Maryland Code § EN-5-303

Section EN-5-303
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(a) There is a commission consisting of 3 members to act jointly with
commissions appointed for like purposes by the state of West Virginia, the
commonwealths of Pennsylvania and Virginia, the District of Columbia, and an
additional 3 members to be appointed by the President of the United States and
which, together with the other commissions appointed as mentioned, shall constitute
and be known as the Interstate Commission on the Potomac River Basin. The
Commission for the State of Maryland shall consist of the Governor of the State and
2 members to be named by the Governor, who shall be actual residents in the Potomac
River Drainage Basin. The terms of the members appointed by the Governor shall be
2 years, the first of the appointments of 2 members to be made on June 1, 1939, and
they shall serve without compensation, but shall be paid their actual expenses
incurred in and incident to the performance of their duties as set forth. This State
shall contribute to the Interstate Commission on the Potomac River Basin its pro rata
share of the expenses of the Commission, which shall be the sums as may be
appropriate for the purpose in the State budget.
(b) The Governor of the State is authorized and directed to execute a
compact on behalf of the State of Maryland with the other states and the District
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 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 co-ordination of the planning for the
development and use of the water and associated land resources through co-operation
with, and support and co-ordination 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, co-ordinate, 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 co-operate 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 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 co-ordination 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 co-operative 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 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.
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 co-operation in the abatement of existing pollution and the
prevention of future pollution in the streams of the Conservancy District and in the
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's notice to the
Commission, withdraw from this compact.

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