Chapter 5. Potomac River Basin Commission.

Sec.

§ 62.1-64. Authority to execute compact to create Potomac Valley Conservancy District and Interstate Commission on the Potomac River Basin.

The Governor is hereby authorized and directed to execute, on behalf of the Commonwealth of Virginia, a compact with the states of Maryland and West Virginia, the Commonwealth of Pennsylvania and the District of Columbia, or with such of the same as shall, by their respective legislative bodies, enact legislation with like provisions to those of this chapter, but not with such of the same as shall not so enact such legislation, which compact shall be in form substantially as set out in § 62.1-65 .

(Code 1950, § 62-62; 1968, c. 659.)

Law review. - For article on problems of water resource management in Virginia, see 13 Wm. & Mary L. Rev. 388 (1971). For note, "Public Regulation of Water Quality in Virginia," see 13 Wm. & Mary L. Rev. 424 (1971).

Michie's Jurisprudence. - For related discussion, see 20 M.J. Waters and Watercourses, § 3.

§ 62.1-65. Form and terms of 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.

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
    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 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 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 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.

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.

(Code 1950, § 62-63; 1968, cc. 542, 659.)

Compact cross references. - As to provisions of other member states, see:

District of Columbia: D.C. Code § 8-1602.

Maryland: Md. Environment Code Ann. § 5-303.

Pennsylvania: 32 P.S. § 741.

West Virginia: W. Va. Code § 22C-11-1.

Editor's note. - The above section is former § 62-63 as amended by Acts 1968, c. 542. Pursuant to former § 1-13.39 (see now § 30-152), the Code Commission substituted the above text for that of Acts 1968, c. 659, § 62.1-65 .

Acts 1968, c. 542, became effective September 25, 1970. See P.L. 91-407, 84 Stat. 856.

§ 62.1-66. Potomac River Basin Commission of Virginia.

There is hereby created a Commission of three members to be known as the Potomac River Basin Commission of Virginia, but the Commission shall not come into being unless and until the Governor shall have executed the compact hereinabove authorized.

(Code 1950, § 62-64; 1968, c. 659.)

§ 62.1-67. Appointment, terms and qualifications of members; alternate members.

The Commission shall consist of three members as follows: one legislative member of the Commission on Intergovernmental Cooperation who resides in the Potomac River drainage basin, appointed by the Joint Rules Committee; one nonlegislative citizen member at large who resides in the Potomac River drainage basin, appointed by the Governor; and the executive director of the State Water Control Board. Appointments to fill vacancies shall be made for the respective unexpired terms. One of the members shall be designated by the Governor as chairman. The Governor and the Joint Rules Committee shall appoint alternate members for their appointees to the Commission, who shall reside in the Potomac River drainage basin, and each alternate shall have power to act in the absence of the person for whom he is alternate. The legislative member and executive director of the State Water Control Board shall serve terms coincident with their terms of office and the member appointed by the Governor shall serve a term of four years. The terms of each alternate shall run concurrently with the term of the member for whom he is alternate. All members may be reappointed.

(Code 1950, § 62-65; 1968, cc. 542, 659; 1979, c. 114; 1981, c. 308; 2006, cc. 516, 556.)

Editor's note. - Acts 2006, cc. 516 and 556, cls. 2, provides: "That this act shall not be construed to affect existing appointments for which the terms have not expired. However, any new appointments made after July 1, 2006, shall be made in accordance with the provisions of this act."

The 2006 amendments. - The 2006 amendments by cc. 516 and 556 are identical, and rewrote this section.

§ 62.1-68. Expenses of members.

The members of the Commission shall be paid their expenses incurred in the performance of their duties as such in such manner and amount as shall be provided in the compact hereinabove authorized to be executed.

(Code 1950, § 62-66; 1968, c. 659.)

§ 62.1-69. Duties of Commission; powers and duties of Water Control Board not affected; dams or structures for production of electric power.

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 Virginia 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 hereinabove 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 Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1; and no provision of this chapter shall have any effect upon the powers and duties of the State Water Control Board created by Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 and the operation of such Board over the waters of the Commonwealth subject to its jurisdiction. 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 construction, 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.

(Code 1950, § 62-67; 1968, cc. 542, 659.)

Editor's note. - The above section is former § 62-67 as amended by Acts 1968, c. 542. Pursuant to § 30-152, the Code Commission has substituted the above text for that of Acts 1968, c. 659, § 62.1-69 .

Acts 1968, c. 542, became effective September 25, 1970. See P.L. 91-407, 84 Stat. 856.

Chapter 5.2. Chesapeake Bay Commission.

§§ 62.1-69.5 through 62.1-69.20.

Repealed by Acts 2004, c. 1000.

Cross references. - For current provisions concerning Chesapeake Bay Commission, see § 30-240 et seq.

Chapter 5.4. Virginia Roanoke River Basin Advisory Committee.

Sec.

§ 62.1-69.34. Virginia Roanoke River Basin Advisory Committee established; purpose; membership; terms; meetings.

  1. The Virginia Roanoke River Basin Advisory Committee, hereinafter referred to as the "Committee," is hereby established in the executive branch of state government as an advisory committee to the Virginia delegation to the Roanoke River Basin Bi-State Commission. The Committee shall assist the delegation in fulfilling its duties and carrying out the objectives of the Commission, pursuant to § 62.1-69.39 . The advisory committee shall be composed of 23 members as follows: two members of the Senate, whose districts include a part of the Virginia portion of the Roanoke River Basin, to be appointed by the Senate Committee on Rules; four members of the House of Delegates, whose districts include a part of the Virginia portion of the Roanoke River Basin, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; one nonlegislative citizen member at large appointed by the Senate Committee on Rules; one nonlegislative citizen member at large appointed by the Speaker of the House of Delegates; 11 nonlegislative citizen members selected by the legislative members of the advisory committee such that two are chosen from recommendations of each of the following: the Central Virginia Planning District Commission, the West Piedmont Planning District Commission, the Southside Planning District Commission, the Piedmont Planning District Commission, and the Roanoke Valley Alleghany Planning District Commission; and one member selected by the legislative members of the advisory committee from among recommendations submitted by the New River Valley Planning District Commission; and the Virginia member of the United States House of Representatives, whose district includes the largest portion of the Basin, or his designee, and three representatives of the State of North Carolina appointed in a manner as the General Assembly of North Carolina may determine appropriate. Except for the representatives of North Carolina, all nonlegislative citizen members shall be citizens of the Commonwealth of Virginia. The Virginia member of the United States House of Representatives, the members of the Virginia General Assembly, and the representatives of North Carolina shall serve ex officio without voting privileges. Of the recommendations submitted by planning district commissions authorized to recommend two members, one member shall be a nonlegislative citizen who resides within the respective planning district. However, the New River Valley Planning District Commission may recommend either one nonlegislative citizen at large who resides within the planning district or one member, who at the time of the recommendation, is serving as an elected member or an employee of a local governing body, or one member of the board of directors or an employee of the planning district commission. All persons recommended by the planning district commissions to serve as members of the advisory committee shall reside within the Basin's watershed, represent the diversity of interests in the jurisdictions comprising the respective planning district commissions, and demonstrate interest, experience, or expertise in water-related Basin issues.
  2. State and federal legislative members and local government officials appointed to the advisory committee shall serve terms coincident with their terms of office. Nonlegislative citizen members appointed by the Senate Committee on Rules and the Speaker of the House of Delegates to serve on the advisory committee, and ex officio members representing the State of North Carolina shall serve a term of two years. Initially, planning district commissions authorized to recommend two nonlegislative citizen members to the advisory committee shall recommend one member for a term of two years and one member for a term of one year. However, the nonlegislative citizen member recommended to serve on the advisory committee by the New River Valley Planning District Commission shall serve a term of one year. After the initial staggering of terms, the term of office of nonlegislative citizen members recommended by the planning district commissions shall be for two years. Nonlegislative citizen members recommended by planning district commissions shall be eligible for reappointment, if such members shall have attended at least one-half of all meetings of the Commission during their current term of service. Nonlegislative citizen members shall serve for no more than three consecutive two-year terms. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointment. The remainder of any term to which a nonlegislative citizen member is appointed to fill shall not constitute a term in determining the member's eligibility for reappointment.

    The advisory committee shall elect a chairman and a vice-chairman from among its voting members. A majority of the voting members shall constitute a quorum. The meetings of the advisory committee shall be held at the call of the chairman or whenever the majority of the voting members so request.

    (2002, cc. 657, 843; 2003, c. 885; 2004, c. 403.)

Editor's note. - Acts 2002, cc. 657 and 843, each enacted sections relating to the Roanoke River Basin. Chapter 657 placed these sections as a new Chapter 5.4 of Title 62.1, while c. 843 placed them in new Chapters 5.4 and 5.5 of Title 62.1. Many but not all of the sections were identical. Subsequently, Acts 2003, c. 885, cl. 3 repealed Acts 2002, c. 657.

Acts 2002, c. 843, cl. 2, provides: "That the provisions of this act pertaining to the State of North Carolina, including its participation in, funding for, and responsibilities to the Roanoke River Bi-State Commission, shall become effective upon the date of enactment of a comparable act establishing the Roanoke River Basin Bi-State Commission by the General Assembly of North Carolina." See North Carolina G.S. 77-90 et seq., effective October 1, 2002.

Acts 2002, c. 843, cl. 3, provides: "That, upon the effective date of this act, the Virginia Roanoke River Basin Advisory Committee shall organize and commence its work."

Acts 2002, c. 843, cl. 4, provides: "That, upon the decision of the General Assembly of North Carolina not to enact or repeal comparable legislation establishing the Roanoke River Bi-State Commission, the Virginia Roanoke River Basin Advisory Committee shall assume the powers and duties of the Roanoke River Basin Bi-State Commission, in accordance with § 62.1-69.39 ."

Acts 2003, c. 885, cl. 7, provides: "That all current members of the collegial bodies whose terms have been modified by this act shall be eligible, if reappointed, to the full number of terms provided by this act regardless of prior service."

Acts 2004, c. 403, cl. 2, provides: "That this act shall not be construed to affect existing appointment for which the terms have not expired. However, any new appointments made after the effective date of this act shall be made in accordance with the provisions of this act."

The 2003 amendments. - The 2003 amendment by c. 885, cl. 1, rewrote this section.

Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note.

The 2004 amendments. - The 2004 amendment by c. 403 rewrote the section.

§ 62.1-69.35. Compensation and expenses.

Legislative members of the advisory committee shall receive such compensation as provided in § 30-19.12, and nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813 . All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of members shall be paid from such funds as may be provided to the Department of Environmental Quality in the appropriations act for this purpose.

(2002, c. 843; 2003, c. 885.)

The 2003 amendments. - The 2003 amendment by c. 885 inserted "nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813 . All members," inserted " §§ 2.2-2813 and," and added the third sentence.

Chapter 5.5. Roanoke River Basin Bi-State Commission.

Sec.

§ 62.1-69.36. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Basin" means the Roanoke River Basin.

"Roanoke River Basin" means that land area designated as the Roanoke River Basin by the Virginia State Water Control Board, pursuant to § 62.1-44.38, and the North Carolina Department of Environment and Natural Resources.

(Acts 2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Acts 2002, cc. 657 and 843, each enacted sections relating to the Roanoke River Basin. Chapter 657 placed these sections as a new Chapter 5.4 of Title 62.1, while c. 843 placed them in new Chapters 5.4 and 5.5 of Title 62.1. Many but not all of the sections were identical. Subsequently, Acts 2003, c. 885, cl. 3 repealed Acts 2002, c. 657.

Acts 2002, c. 843, cl. 2, provides: "That the provisions of this act pertaining to the State of North Carolina, including its participation in, funding for, and responsibilities to the Roanoke River Bi-State Commission, shall become effective upon the date of enactment of a comparable act establishing the Roanoke River Basin Bi-State Commission by the General Assembly of North Carolina."

Acts 2002, c. 843, cl. 3, provides: "That, upon the effective date of this act, the Virginia Roanoke River Basin Advisory Committee shall organize and commence its work."

Acts 2002, c. 843, cl. 4, provides: "That, upon the decision of the General Assembly of North Carolina not to enact or to repeal comparable legislation establishing the Roanoke River Bi-State Commission, the Virginia Roanoke River Basin Advisory Committee shall assume the powers and duties of the Roanoke River Basin Bi-State Commission, in accordance with § 62.1-69.39 ."

The 2003 amendments. - Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

Michie's Jurisprudence. - For related discussion, see 20 M.J. Waters and Watercourses, § 3.

§ 62.1-69.37. Roanoke River Basin Bi-State Commission established; purpose.

The Roanoke River Basin Bi-State Commission is hereby established as a bi-state commission composed of members from the Commonwealth of Virginia and the State of North Carolina and hereinafter referred to as the Commission. The Commission shall:

  1. Provide guidance, conduct joint meetings, and make recommendations to local, state and federal legislative and administrative bodies, and to others as it deems necessary and appropriate, regarding the use, stewardship, and enhancement of the Basin's water and other natural resources;
  2. Provide a forum for discussion of issues affecting the Basin's water quantity, water quality, and other natural resources;
  3. Promote communication, coordination and education among stakeholders within the Basin;
  4. Identify Basin-related problems and recommend appropriate solutions; and
  5. Undertake studies and prepare, publish, and disseminate information through reports, and other communications, related to water quantity, water quality and other natural resources of the Basin.

    (2002, cc. 657, 843; 2003, c. 885, cl. 4.)

Editor's note. - Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

§ 62.1-69.38. Membership; terms.

  1. The Commission shall be composed of 18 voting members that include nine members representing the Commonwealth of Virginia and nine members representing the State of North Carolina. The Virginia delegation shall consist of the six legislative members appointed to the Virginia Roanoke River Basin Advisory Committee, and three nonlegislative citizen members appointed to the Virginia Roanoke River Basin Advisory Committee, who represent different geographical areas of the Virginia portion of the Roanoke River Basin, to be appointed by the Governor of Virginia. The North Carolina delegation to the Commission shall be appointed as determined by the State of North Carolina. All members appointed to the Commission by the Commonwealth of Virginia and the State of North Carolina shall reside within the Basin's watershed. Members of the Virginia House of Delegates and the Senate of Virginia, the North Carolina House of Representatives and Senate, and federal legislators, who have not been appointed to the Commission and whose districts include any portion of the Basin, shall serve as nonvoting ex officio members of the Commission.
  2. Legislative members of the Virginia delegation, federal legislators, and local government officials, whether appointed or ex officio, shall serve terms coincident with their terms of office. Nonlegislative citizen members shall be appointed to serve two-year terms, unless the member is reappointed by the appointing authorities of each state. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointment.
  3. Each state's delegation to the Commission may meet separately to discuss Basin-related issues affecting their state, and may report their findings independently of the Commission. A majority of the voting members shall constitute a quorum.

    (2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Section 62.1-69.38 is set out above as enacted by Acts 2002, c. 843. A corresponding section was enacted by Acts 2002, c. 657 and numbered § 62.1-69.37 . Subsequently, Acts 2002, c. 657 was repealed by Acts 2003, c. 885, cl. 4.

Acts 2003, c. 885, cl. 7, provides: "That all current members of the collegial bodies whose terms have been modified by this act shall be eligible, if reappointed, to the full number of terms provided by this act regardless of prior service."

Effect of amendment. - The 2003 amendment by c. 885, cl. 1, rewrote subsections A and B, and in subsection C, added the second sentence.

Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

§ 62.1-69.39. Roanoke River Basin Bi-State Commission powers and duties.

  1. The Commission shall have no regulatory authority.
  2. To perform its duties and objectives, the Commission shall have the power to:
    1. Develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives, including, but not limited to, selecting a chairman and vice-chairman, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote by a majority of the Commission members;
    2. Establish standing and ad hoc advisory committees, which shall be constituted in a manner to ensure a balance between recognized interests. The purpose of each advisory committee shall be determined by the Commission;
    3. Seek, apply for, accept and expend gifts, grants and donations, services and other aid from public or private sources. With the exception of funds provided by the planning district commissions and funds appropriated by the General Assemblies of Virginia and North Carolina, the Commission may accept funds only after an affirmative vote by a majority of the members of the Commission or by following such other procedures as may be established by the Commission for the conduct of its business;
    4. Establish a nonprofit corporation to assist in the details of administering its affairs and in raising funds;
    5. Enter into contracts and execute all instruments necessary or appropriate; and
    6. Perform any lawful acts necessary or appropriate for the furtherance of its work.

      (2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Acts 2002, c. 843, cl. 4, provides: "That, upon the decision of the General Assembly of North Carolina not to enact or to repeal comparable legislation establishing the Roanoke River Bi-State Commission, the Virginia Roanoke River Basin Advisory Committee shall assume the powers and duties of the Roanoke River Basin Bi-State Commission, in accordance with § 62.1-69.39 ."

Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

§ 62.1-69.40. Standing and ad hoc committees.

To facilitate communication among stakeholders in the Roanoke River Basin, and to maximize participation by all interested parties, the Commission shall establish both standing and ad hoc committees. The Commission shall appoint the members of the standing and ad hoc committees, in accordance with guidelines adopted by the Commission. The standing committees shall include, but not be limited to, the following:

  1. Permit holders. The Commission shall identify those entities that hold permits issued by a federal, state or local regulatory agency pertaining to the water of the Basin. Such entities may recommend a representative to be appointed to the committee by the Commission;
  2. Roanoke River Basin interest groups. The Commission shall identify interest groups that may recommend a representative to be appointed to the committee by the Commission;
  3. Public officials and government entities. The committee shall be composed of representatives of each county, city and town located completely or partially within the Basin, and any other governmental entities that the Commission deems appropriate may recommend one member to be appointed to the committee by the Commission. The committee may also include the U.S. Senators from Virginia and North Carolina or their designees, and any member of the U.S. House of Representatives or his designee, whose district includes any portion of the Basin, if such members elect to serve on the committee; and
  4. Agriculture, forestry and soil and water conservation districts. The Commission shall identify persons who represent agricultural and forestry interests throughout the Basin and representatives from the soil and water conservation districts within the Basin and shall appoint representatives from these groups to the committee.

    (2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

§ 62.1-69.41. Staffing and support.

The Virginia Department of Environmental Quality and the North Carolina Department of Environment and Natural Resources shall provide staff support to the Commission. Additional staff may be hired or contracted by the Commission through funds raised by or provided to it. The duties and compensation of such additional staff shall be determined and fixed by the Commission, within available resources.

All agencies of the Commonwealth of Virginia and the State of North Carolina shall cooperate with the Commission and, upon request, shall assist the Commission in fulfilling its responsibilities. The Virginia Secretary of Natural Resources and the North Carolina Secretary of the Department of Environment and Natural Resources or their designees shall each serve as the liaison between their respective state agencies and the Commission.

(2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

§ 62.1-69.42. Funding.

  1. The Commission shall annually adopt a budget, which shall include the Commission's estimated expenses. Funding for the Commission shall be shared and apportioned between the Commonwealth of Virginia and the State of North Carolina. The appropriation of public funds to the Commission shall be provided through each state's regular process for appropriating public funds. The Virginia planning district commissions within the Basin shall bear a proportion of Virginia's share of the expenses, which may be in the form of in-kind contributions.
  2. The Commission shall designate a fiscal agent.
  3. The accounts and records of the Commission showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Virginia Auditor of Public Accounts and the North Carolina State Auditor prescribe, provided that such accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by similar enterprises. The accounts and records of the Commission shall be subject to an annual audit by the Virginia Auditor of Public Accounts and the North Carolina State Auditor or their legal representatives, and the costs of such audit services shall be borne by the Commission. The results of the audits shall be delivered to the appropriate legislative oversight committees in each state.

    (2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

§ 62.1-69.43. Compensation and expenses.

  1. Legislative members of the Virginia delegation to the Commission shall receive such compensation as provided in § 30-19.12, and nonlegislative members shall receive such compensation for the performance of their duties as provided in § 2.2-2813 . All voting members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in § § 2.2-2813 and 2.2-2825 . However, all such expenses shall be paid from existing appropriations and funds provided to the Commission or, if unfunded, shall be approved by the Joint Rules Committee. Members of the Virginia House of Delegates and the Senate of Virginia, and members of the Virginia Congressional delegation, who have not been appointed to the Commission, whose districts include any portion of the Basin, and who serve as nonvoting ex officio members of the Commission shall serve without compensation and expenses. Nonlegislative citizen members appointed to any standing committees or ad hoc committees shall serve without compensation and expenses.
  2. The North Carolina members of the Commission shall receive per diem, subsistence, and travel expenses as follows:
    1. Ex officio legislative members who are members of the General Assembly at the rate established in North Carolina G.S. 138-6;
    2. Commission members who are officials or employees of the State or of local government agencies at the rate established in North Carolina G.S. 138-6; and
    3. All other members at the rate established in North Carolina G.S. 138-5.

      (2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Acts 2003, c. 885, cl. 7, provides: "That all current members of the collegial bodies whose terms have been modified by this act shall be eligible, if reappointed, to the full number of terms provided by this act regardless of prior service."

Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

The 2003 amendments. - The 2003 amendment by c. 885, cl. 1, rewrote the first paragraph of subsection A and added the second and third paragraphs.

§ 62.1-69.44. Annual report required.

The Commission shall submit an annual report, including any recommendations, to the Governor and General Assembly of Virginia and the Governor and General Assembly of North Carolina.

(2002, cc. 657, 843; 2003, c. 885.)

Editor's note. - Acts 2003, c. 885, cl. 4, repealed Acts 2002, c. 657. See the Editor's note at § 62.1-69.34 .

Chapter 5.6. Rivanna River Basin Commission.

Sec.

§ 62.1-69.45. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Rivanna River Basin" means that land area designated as the Rivanna River Basin by the State Water Control Board pursuant to § 62.1-44.38 and that is also found in the Fifteenth, Seventeenth, Twenty-fourth and Twenty-fifth state Senatorial districts or the Twenty-fifth, Fifty-seventh, Fifty-eighth and Fifty-ninth House of Delegates districts, as those districts existed on January 1, 2002.

(2004, c. 394.)

§ 62.1-69.46. The Rivanna River Basin Commission; establishment; purpose.

  1. The Rivanna River Basin Commission (the Commission) shall be established as an independent local entity without political subdivision status, and shall be established upon the passage of a resolution by three-fourths of the Rivanna River Basin's localities, in which not less than three percent of the jurisdiction is found wholly or partially within the Rivanna River Basin, that commits them to participation in the Commission as described in this chapter. Localities located in the Rivanna River Basin include the Counties of Albemarle, Fluvanna, Greene, Louisa, Orange and Nelson, and the City of Charlottesville. The resolution shall contain the following language: "The (governing body) of this jurisdiction hereby agrees to become a member of and participate in the Rivanna River Basin Commission as described in Chapter 5.6 (§ 62.1-69.45 et seq.) of Title 62.1 of the Code of Virginia."
  2. The purpose of the Commission shall be to provide guidance for the stewardship and enhancement of the water and natural resources of the Rivanna River Basin. The Commission shall be a forum in which local governments and citizens can discuss issues affecting the Basin's water quality and quantity and other natural resources. Through promoting communication, coordination, and education, and by suggesting appropriate solutions to identified problems, the Commission shall promote activities by local, state, and federal governments, and by individuals, that foster resource stewardship for the environmental and economic health of the Basin.

    (2004, c. 394.)

§ 62.1-69.47. Membership; terms; vacancies; chairman and vice-chairman; quorum; meetings; voting.

  1. The Commission shall consist of 14 nonlegislative members as follows: two members each of the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville; two nonlegislative citizen members, one each from the Culpeper Soil and Water Conservation District and the Thomas Jefferson Soil and Water Conservation District; and four nonlegislative citizen members at-large, one member each appointed by the local elected governing body of the Counties of Albemarle, Fluvanna, and Greene, and the City of Charlottesville, upon the recommendation of the Thomas Jefferson Planning District Commission. All members recommended by the Thomas Jefferson Planning District Commission and appointed to the Commission by the relevant local elected governing bodies shall be citizens who demonstrate interest, experience, or expertise in water-related Basin issues.
  2. Members of the Commission who are local elected governing body officials or members of the soil and water conservation districts shall serve terms coincident with their terms of office. Initial appointments of the four nonlegislative citizen-at-large members shall be staggered as follows: two members for a term of two years; and two members for a term of four years. Thereafter, nonlegislative citizen members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no nonlegislative citizen member shall serve more than two consecutive four-year terms. The remainder of any term to which a nonlegislative citizen at-large member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.
  3. The Commission shall elect a chairman and vice-chairman from among its membership. A majority of the voting members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request. Each member of the Commission shall have an equal vote.

    (2004, c. 394.)

§ 62.1-69.48. Compensation; expenses.

Members of the Commission may receive compensation and may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as the Commission may deem appropriate. The costs of compensation and expenses shall be paid from such funds as may be available to the Commission.

(2004, c. 394.)

§ 62.1-69.49. Funding.

  1. The Commission shall adopt annually a budget that includes the Commission's estimated expenses. A process for distributing the costs for the support of the Commission among the relevant local governing bodies, based on each jurisdiction's proportional share of the population within the Rivanna River Basin, shall be determined by the Commission's local elected governing body members, unless such members choose otherwise.
  2. The Commission shall designate a fiscal agent annually.

    (2004, c. 394.)

§ 62.1-69.50. Powers and duties of the Rivanna River Basin Commission.

The Rivanna River Basin Commission shall have the following powers and duties:

  1. Develop a plan to promote the coordination of water management within the Basin to maintain flow conditions to protect instream beneficial uses and public water supplies for human consumption;
  2. Provide guidance and make recommendations to local, state, and federal legislative and administrative bodies, and to others as it deems necessary and appropriate, regarding the use, stewardship, and enhancement of the Basin's water and other natural resources;
  3. Undertake studies and prepare, publish, and disseminate information in reports and in other forms related to the water and natural resources of the Basin and to further its purposes and mission, including but not limited to studies to determine the flow conditions necessary to protect instream beneficial uses and public water supplies for human consumption;
  4. Enter into contracts and execute all instruments necessary or appropriate;
  5. Perform any lawful acts necessary or appropriate;
  6. Establish a nonprofit corporation as an instrumentality of the Commonwealth to assist in the details of administering its affairs and in raising funds;
  7. Seek, apply for, accept, and expend gifts, grants, and donations, services, and other aids, from public or private sources. Other than those from member jurisdictions and those appropriated by the General Assembly, funds may be accepted by the Commission only after an affirmative vote by the Commission or by following such other procedure as may be established by the Commission for the conduct of its business;
  8. Establish balanced advisory committees that may include representation from agricultural, environmental, resource-based, industrial, recreational, riparian landowner, development, educational, and other interests as it deems necessary and appropriate; and
  9. Develop rules and procedures for the conduct of its business as necessary to carry out its purpose and mission, including but not limited to, selecting a chairman and vice-chairman, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote of a majority of the Commission's members.

    (2004, c. 394.)

§ 62.1-69.51. Staffing and support.

The local governing bodies, soil and water conservation districts, and planning district commissions found wholly or partially in the Rivanna River Basin may provide staff support to the Commission as the localities determine appropriate. Additional staff support may be hired or contracted for by the Commission through funds raised by or provided to it. The Commission shall determine the duties of such staff and fix compensation within available resources.

All agencies of the Commonwealth shall provide assistance to the Commission, upon request.

(2004, c. 394.)

§ 62.1-69.52. Withdrawal; dissolution.

  1. A locality may withdraw from the Commission one year after providing written notice to the Commission of its intent to do so.
  2. The Commission may be dissolved (i) upon three-fourths vote of its members, (ii) if the membership falls below three-fourths of the number of localities eligible for membership in the Commission, or (iii) by repeal or expiration of this chapter.
  3. Upon the Commission's dissolution, all funds and assets of the Commission, including funds received from private sources, shall be divided and distributed on a pro rata basis to the member local governing bodies. All state funds and assets, if any, shall be transferred to the Office of the Secretary of Natural Resources for appropriate distribution.

    (2004, c. 394.)

Chapter 6. Ohio River Valley Water Sanitation Commission.

Sec.

§ 62.1-70. Governor to execute Ohio River Valley Water Sanitation Compact.

The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, the Ohio River Valley Water Sanitation Compact which the Commonwealth of Virginia has been invited to join. The compact is in the words and figures set out in § 62.1-71 .

(Code 1950, § 62-67.1; 1968, c. 659.)

Law review. - For note on "Public Regulation of Water Quality in Virginia," see 13 Wm. & Mary L. Rev. 424 (1971).

Michie's Jurisprudence. - For related discussion, see 20 M.J. Waters and Watercourses, § 3.

§ 62.1-71. Form and terms of compact.

Whereas, a substantial part of the territory of each of the signatory states is situated within the drainage basin of the Ohio River;

Whereas, the rapid increase in the population of the various metropolitan areas situated within the Ohio drainage basin and the growth in industrial activity within that area have resulted in recent years in an increasingly serious pollution of the waters and streams within the said drainage basin, constituting a grave menace to the health, welfare, and recreational facilities of the people living in such basin, and occasioning great economic loss; and

Whereas, the control of future pollution and the abatement of existing pollution in the waters of said basin are of prime importance to the people thereof and can best be accomplished through the cooperation of the states situated therein, by and through a joint or common agency;

Now, therefore, the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Virginia, do hereby covenant and agree as follows:

Article I.

Each of the signatory states pledges to each of the other signatory states faithful cooperation in the control of future pollution in and abatement of existing pollution from the rivers, streams, and waters in the Ohio River Basin which flow through, into or border upon any of such signatory states, and in order to effect such object agrees to enact any necessary legislation to enable each such state to police and maintain the waters of that basin in a satisfactory sanitary condition, available for safe and satisfactory use as public and industrial water supplies after reasonable treatment, suitable for recreational usage, capable of maintaining fish and other aquatic life, free from unsightly or malodorous nuisances due to floating solids or sludge deposits, and adaptable to such other uses as may be legitimate.

Article II.

The signatory states hereby create a district to be known as the "Ohio River Valley Water Sanitation District," hereinafter called the district, which shall embrace all territory within the signatory states, the water in which flows ultimately into the Ohio River, or its tributaries.

Article III.

The signatory states hereby create the "Ohio River Valley Water Sanitation Commission," hereinafter called the Commission, which shall be a body corporate, with the powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the signatory states or by act or acts of the Congress of the United States.

Article IV.

The Commission shall consist of three commissioners from each state, each of whom shall be a citizen of the state from which he is appointed, and three commissioners representing the United States government. The commissioners from each state shall be chosen in the manner and for the terms provided by the laws of the state from which they shall be appointed, and any commissioner may be removed or suspended from office as provided by the law of the state from which he shall be appointed. The Commissioners representing the United States shall be appointed by the President of the United States, or in such other manner as may be provided by Congress. The Commissioners shall serve without compensation, but shall be paid their actual expenses incurred in and incident to the performance of their duties; but nothing herein shall prevent the appointment of an officer or employee of any state or of the United States government.

Article V.

The Commission shall elect from its number a chairman and vice-chairman, and shall appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications and compensation. It shall adopt a seal and suitable bylaws, and shall adopt and promulgate rules and regulations for its management and control. It may establish and maintain one or more offices within the district for the transaction of its business, and may meet at any time or place. One or more commissioners from a majority of the member states shall constitute a quorum for the transaction of business.

The Commission shall submit to the governor of each state, at such time as he may request, a budget of its estimated expenditures, for such period as may be required by the laws of such state for presentation to the legislature thereof.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and such books of account shall be open at any reasonable time to the inspection of such representatives of the respective signatory states as are duly constituted for that purpose.

On or before the first day of December of each year, the Commission shall submit to the respective governors of the signatory states a full and complete report of its activities for the preceding year.

The Commission shall not incur any obligations of any kind prior to the making of appropriations adequate to meet the same; nor shall the Commission pledge the credit of any of the signatory states, except by and with the authority of the legislature thereof.

Article VI.

It is recognized by the signatory states that no single standard for the treatment of sewage or industrial wastes is applicable in all parts of the district due to such variable factors as size, flow, location, character, self-purification, and usage of waters within the district. The guiding principle of this compact shall be that pollution by sewage or industrial wastes originating within a signatory state shall not injuriously affect the various uses of the interstate waters as hereinbefore defined.

All sewage from municipalities or other political subdivisions, public or private institutions, or corporations, discharged or permitted to flow into these portions of the Ohio River and its tributary waters which form boundaries between, or are contiguous to, two or more signatory states, or which flow from one signatory state into another signatory state, shall be so treated, within a time reasonable for the construction of the necessary works, as to provide for substantially complete removal of settleable solids and the removal of not less than forty-five per centum of the total suspended solids; provided that, in order to protect the public health or to preserve the waters for other legitimate purposes, including those specified in Article I, in specific instances such higher degree of treatment shall be used as may be determined to be necessary by the Commission after investigation, due notice and hearing.

All industrial wastes discharged or permitted to flow into the aforesaid waters shall be modified or treated, within a time reasonable for the construction of the necessary works, in order to protect the public health or to preserve the waters for other legitimate purposes, including those specified in Article I, to such degree as may be determined to be necessary by the Commission after investigation, due notice and hearing.

All sewage or industrial wastes discharged or permitted to flow into tributaries of the aforesaid waters situated wholly within one state shall be treated to that extent, if any, which may be necessary to maintain such waters in a sanitary and satisfactory condition at least equal to the condition of the waters of the interstate stream immediately above the confluence.

The Commission is hereby authorized to adopt, prescribe and promulgate rules, regulations and standards for administering and enforcing the provisions of this article.

Article VII.

Nothing in this compact shall be construed to limit the powers of any signatory state, or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state, imposing additional conditions and restrictions to further lessen or prevent the pollution of waters within its jurisdiction.

Article VIII.

The Commission shall conduct a survey of the territory included within the district, shall study the pollution problems of the district, and shall make a comprehensive report for the prevention or reduction of stream pollution therein. In preparing such report, the Commission shall confer with any national or regional planning body which may be established, and any department of the federal government authorized to deal with matters relating to the pollution problems of the district. The Commission shall draft and recommend to the governors of the various signatory states uniform legislation dealing with the pollution of rivers, streams and waters and other pollution problems within the district. The Commission shall consult with and advise the various states, communities, municipalities, corporations, persons, or other entities with regard to particular problems connected with the pollution of waters, particularly, with regard to the construction of plants for the disposal of sewage, industrial and other waste. The Commission shall, more than one month prior to any regular meeting of the legislature of any state which is a party thereto, present to the governor of the state its recommendations relating to enactments to be made by any legislature in furthering the intents and purposes of this compact.

Article IX.

The Commission may from time to time after investigation and after a hearing, issue an order or orders upon any municipality, corporation, person, or other entity discharging sewage or industrial waste into the Ohio River, or any other river, stream or water, any part of which constitutes any part of the boundary line between any two or more of the signatory states, or into any stream any part of which flows from any portion of one signatory state through any portion of another signatory state. Any such order or orders may prescribe the date on or before which such discharge shall be wholly or partially discontinued, modified or treated or otherwise disposed of. The Commission shall give reasonable notice of the time and place of the hearing to the municipality, corporation or other entity against which such order is proposed. No such order shall go into effect unless and until it receives the assent of at least a majority of the commissioners from each or not less than a majority of the signatory states; and no such order upon a municipality, corporation, person or entity in any state shall go into effect unless and until it receives the assent of not less than a majority of the commissioners from such state.

It shall be the duty of the municipality, corporation, person or other entity to comply with any such order issued against it or him by the Commission, and any court of general jurisdiction or any United States district court in any of the signatory states shall have the jurisdiction, by mandamus, injunction, specific performance or other form of remedy to enforce any such order against any municipality, corporation or other entity domiciled or located within such state or whose discharge of the waste takes place within or adjoining such state, or against any employee, department or subdivision of such municipality, corporation, person or other entity; provided, that such court may review the order and affirm, reverse or modify the same upon any of the grounds customarily applicable in proceedings for court review of administrative decisions. The Commission or, at its request, the Attorney General or other law enforcing official, shall have power to institute in such court any action for the enforcement of such order.

Article X.

The signatory states agree to appropriate for the salaries, office and other administrative expenses, their proper proportion of the annual budget as determined by the Commission and approved by the governors of the signatory states, one half of such amount to be prorated among the several states in proportion of their population within the district at the last preceding federal census, the other half to be prorated in proportion to their land area within the district.

Article XI.

This compact shall become effective upon ratification by the legislatures of a majority of the states located within the district and upon approval by the Congress of the United States; and shall become effective as to any additional states signing thereafter at the time of such signing.

(Code 1950, § 62-67.2; 1968, c. 659.)

Compact cross references. - As to provisions of other member states, see:

Illinois: 45 ILCS 60/1.

Indiana: Burns Ind. Code Ann. § 13-29-2-1.

Kentucky: KRS § 224.18-760.

New York: NY CLS ECL § 21-0301.

Ohio: ORC Ann. 6113.01.

Pennsylvania: 32 P.S. § 816.1.

West Virginia: W. Va. Code § 22C-12-1.

Applied in Rockwell Int'I Corp. v. Helton, 2002 Ky. App. LEXIS 583 (Ct. App. March 22, 2002).

§ 62.1-72. Effect of signing compact.

The Commonwealth of Virginia, hereby through the signature of its Governor hereto, adds its name to those of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Virginia as the parties to and signatory states of the foregoing Ohio River Valley Water Sanitation Compact, and hereby covenants and agrees as hereinabove set forth in such compact.

The signature by the Governor of Virginia, to the foregoing compact on behalf of the Commonwealth of Virginia, shall bind the Commonwealth and indicate its assent to and acceptance of the terms and conditions of such compact.

(Code 1950, § 62-67.3; 1968, c. 659.)

§ 62.1-73. Appointment and removal of Virginia members of Commission.

In pursuance of Article IV of said compact there shall be three members of the Ohio River Valley Water Sanitation Commission from Virginia. One member of the Commission shall be appointed by the Governor, subject to confirmation by the General Assembly, from the membership of the State Water Control Board continued under § 62.1-44.7. The term of the commissioner shall be coincident with that of his term upon the State Water Control Board. Any vacancy in the office of the commissioner shall be filled by appointment by the Governor. The second Virginia member of the Commission shall be the Director of the Department of Environmental Quality. The third Virginia member shall be the Director of the Department of Conservation and Recreation. Any member of the Commission appointed pursuant to this section who cannot be present at a meeting of the Commission, or at any committee or subcommittee of the Commission, may designate any employee of the Department of Environmental Quality, the Department of Conservation and Recreation, or a member of the State Water Control Board to attend the meeting and vote on his behalf.

Any commissioner may be removed from office by the Governor.

(Code 1950, § 62-67.4; 1968, c. 659; 2005, c. 517; 2009, c. 467.)

Editor's note. - Acts 2009, c. 467, cl. 2, provides: "That beginning July 1, 2009, one of the two members of the State Water Control Board serving as a commissioner shall be replaced pursuant to the provisions of this act."

The 2005 amendments. - The 2005 amendment by c. 517, in the first paragraph, substituted "Two members" for "The members" at the beginning of the second sentence and added the last two sentences.

The 2009 amendments. - The 2009 amendment by c. 467 substituted "One member" for "Two members" in the second sentence, substituted "term of the commissioner" for "terms of the commissioners" in the third sentence, substituted "Any vacancy" for "All vacancies" and "the commissioner" for "any such commissioner" in the fourth sentence, substituted "second" for "third" in the fifth sentence, inserted the sixth sentence, inserted "the Department of Conservation and Recreation" in the last sentence and made a minor related change.

§ 62.1-74. Powers of Commission; duties of state officers, departments, etc.; jurisdiction of certain courts; enforcement.

Subject to the terms of such compact there is hereby granted to the Commission and commissioners thereof all the powers provided for in the compact, and all the powers necessary or incidental to the carrying out of the compact in every particular. All officers of this Commonwealth are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular, it being hereby declared to be the policy of this Commonwealth to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the state government or administration of this Commonwealth are hereby authorized and directed at convenient times and upon request of the Commission to furnish it with information and data possessed by them or any of them and to aid the Commission by loan of personnel or other means lying within their legal powers, respectively.

The courts of record of this Commonwealth are hereby granted the jurisdiction specified in Article IX of the compact, and the Attorney General and other law enforcing officers of this Commonwealth are hereby granted the power to institute any action for the enforcement of the orders of the Commission as specified in Article IX of the compact.

(Code 1950, § 62-67.5; 1968, c. 659.)

§ 62.1-75. Powers granted Commission are supplemental.

Any powers herein granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in the Commission by other laws of this Commonwealth or by the laws of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, West Virginia, Tennessee, or by Congress, or by the terms of the compact.

(Code 1950, § 62-67.6; 1968, c. 659.)

§ 62.1-76. Expenses of members.

The commissioners shall be reimbursed out of moneys appropriated for such purposes all sums which they necessarily expend in the discharge of their duties as members of such Commission.

(Code 1950, § 62-67.7; 1968, c. 659.)

§ 62.1-77. Officers and employees; meetings.

The Commission shall elect from its membership a chairman, and may also select a secretary who need not be a member. The Commission may employ such assistants as it deems necessarily required, and the duties of such assistants shall be prescribed and their compensation fixed by the Commission and paid out of the state treasury out of funds appropriated for such purposes upon the requisition of the Commission.

The Commission shall meet at times and places agreed upon by the commissioners or upon call of its chairman.

(Code 1950, § 62-67.8; 1968, c. 659.)

§ 62.1-77.1.

Repealed by Acts 2005, c. 517, cl. 2.

§ 62.1-78. Chapter effective in due course, upon signature of Governor.

This chapter shall become effective in due course provided the Governor signs the compact heretofore referred to on behalf of the Commonwealth.

(Code 1950, § 62-67.9; 1968, c. 659.)

§ 62.1-79. Appropriations.

The sums appropriated to carry out the purposes of this chapter shall be used to effect its provisions and to pay Virginia's proportionate part of the budget of the Ohio River Valley Water Sanitation Commission in accordance with Article X of the compact. No part of any such appropriation shall be available for expenditure in whole or in part unless and until the Comptroller shall be annually satisfied that each of the governmental entities having representatives on the Ohio River Valley Water Sanitation Commission has provided for the expenses thereof at least as much as is appropriated by the General Assembly of Virginia for the purposes of this chapter.

(Code 1950, § 62-67.10; 1968, c. 659.)

Chapter 6.1. Ohio River Basin Commission.

Sec.

§ 62.1-79.1. Participation by Commonwealth authorized.

The General Assembly of Virginia hereby recognizes the establishment of the Ohio River Basin Commission, declares that its purpose is within the best interests of the Commonwealth of Virginia and authorizes participation by the Commonwealth in its activities.

(1972, c. 294.)

The numbers of §§ 62.1-79.1 and 62.1-79.2 were assigned by the Virginia Code Commission, the 1972 act having assigned no numbers.

Michie's Jurisprudence. - For related discussion, see 20 M.J. Waters and Watercourses, § 3.

§ 62.1-79.2. Appointment, terms and expenses of member and alternate.

The Governor of Virginia shall appoint from the Commonwealth at large one citizen who shall serve as a member of the Ohio River Basin Commission and one citizen who shall serve as an alternate member of such Commission. The terms of both appointments shall be for four years and, upon expiration, their successors shall be appointed in the same manner. Members and alternate members of this Commission representing the Commonwealth of Virginia shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties.

(1972, c. 294.)

§ 62.1-79.2.

OHIO RIVER BASIN COMMISSION OF 1972

________

ACTS OF ASSEMBLY, 1972

CHAPTER 294

An Act to authorize participation in the Ohio River Basin Commission; to authorize the Governor to make certain appointments to such Commission and to fix the terms and compensation of appointees; and to appropriate funds.

[H 493]

Approved April 1, 1972

Whereas, on February thirteen, nineteen hundred seventy-one, President Richard M. Nixon issued Executive Order 11578, establishing the Ohio River Basin Commission; and

Whereas, the jurisdiction of such Commission extends to potions of the Commonwealth of Virginia and other states with lands lying within the Ohio River drainage basin; and

Whereas, Executive Order 11578 provides that one citizen of the Commonwealth of Virginia shall serve on the membership of such Commission when authorized by the Virginia General Assembly to do so; and

Whereas, Virginia has participated in and been consulted by the Commission on all matters affecting that portion of Virginia lying within the Ohio River Basin since the official formation of the Commission; now, therefore,

Be it enacted by the General Assembly of Virginia:

  1. § 1. The General Assembly of Virginia hereby recognizes the establishment of the Ohio River Basin Commission, declares that its purpose is within the best interests of the Commonwealth of Virginia and authorizes participation by the Commonwealth in its activities.
§ 2. The Governor of Virginia shall appoint from the States at large one citizen who shall serve as a member of the Ohio River Basin Commission and one citizen who shall serve as an alternate member of such Commission. The terms of both appointments shall be for four years and, upon expiration, their successors shall be appointed in the same manner. Members and alternate members of this Commission representing the Commonwealth of Virginia shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties.
§ 3. There is hereby appropriated from the General Fund of the State treasury the sum of sixteen thousand two hundred fifty dollars ($16,250) for participation in the Ohio River Basin Commission, of which six thousand two hundred fifty dollars ($6,250) shall be for participation during the fiscal years nineteen hundred seventy-one and nineteen hundred seventy-two and ten thousand dollars ($10,000) for the 1972-74 biennium.