Chap. 117.—An ACT to provide for the execution the Governor of Virginia,
on behalf of the Commonwealth of Virginia, of a certain compact, known
as the Ohio River Valley Water Sanitation Compact, which creates the Ohio
River Valley Water Sanitation Commission, prescribes its powers, functions
and duties, provides for the cooperative action of certain signatory states
in the control and abatement of pollution in the waters of the Ohio River
Basin; to provide for the appointment of the Virginia members of the Com-
mission; to confer upon the Commission certain powers and authority; to
authorize and direct State agencies to cooperate with the Commission in its
activities; and to appropriate funds. {H 15

Approved March 5, 1948

Be it enacted by the General Assembly of Virginia:

1. Section 1. The Governor of Virginia is hereby authorized
and requested to execute, on behalf of the Commonwealth of
Virginia, the Ohio River Valley Sanitation compact which the
Commonwealth of Virginia has been invited to join. The compact
is in the following words and figures:

“Section 1. Ohio River Valley Water Sanitation Compact

“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 impor-
tance 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:

ARTICLE I

Each of the signatory states pledges to each of the other signa-
tory 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 police and maintain the waters of that basin in a
satisfactory sanitary condition, available for safe and satisfactory
use as public and industrial water supplies after reasonable treat-
ment, 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.

ARTICLE II

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.

ARTICLE III

The signatory states hereby create the “Ohio River 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 signa-
tory states or by act or acts of the Congress of the United States.

ARTICLE IV

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 employee of any state or of the
United States Government.

ARTICLE V

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 assist-
ants 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 manage-
ment 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 expendi-
tures for such period 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 such books of account
shall be open at any reasonable time to the inspection of such
representatives of the respective signatory states as are duly
constituted for that purpose. :

On or before the first day of December of each year, the Com-

mission 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.

ARTICLE VI

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 pollu-
tion 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 per-
mitted to flow into these portions of the Ohio River and its tribu-
tary 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 pro-
vide for substantially complete removal of settleable solids and the
removal of not less than forty-five per centum (45%) 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 reason-
able 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.

ARTICLE VII

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.

ARTICLE VIII

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 pollu-
tion 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, cor-
poration, 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

nited States district court in any of the signatory states shall
have the jurisdiction, by mandamus, injunction, specific perform-
ance 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, depart-
ment or subdivision of such municipality, corporation, person or
other entity; provided, that such court may review the order and
affirm, reverse or modify the same upon any of the grounds cus-
tomarily applicable in proceedings for court review of adminis-
trative 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.

ARTICLE X

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
of 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.”

The State of Virginia, hereby, through the signature of its
Governor hereto, adds its name to those of the States of Illinois,
Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and
West Virginia as the parties to and signatory states of the fore-
going Ohio River Valley Water Sanitation Compact, and hereby
covenants and agrees as hereinabove set forth in such compact.

Section 2. The signature by the Governor of Virginia, to the
foregoing compact on behalf of the Commonwealth of Virginia,
shall bind the Commonwealth and indicate its assent to and accep-
tance of the terms and conditions of such compact.

Section 3. Appointment of Virginia Members of Ohio River
Valley Water Sanitation Commission.—In pursuance of Article IV
of said compact there shall be three members of the Ohio River
Valley Water Sanitation Commission from Virginia. The members
of the Commission shall be appointed by the Governor, subject to
confirmation by the General Assembly from the membership of the
State Water Control Board created under chapter sixty-three-b of
the Code of Virginia as amended. The terms of the commissioners
shall be coincident with that of their terms upon the State Water
Control Board. All vacancies in the office of any such commissioner
shall be filled by appointment by the Governor.

Any commissioner may be removed from office by the Governor.

Section 4. Powers of Commission; duties of State officers,
departments, etc.; jurisdiction of certain courts; enforcement of
act.—Subject to the terms of such compact there is hereby granted
to the commission and commissioners thereof all the powers pro-
vided for in the compact, and all the powers necessary or incidental
to the carrying out of the compact in every particular. All officers
of this State are hereby authorized and directed to do all things
falling within their respective provinces and jurisdiction necessary
or incidental to the carrying out of the compact in every particular,
it being hereby declared to be the policy of this State to perform
and carry out the compact and to accomplish the purposes thereof.
All officers, bureaus, departments, and persons of and in the State
Government or administration of this Commonwealth are hereby
authorized and directed at convenient times and upon request of
the Commission to furnish it with information and data possessed
by them or any of them and to aid the Commission by loan
of personnel or other means lying within their legal powers,
respectively.
The courts of record of this Commonwealth are hereby granted
the jurisdiction specified in Article IX of the compact, and the
Attorney General and other law enforcing officers of this Com-
monwealth are hereby granted the power to institute any action
for the enforcement of the orders of the Commission as specified
in Article IX of the compact.

Section 5. Any powers herein granted to the Commission
shall be regarded as in aid of and supplemental to and in no case
a limitation upon any of the powers vested in the Commission
by other laws of this Commonwealth or by the laws of the States
of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania,
West Virginia, Tennessee, or by Congress, or by the terms of the
compact.

Section 6. The commissioners shall be reimbursed out of
moneys appropriated for such purposes all sums which they neces-
sarily expend in the discharge of their duties as members of such
commission.

Section 7. The Commission shall elect from its membership a
chairman, and may also select a secretary who need not be a mem-
ber. The Commission may employ such assistants as it deems
necessarily required, and the duties of such assistants shall be
prescribed and their compensation fixed by the commission and
paid out of the State treasury out of funds appropriated for such
purposes upon the requisition of the Commission.

The Commission shall meet at times and places agreed upon
by the commissioners or upon call of its chairman.

Section 8. This Act shall become effective in due course pro-
vided the Governor signs the compact heretofore referred to on
behalf of the Commonwealth.

Section 9. Appropriation—The sum of three thousand dollars
is appropriated for each year of the biennium beginning July one,
nineteen hundred forty-eight, from the general fund in the State
treasury not otherwise appropriated; the sums hereby appropri-
ated shall be used to effect the provisions of this act and pay
Virginia’s proportionate part of the budget of the Ohio River
Valley Water Sanitation Commission in accordance with Article X
of the compact. No part of this appropriation or any subsequent
appropriation to carry out the purposes of this act shall be available
for expenditure in whole or in part unless and until the Comptroller
shall be annually satisfied that each of the governmental entities
having representatives on the Ohio River Valley Water Sanitation
Commission has provided for the expenses thereof at least as much
as is now or hereafter appropriated by the General Assembly of
Virginia for the purposes of this act.