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The signing
of the Compact forming the ICPRB
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The Compact is the 1970 Congressional amendment to the 1940 law
creating the Interstate Commission on the Potomac River Basin.
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the Compact creating the ICPRB
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This document is an electronic version of the language the U.
S. Congress used in adopting the 1970 amendment for the Compact
creating the Interstate Commission on the Potomac River Basin. Any
discrepancy or difference in language is not intended. If there
is a discrepancy the language in the official records of the United
States Congress will prevail.
Public Law 91-407
91st Congress, S. J. Res.67
September 25, 1970
Joint Resolution
84 STAT. 856
Granting the consent of the Congress to the States of Maryland
and West Virginia and the Commonwealths of Virginia and Pennsylvania
and the District of Columbia, as signatory bodies, for certain amendments
to the compact creating the Potomac Valley Conservancy District
and establishing the Interstate Commission on the Potomac River
Basin.
Whereas, by Public Resolution Numbered 93, Seventy-sixth Congress,
third session, approved July 11, 1940 (54 Stat. 748), Congress granted
consent to the States of Maryland and West Virginia and the Commonwealths
of Virginia and Pennsylvania and the District of Columbia, hereinafter
designated signatory bodies, to enter into a compact for the creation
of a Potomac Valley Conservancy District and the establishment of
the Interstate Commission on the Potomac River Basin; and
33 USC 567b
Whereas, all signatory bodies have entered into said compact; and
Whereas, all the said signatory bodies have adopted identical proposed
amendments to said compact, for which they seek the consent of Congress,
by virtue of which amendments said compact will read as follows:
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
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.
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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.
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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 non-governmental
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 non-public 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
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.
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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 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.
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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 contributions 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.
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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.
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Article
VI
This compact shall become effective immediately after it shall
have been ratified by the majority of the legislature of the States
of Maryland and West Virginia, the Commonwealths of Pennsylvania
and Virginia, and by the Commissioner of the District 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.
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Article
VII
Any signatory body may, by legislative act, after one year's notice
to the Commission, withdraw from this compact."
Now, therefore, be it resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, That the
consent of the Congress is hereby given to the States of Maryland
and West Virginia and the Commonwealths of Virginia and Pennsylvania
and the District of Columbia to adopt the aforementioned amendments
and enter into the amended compact hereinbefore recited and every
part and article thereof: Provided, That nothing contained in such
amended compact shall be construed as impairing or in any manner
affecting any right or jurisdiction of the United States in and
over the region which forms the subject of this compact: And provided
further, That the consent herein given does not extend to section
(F) (2) of article II of the amended compact.
Sec. 2. The Commissioner of the District of Columbia is authorized
to enter into, on behalf of the District of Columbia, the amended
compact hereinbefore recited.
Sec. 3. The right to alter, amend, or repeal this joint resolution
is hereby expressly reserved.
Approved September 25, 1970
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