H. B. 2601
(By Delegate Michael)
[Introduced March 16, 1993; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section one, article one-c, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the interstate
commission on the Potomac River basin generally; and
replacing the director of health with the director of the
division of natural resources as a member of the commission.
Be it enacted by the Legislature of West Virginia:
That section one, article one-c, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1C. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.
§29-1C-1. Creation of commission; members; terms; compact with
other political units.
There is hereby created a commission consisting of three
members, to act jointly with commissioners appointed for like
purposes by the commonwealths of Pennsylvania and Virginia, the
state of Maryland, and the District of Columbia, and an
additional three members to be appointed by the president of theUnited States, and which, together with the other commissioners
appointed as hereinbefore mentioned, shall constitute and be
known as the "Interstate Commission on the Potomac River Basin."
The said commission of the state of West Virginia shall consist
of three members. The governor, by and with the advice and
consent of the Senate, shall appoint two persons as two of such
commissioners, each of whom shall be a resident and citizen of
this state. The terms of one of the said two commissioners first
appointed shall be three years and of the other shall be six
years; and their successors shall be appointed by the governor,
by and with the advice and consent of the Senate, for terms of
six years each. Each commissioner shall hold office until his
successor shall be appointed and qualified. Vacancies occurring
in the office of any such commissioner for any reason or cause
shall be filled by appointment by the governor, by and with the
advice and consent of the Senate, for the unexpired term. The
third commissioner from this state shall be the state director of
health ex officio, and the term of any such ex officio
commissioner shall terminate at the time he ceases to hold said
office of state director of health, and his successor as a
commissioner shall be his successor as said state director of
health. Said ex officio commissioner may delegate, from time to
time, to any deputy or other subordinate in his department or
office, is the director of the division of natural resources ex
officio, and his or her successor in office. The director may
delegate to another employee within the division, the power to
be present and participate, including voting, as his
representative or substitute at any meeting of or hearing by orother proceeding of the commission. The term of each of the
initial three members shall begin at the date of the appointment
of the two appointive commissioners:
Provided,
That the compact
hereinafter referred to shall then have gone into effect, in
accordance with article six thereof, otherwise to begin upon the
date said compact shall become effective, in accordance with said
article six.
Any commissioner may be removed from office by the governor.
The governor of the state of West Virginia is hereby
authorized and directed to execute a compact on behalf of the
state of West Virginia, with the other states and the district
hereinabove referred to, who may by their legislative bodies so
authorize a compact in form substantially as follows:
A COMPACT
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 streams; 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 andother 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, therefor,
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 thecommission 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 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 agreesto 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 purpose 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 commissions
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 shallbe 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 four.
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 theDistrict of Columbia, and approval 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 action, after one
year's notice to the commission, withdraw from this compact.
NOTE: The purpose of this bill is to replace the Director
of Health with the director of the Division of Natural Resources
as a member of the Interstate Commission on the Potomac River
Basin.