Title 12, Chapter 10, Section 40
( 12-10-40)
The Interstate Environment Compact is enacted into law and entered
into with all other jurisdictions legally joining therein in the
form substantially as follows: "INTERSTATE ENVIRONMENT COMPACT
Article 1. Findings, Purposes and
Reservations of Power. 1.01. Findings. The signatory states hereby find and declare: (a) The environment of every state is affected with local, state,
regional and national interests, and its protection, under
appropriate arrangements for intergovernmental cooperation, are
public purposes of the respective signatories. (b) Certain environmental pollution problems transcend state
boundaries and thereby become common to adjacent states requiring
cooperative efforts. (c) The environment of each state is subject to the effective
control of the signatories, and coordinated, cooperative or joint
exercise of control measures is in their common interests. 1.02. Purposes. The purposes of the signatories in enacting this
are: (a) To assist and participate in the national environment protection
programs as set forth in federal legislation; to promote
intergovernmental cooperation for multistate action relating to
environmental protection through interstate agreements; and to
encourage cooperative and coordinated environmental protection by
the signatories and the federal government; (b) To preserve and utilize the functions, powers and duties of
existing state agencies of government to the maximum extent possible
consistent with the purposes of the compact. 1.03. Powers of the United States. (a) Nothing contained in this compact shall impair, affect or extend
the constitutional authority of the United States. (b) The signatories hereby recognize the power and right of the
Congress of the United States at any time by any statute expressly
enacted for that purpose to revise the terms and conditions of its
consent. 1.04. Powers of the States. Nothing contained in this compact shall
impair or extend the constitutional authority of any signatory
state, nor shall the police powers of any signatory state be
affected except as expressly provided in a supplementary agreement
under Article 4. Article 2. Short Title, Definitions,
Purposes and Limitations. 2.01. Short Title. This compact shall be known and may be cited as
the Interstate Environment Compact.
2.02. Definitions. For the purpose of this compact and of any
supplemental or concurring legislation enacted pursuant or in
relation hereto, except as may be otherwise required by the context: (a) 'State' shall mean any one of the fifty states of the United
States of America, the Commonwealth of Puerto Rico and the Territory
of the Virgin Islands, but shall not include the District of
Columbia. (b) 'Interstate environment pollution' shall mean any pollution of a
stream or body of water crossing or marking a state boundary,
interstate air quality control region designated by an appropriate
federal agency or solid waste collection and disposal district or
program involving the jurisdiction or territories of more than one
state. (c) 'Government' shall mean the governments of the United States and
the signatory states. (d) 'Federal Government' shall mean the government of the United
States of America and any appropriate department, instrumentality,
agency, commission, bureau, division, branch or other unit thereof,
as the case may be, but shall not include the District of Columbia. (e) 'Signatory' shall mean any state which enters into this compact
and is a party thereto. Article 3. Intergovernmental Cooperation. 3.01. Agreements with the Federal Government and Other Agencies.
Signatory states are hereby authorized jointly to participate in
cooperative or joint undertakings for the protection of the
interstate environment with the federal government or with any
intergovernmental or interstate agencies. Article 4. Supplementary Agreements,
Jurisdiction and Enforcement. 4.01. Signatory States Empowered to Enter Into Agreements.
Signatories may enter into agreements for the purpose of controlling
interstate environmental problems in accordance with applicable
federal legislation and under terms and conditions as deemed
appropriate by the agreeing states under section 4.06 and section
4.08. 4.02. Recognition of Existing Non-Environmental Intergovernmental
Arrangements. The signatories agree that existing Federal-state,
interstate or intergovernmental arrangements which are not primarily
directed to environmental protection purposes as defined herein are
not affected by this compact. 4.03. Recognition of Existing Intergovernmental Agreements Directed
to Environmental Objectives. All existing interstate compacts
directly relating to environmental protection are hereby expressly
recognized and nothing in this compact shall be construed to
diminish or supersede the powers and functions of such existing
intergovernmental agreements and the organizations created by them. 4.04. Modification of Existing Commissions and Compacts. Recognition
herein of multistate commissions and compacts shall not be construed
to limit directly or indirectly the creation of additional
multistate organizations or interstate compacts, nor to prevent
termination, modification, extension, or supplementation of such
multistate organizations and interstate compacts recognized herein
by the Federal government or states party thereto. 4.05. Recognition of Future Multistate Commissions and Interstate
Compacts. Nothing in this compact shall be construed to prevent
signatories from entering into multistate organizations or other
interstate compacts which do not conflict with their obligations
under this compact. 4.06. Supplementary Agreements. Any two or more signatories may
enter into supplementary agreements for joint, coordinated or mutual
environmental management activities relating to interstate pollution
problems common to the territories of such states and for the
establishment of common or joint regulation, management, services,
agencies or facilities for such purposes or may designate an
appropriate agency to act as their joint agency in regard thereto.
No supplementary agreement shall be valid to the extent that it
conflicts with the purposes of this compact and the creation of a
joint agency by supplementary agreement shall not affect the
privileges, powers, responsibilities or duties under this compact of
signatories participating therein as embodied in this compact. 4.07. Execution of Supplementary Agreements and Effective Date. The
Governor is authorized to enter into supplementary agreements for
the State and his official signature shall render the agreement
immediately binding upon the State; Provided that: (a) The legislature of any signatory entering into such a
supplementary agreement shall at its next legislative session by
concurrent resolution bring the supplementary agreement before it
and by appropriate legislative action reverse, modify or condition
the agreement of that state. (b) Nothing in this agreement shall be construed to limit the
right of Congress by Act of law expressly enacted for that purpose
to disapprove or condition such a supplementary agreement. 4.08. Special Supplementary Agreements. Signatories may enter into
special supplementary agreements with the District of Columbia or
foreign nations for the same purposes and with the same powers as
under section 4.06 upon the condition that such non-signatory party
accept the general obligations of signatories under this compact:
Provided, that such special supplementary agreements shall become
effective only after being consented to by the Congress. 4.09. Jurisdiction of Signatories Reserved. Nothing in this compact
or in any supplementary agreement thereunder shall be construed to
restrict, relinquish or be in derogation of, any power or authority
constitutionally possessed by any signatory within its jurisdiction,
except as specifically limited by this compact or a supplementary
agreement. 4.10. Complementary Legislation by Signatories. Signatories may
enact such additional legislation as may be deemed appropriate to
enable its officers and governmental agencies to accomplish
effectively the purposes of this compact and supplementary
agreements recognized or entered into under the terms of this
Article. 4.11. Legal Rights of Signatories. Nothing in this compact shall
impair the exercise by any signatory of its legal rights or remedies
established by the United States Constitution or any other laws of
this Nation. Article 5. Construction, Amendment and
Effective Date. 5.01. Construction. It is the intent of the signatories that no
provision of this compact or supplementary agreement entered into
hereunder shall be construed as invalidating any provision of law of
any signatory and that nothing in this compact shall be construed to
modify or qualify the authority of any signatory to enact or enforce
environmental protection legislation within its jurisdiction and not
inconsistent with any provision of this compact or a supplementary
agreement entered into pursuant hereto. 5.02. Severability. The provisions of this compact or of agreements
hereunder shall be severable and if any phrase, clause, sentence or
provision of this compact, or such an agreement is declared to be
contrary to the constitution of any signatory or of the United
States or is held invalid, the constitutionality of the remainder of
this compact or of any such agreement and the applicability thereof
to any participating jurisdiction, agency, person or circumstance
shall not be affected thereby and shall remain in full force and
effect as to the remaining participating jurisdictions and in full
force and effect as to the signatory affected as to all severable
matters. It is the intent of the signatories that the provisions of
this compact shall be reasonably and liberally construed in the
context of its purposes. 5.03. Amendments. Amendments to this compact may be initiated by
legislative action of any signatory and become effective when
concurred in by all signatories and approved by Congress. 5.04. Effective Date. This compact shall become binding on a state
when enacted by it into law and such state shall thereafter become a
signatory and party hereto with any and all states legally joining
herein. 5.05. Withdrawal From the Compact. A state may withdraw from this
compact by authority of an Act of its legislature one year after it
notifies all signatories in writing of an intention to withdraw from
the compact: Provided, withdrawal from the compact affects
obligations of a signatory imposed on it by supplementary agreements
to which it may be a party only to the extent and in accordance with
the terms of such supplementary agreements." |