CHAPTER 542

An Act to amend and reenact §§ 62-68, 62-65 and 62-67 of the Code of
Virginia, relating to the Potomac River Basin Interstate Compact;
to the appointment, terms and qualifications of the members of the
Potomac River Basin Commission of Virginia, and alternates thereto,
the duties of the members thereof ; and to appropriate funds. S 436

[ ]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 62-63, 62-65 and 62-67 of the Code of Virginia be amended
and reenacted as follows:

§ 62-638. Whereas it is recognized that abatement of existing pollu-
tion 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;
an

Whereas the Congress of the United States has given its consent to
the states of Maryland and West Virginia, the Commonwealths of Penn-
sylvania and Virginia, and the District of Columbia to enter into a com-
pact 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 other-
wise 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 1s 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 conserva-
ftom of the water and associated land resources of the said conservancy

istric

Now, therefore, the States of Maryland and West Virginia, the Com-
monwealths 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 Dis-
trict 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

Ow.

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.

* 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 necessry for its
management and control, and shall adopt a seal.

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 with-
out 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.

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 busi-
ness, the exercise of any powers, or the performance of any duties, consist
of at least * stx 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 IT

The Commission shall have the power *:

(A) * To collect, analyze, interpret, coordinate, tabulate, summar-
ize 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 co-operate with the legislative and administrative agen-
cies 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 pollu-
tion of streams and the utilization, conservation and development of the
water and associated land resources in the said conservancy district.

* To disseminate to the public information in relation ta
stream pollution problems and the utilization, conservation and develop-
ment of the water and assoctated land resources of the conservancy dis-
trict and on the aims *, views, purposes and recommendations of the
Commission * in relation thereto.

* (D) To co-operate 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 fore-
going.

(E) * In its discretion and at any time during or after the formu-
lation 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, from cleanliness of the various streams in the conservancy dis-
trict.

(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 re-
quired by changed conditions or as may be necessary for uniformity and
ina manner similar to. that in which these standards and classifications
were originally established.

It 1s recognized, owing to such variable factors as location, size, char-
acter and flow and the many varied used of the waters subject to the
terms of this Compact, that no single standard of sewage and waste treat-
ment 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, bath-
ing 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 tt wishes to participate. The Com-
missioners 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
ta 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 Com-
mission may be financed by the Commission, but the exercise or perform-
ance 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 administra-
tion 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 popula-
tion; 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 co-operation in the abatement of existing pollution and
the prevention of future pollution in the streams of the conservancy dis-
trict and in 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, uni-
form 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’s notice to
the Commission, withdraw from this Compact.

§ 62-65. If and when the Governor shall have executed such com-
pact, the members of the Commission shall be appointed by the Governor
and shall hold office for terms of four years each, subject to suspension or
removal by the Governor. Appointments to fill vacancies shall be made
for the respective unexpired terms. One of the members so appointed shall
be a resident of the Potomac river drainage basin, but if such member
should cease to be a resident of the basin his term of office shall there-
upon terminate and his office shall become vacant. One member shall be
appointed from the membership of the Virginia Commission on Interstate
Cooperation, but if such member should cease to be a member of the Vir-
ginia Commission on Interstate Cooperation his term of office shall there-
upon terminate and his office become vacant. The other member shall be
appointed at large. One of the members shall be designated by the Gov-
ernor as chairman. The Governor shall appoint alternate members for
the members of the Commission, and each alternate shall have power to
act in the absence of the person for whom he is alternate. The Governor
shall appoint the first alternates hereunder on or before July one, nine-
teen hundred sixty-two, the terms of each alternate to run concurrently
with the term of the member for whom he 1s alternate.

§ 62-67. The Potomac River Basin Commission of Virginia shall, if
and when it shall come into existence as hereinabove provided, act jointly
with commissions appointed for a like purpose by the States of West Vir-
ginia and Maryland, the Commonwealth of Pennsylvania and the District
of Columbia, or by such of the same as shall enter into the Compact and
with an additional three members to be appointed by the President of the
United States, as a unit of the Interstate Commission on the Potomac
River Basin which shall be constituted as provided by the Compact herein-
above mentioned. The Potomac River Basin Commission of Virginia shall
perform such further duties as shall be provided by the Compact.

No provision of this chapter or application thereof shall operate to
repeal, limit, affect or impair any provision or application of Chap. 2
of Title 62 of the Code of Virginia; and no provision of this chapter shall
have any effect upon the powers and duties of the State Water Control
Board created by Chapter 2 of Title 62 of the Code of Virginia and the
operation of such Board over the waters of the State subject to its juris-
diction. Members of the Potomac River Basin Commission of Virginia are
prohibited from voting in favor of any measure before the Interstate
Potomac River Basin Commission which might have any effect upon the
powers and duties of the State Water Control Board without the consent
of such Board first had and obtained. Members of the Potomac River Basin
Commission of Virginia are prohibited from voting in favor of the con-
struction, with public funds, of any dam or other structure upon the
Potomac River or its tributaries in Virginia, which dam or other
structure is used or is capable of being used, directly or indirectly, in
whole or in part and whether as a single or multiple purpose, for the
production by any government or any agency or instrumentality thereof,
of electric power and energy.

2. There is hereby appropriated to the Commission out of any moneys
in the State treasury unexpended and available therefor, and not other-
wise appropriated, such sums as may be necessary for the uses and purposes
of the Commission in carrying out the provisions of this Act, and the
payment of the proper proportion of the State of Virginia, of the expenses
of the “Interstate Commission on the Potomac River Basin, in accordance
with Article four of § 62-63.

8. This act shall become effective upon the adoption of substantially
similar amendments to the said Compact by each of the signatory states
to the Compact, and upon the approval of the amendments to the Compact
by the Congress of the United States.