                 CODE OF VIRGINIA

FORM AND TERMS OF COMPACT (§ 62.1-65)

Whereas it is recognized that abatement of existing pollution and the control of
future pollution of interstate streams can best be 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 bylaws, 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 employees 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 nongovernmental 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
nonpublic 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 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, bathing and other recreational
   purposes, maintenance and propagation of fish life, industrial and
   agricultural uses, navigation and disposal of wastes.
   				Article III
   				For the purposes 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 planning for the utilization, conservation and development of the
      water and associated land resources thereof.

      2. The enactment of adequate and, insofar 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 act, after one year&#8217;s
      notice to the Commission, withdraw from this compact.

HISTORY: Code 1950, § 62-63; 1968, cc. 542, 659.