{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/62.1-71.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/62.1-71.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/62.1-71.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/62.1-71.html"}],"law_id":375233,"edition_id":2,"section_id":375233,"structure_id":53348,"section_number":"62.1-71","catch_line":"Form and terms of compact","history":"Code 1950, \u00a7 62-67.2; 1968, c. 659.","full_text":"Whereas, a substantial part of the territory of each of the signatory states is situated within the drainage basin of the Ohio River;\n\nWhereas, 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\n\nWhereas, 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;\n\nNow, therefore, the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Virginia, do hereby covenant and agree as follows:\n\nArticle I.\n\nEach 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.\n\nArticle II.\n\nThe 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.\n\nArticle III.\n\nThe 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.\n\nArticle IV.\n\nThe 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.\n\nArticle V.\n\nThe 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.\n\nThe 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.\n\nThe 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.\n\nOn 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.\n\nThe 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.\n\nArticle VI.\n\nIt 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.\n\nAll 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.\n\nAll 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.\n\nAll 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.\n\nThe Commission is hereby authorized to adopt, prescribe and promulgate rules, regulations and standards for administering and enforcing the provisions of this article.\n\nArticle VII.\n\nNothing 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.\n\nArticle VIII.\n\nThe 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.\n\nArticle IX.\n\nThe 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.\n\nIt 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.\n\nArticle X.\n\nThe 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.\n\nArticle XI.\n\nThis 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.\n\n","order_by":null,"text":{"0":{"id":1400772,"text":"Whereas, a substantial part of the territory of each of the signatory states is situated within the drainage basin of the Ohio River;","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1400773,"text":"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","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1400774,"text":"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;","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1400775,"text":"Now, therefore, the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Virginia, do hereby covenant and agree as follows:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"4":{"id":1400776,"text":"Article I.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"5":{"id":1400777,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"6":{"id":1400778,"text":"Article II.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"7":{"id":1400779,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"8":{"id":1400780,"text":"Article III.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"9":{"id":1400781,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"10":{"id":1400782,"text":"Article IV.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"11":{"id":1400783,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"12":{"id":1400784,"text":"Article V.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"13":{"id":1400785,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"14":{"id":1400786,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"15":{"id":1400787,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"16":{"id":1400788,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"17":{"id":1400789,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"18":{"id":1400790,"text":"Article VI.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"19":{"id":1400791,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"20":{"id":1400792,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"21":{"id":1400793,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"22":{"id":1400794,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"23":{"id":1400795,"text":"The Commission is hereby authorized to adopt, prescribe and promulgate rules, regulations and standards for administering and enforcing the provisions of this article.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"24":{"id":1400796,"text":"Article VII.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"25":{"id":1400797,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"26":{"id":1400798,"text":"Article VIII.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"27":{"id":1400799,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"28":{"id":1400800,"text":"Article IX.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"29":{"id":1400801,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"30":{"id":1400802,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"31":{"id":1400803,"text":"Article X.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"32":{"id":1400804,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"33":{"id":1400805,"text":"Article XI.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"34":{"id":1400806,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":53348,"edition_id":2,"name":"Ohio River Valley Water Sanitation Commission","identifier":"6","label":"chapter","depth":2,"order_by":20,"parent_id":53275,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 03:15:21","date_modified":"2026-08-02 12:36:51","permalink":{"id":1497399,"object_type":"structure","relational_id":53348,"identifier":"6","token":"62.1\/6","url":"\/62.1\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53275,"edition_id":2,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":132,"parent_id":null,"metadata":{"child_laws":578,"child_structures":74},"date_created":"2026-08-02 03:14:05","date_modified":"2026-08-02 12:36:41","permalink":{"id":1495201,"object_type":"structure","relational_id":53275,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":375232,"structure_id":53348,"section_number":"62.1-70","catch_line":"Governor to execute Ohio River Valley Water Sanitation Compact","url":"\/62.1-70\/","token":"62.1\/6\/62.1-70","metadata":false},{"id":375233,"structure_id":53348,"section_number":"62.1-71","catch_line":"Form and terms of compact","url":"\/62.1-71\/","token":"62.1\/6\/62.1-71","metadata":false},{"id":375234,"structure_id":53348,"section_number":"62.1-72","catch_line":"Effect of signing compact","url":"\/62.1-72\/","token":"62.1\/6\/62.1-72","metadata":false},{"id":375235,"structure_id":53348,"section_number":"62.1-73","catch_line":"Appointment and removal of Virginia members of Commission","url":"\/62.1-73\/","token":"62.1\/6\/62.1-73","metadata":false},{"id":375236,"structure_id":53348,"section_number":"62.1-74","catch_line":"Powers of Commission; duties of state officers, departments, etc.; jurisdiction of certain courts; enforcement","url":"\/62.1-74\/","token":"62.1\/6\/62.1-74","metadata":false},{"id":375237,"structure_id":53348,"section_number":"62.1-75","catch_line":"Powers granted Commission are supplemental","url":"\/62.1-75\/","token":"62.1\/6\/62.1-75","metadata":false},{"id":375238,"structure_id":53348,"section_number":"62.1-76","catch_line":"Expenses of members","url":"\/62.1-76\/","token":"62.1\/6\/62.1-76","metadata":false},{"id":375240,"structure_id":53348,"section_number":"62.1-77","catch_line":"Officers and employees; meetings","url":"\/62.1-77\/","token":"62.1\/6\/62.1-77","metadata":false},{"id":375239,"structure_id":53348,"section_number":"62.1-77.1","catch_line":"Repealed","url":"\/62.1-77.1\/","token":"62.1\/6\/62.1-77.1","metadata":false},{"id":375241,"structure_id":53348,"section_number":"62.1-78","catch_line":"Chapter effective in due course, upon signature of Governor","url":"\/62.1-78\/","token":"62.1\/6\/62.1-78","metadata":false},{"id":375243,"structure_id":53348,"section_number":"62.1-79","catch_line":"Appropriations","url":"\/62.1-79\/","token":"62.1\/6\/62.1-79","metadata":false}],"previous_section":{"id":375232,"structure_id":53348,"section_number":"62.1-70","catch_line":"Governor to execute Ohio River Valley Water Sanitation Compact","url":"\/62.1-70\/","token":"62.1\/6\/62.1-70","metadata":false},"next_section":{"id":375234,"structure_id":53348,"section_number":"62.1-72","catch_line":"Effect of signing compact","url":"\/62.1-72\/","token":"62.1\/6\/62.1-72","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-71\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1968, chapter 659.<\/p>","references":[{"id":375232,"section_number":"62.1-70","catch_line":"Governor to execute Ohio River Valley Water Sanitation Compact","order_by":null,"url":"\/62.1-70\/"}],"refers_to":false,"permalink":{"id":1497405,"object_type":"law","relational_id":375233,"identifier":"62.1-71","token":"62.1\/6\/62.1-71","url":"\/62.1-71\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/62.1-71\/","token":"62.1\/6\/62.1-71","dublin_core":{"Title":"Form and terms of compact","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-71","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whereas, a substantial part of the territory of each of the signatory states is situated within the drainage basin of the Ohio River;<\/p>

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<\/p>

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;<\/p>

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

Article I.<\/p>

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<\/span> to effect such object<\/span> 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.<\/p>

Article II.<\/p>

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.<\/p>

Article III.<\/p>

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.<\/p>

Article IV.<\/p>

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<\/span> of the state from which they shall be appointed, and any commissioner may be removed or suspended from office as provided by the law<\/span> 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.<\/p>

Article V.<\/p>

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.<\/p>

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<\/span> of such state for presentation to the legislature thereof.<\/p>

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.<\/p>

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.<\/p>

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.<\/p>

Article VI.<\/p>

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.<\/p>

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<\/span> 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<\/span>.<\/p>

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<\/span> 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<\/span>.<\/p>

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.<\/p>

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

Article VII.<\/p>

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<\/span>.<\/p>

Article VIII.<\/p>

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<\/span> thereto, present to the governor of the state its recommendations relating to enactments to be made by any legislature in furthering the intents<\/span> and purposes of this compact.<\/p>

Article IX.<\/p>

The Commission may from time to time after investigation and after a hearing<\/span>, issue<\/span> an order<\/span> or orders<\/span> 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<\/span> or orders<\/span> 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<\/span> to the municipality, corporation or other entity against which such order<\/span> is proposed. No such order<\/span> 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<\/span> 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.<\/p>

It shall be the duty of the municipality, corporation, person or other entity to comply with any such order<\/span> issued against it or him by the Commission, and any court<\/span> of general jurisdiction<\/span> or any United States district court<\/span> in any of the signatory states shall have the jurisdiction<\/span>, by mandamus, injunction<\/span>, specific performance or other form of remedy to enforce any such order<\/span> 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<\/span> may review the order<\/span> and affirm<\/span>, reverse<\/span> or modify the same upon any of the grounds customarily applicable in proceedings for court<\/span> review of administrative decisions. The Commission or, at its request, the Attorney General<\/span> or other law<\/span> enforcing official, shall have power to institute in such court<\/span> any action for the enforcement of such order<\/span>.<\/p>

Article X.<\/p>

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.<\/p>

Article XI.<\/p>

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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORM AND TERMS OF COMPACT (\u00a7 62.1-71)\n\nWhereas, a substantial part of the territory of each of the signatory states is\nsituated within the drainage basin of the Ohio River;\n\nWhereas, the rapid increase in the population of the various metropolitan areas\nsituated within the Ohio drainage basin and the growth in industrial activity\nwithin that area have resulted in recent years in an increasingly serious\npollution of the waters and streams within the said drainage basin, constituting\na grave menace to the health, welfare, and recreational facilities of the people\nliving in such basin, and occasioning great economic loss; and\n\nWhereas, the control of future pollution and the abatement of existing pollution\nin the waters of said basin are of prime importance to the people thereof and\ncan best be accomplished through the cooperation of the states situated therein,\nby and through a joint or common agency;\n\nNow, therefore, the states of Illinois, Indiana, Kentucky, New York, Ohio,\nPennsylvania, Tennessee and West Virginia, do hereby covenant and agree as\nfollows:\n\nArticle I.\n\nEach of the signatory states pledges to each of the other signatory states\nfaithful cooperation in the control of future pollution in and abatement of\nexisting pollution from the rivers, streams, and waters in the Ohio River Basin\nwhich flow through, into or border upon any of such signatory states, and in\norder to effect such object agrees to enact any necessary legislation to enable\neach such state to police and maintain the waters of that basin in a\nsatisfactory sanitary condition, available for safe and satisfactory use as\npublic and industrial water supplies after reasonable treatment, suitable for\nrecreational usage, capable of maintaining fish and other aquatic life, free\nfrom unsightly or malodorous nuisances due to floating solids or sludge\ndeposits, and adaptable to such other uses as may be legitimate.\n\nArticle II.\n\nThe signatory states hereby create a district to be known as the “Ohio\nRiver Valley Water Sanitation District,” hereinafter called the district,\nwhich shall embrace all territory within the signatory states, the water in\nwhich flows ultimately into the Ohio River, or its tributaries.\n\nArticle III.\n\nThe signatory states hereby create the “Ohio River Valley Water Sanitation\nCommission,” hereinafter called the Commission, which shall be a body\ncorporate, with the powers and duties set forth herein, and such additional\npowers as may be conferred upon it by subsequent action of the respective\nlegislatures of the signatory states or by act or acts of the Congress of the\nUnited States.\n\nArticle IV.\n\nThe Commission shall consist of three commissioners from each state, each of\nwhom shall be a citizen of the state from which he is appointed, and three\ncommissioners representing the United States government. The commissioners from\neach state shall be chosen in the manner and for the terms provided by the laws\nof the state from which they shall be appointed, and any commissioner may be\nremoved or suspended from office as provided by the law of the state from which\nhe shall be appointed. The Commissioners representing the United States shall be\nappointed by the President of the United States, or in such other manner as may\nbe provided by Congress. The Commissioners shall serve without compensation, but\nshall be paid their actual expenses incurred in and incident to the performance\nof their duties; but nothing herein shall prevent the appointment of an officer\nor employee of any state or of the United States government.\n\nArticle V.\n\nThe Commission shall elect from its number a chairman and vice-chairman, and\nshall appoint, and at its pleasure remove or discharge, such officers and legal,\nclerical, expert and other assistants as may be required to carry the provisions\nof this compact into effect, and shall fix and determine their duties,\nqualifications and compensation. It shall adopt a seal and suitable bylaws, and\nshall adopt and promulgate rules and regulations for its management and control.\nIt may establish and maintain one or more offices within the district for the\ntransaction of its business, and may meet at any time or place. One or more\ncommissioners from a majority of the member states shall constitute a quorum for\nthe transaction of business.\n\nThe Commission shall submit to the governor of each state, at such time as he\nmay request, a budget of its estimated expenditures, for such period as may be\nrequired by the laws of such state for presentation to the legislature thereof.\n\nThe Commission shall keep accurate books of account, showing in full its\nreceipts and disbursements, and such books of account shall be open at any\nreasonable time to the inspection of such representatives of the respective\nsignatory states as are duly constituted for that purpose.\n\nOn or before the first day of December of each year, the Commission shall submit\nto the respective governors of the signatory states a full and complete report\nof its activities for the preceding year.\n\nThe Commission shall not incur any obligations of any kind prior to the making\nof appropriations adequate to meet the same; nor shall the Commission pledge the\ncredit of any of the signatory states, except by and with the authority of the\nlegislature thereof.\n\nArticle VI.\n\nIt is recognized by the signatory states that no single standard for the\ntreatment of sewage or industrial wastes is applicable in all parts of the\ndistrict due to such variable factors as size, flow, location, character,\nself-purification, and usage of waters within the district. The guiding\nprinciple of this compact shall be that pollution by sewage or industrial wastes\noriginating within a signatory state shall not injuriously affect the various\nuses of the interstate waters as hereinbefore defined.\n\nAll sewage from municipalities or other political subdivisions, public or\nprivate institutions, or corporations, discharged or permitted to flow into\nthese portions of the Ohio River and its tributary waters which form boundaries\nbetween, or are contiguous to, two or more signatory states, or which flow from\none signatory state into another signatory state, shall be so treated, within a\ntime reasonable for the construction of the necessary works, as to provide for\nsubstantially complete removal of settleable solids and the removal of not less\nthan forty-five per centum of the total suspended solids; provided that, in\norder to protect the public health or to preserve the waters for other\nlegitimate purposes, including those specified in Article I, in specific\ninstances such higher degree of treatment shall be used as may be determined to\nbe necessary by the Commission after investigation, due notice and hearing.\n\nAll industrial wastes discharged or permitted to flow into the aforesaid waters\nshall be modified or treated, within a time reasonable for the construction of\nthe necessary works, in order to protect the public health or to preserve the\nwaters for other legitimate purposes, including those specified in Article I, to\nsuch degree as may be determined to be necessary by the Commission after\ninvestigation, due notice and hearing.\n\nAll sewage or industrial wastes discharged or permitted to flow into tributaries\nof the aforesaid waters situated wholly within one state shall be treated to\nthat extent, if any, which may be necessary to maintain such waters in a\nsanitary and satisfactory condition at least equal to the condition of the\nwaters of the interstate stream immediately above the confluence.\n\nThe Commission is hereby authorized to adopt, prescribe and promulgate rules,\nregulations and standards for administering and enforcing the provisions of this\narticle.\n\nArticle VII.\n\nNothing in this compact shall be construed to limit the powers of any signatory\nstate, or to repeal or prevent the enactment of any legislation or the\nenforcement of any requirement by any signatory state, imposing additional\nconditions and restrictions to further lessen or prevent the pollution of waters\nwithin its jurisdiction.\n\nArticle VIII.\n\nThe Commission shall conduct a survey of the territory included within the\ndistrict, shall study the pollution problems of the district, and shall make a\ncomprehensive report for the prevention or reduction of stream pollution\ntherein. In preparing such report, the Commission shall confer with any national\nor regional planning body which may be established, and any department of the\nfederal government authorized to deal with matters relating to the pollution\nproblems of the district. The Commission shall draft and recommend to the\ngovernors of the various signatory states uniform legislation dealing with the\npollution of rivers, streams and waters and other pollution problems within the\ndistrict. The Commission shall consult with and advise the various states,\ncommunities, municipalities, corporations, persons, or other entities with\nregard to particular problems connected with the pollution of waters,\nparticularly, with regard to the construction of plants for the disposal of\nsewage, industrial and other waste. The Commission shall, more than one month\nprior to any regular meeting of the legislature of any state which is a party\nthereto, present to the governor of the state its recommendations relating to\nenactments to be made by any legislature in furthering the intents and purposes\nof this compact.\n\nArticle IX.\n\nThe Commission may from time to time after investigation and after a hearing,\nissue an order or orders upon any municipality, corporation, person, or other\nentity discharging sewage or industrial waste into the Ohio River, or any other\nriver, stream or water, any part of which constitutes any part of the boundary\nline between any two or more of the signatory states, or into any stream any\npart of which flows from any portion of one signatory state through any portion\nof another signatory state. Any such order or orders may prescribe the date on\nor before which such discharge shall be wholly or partially discontinued,\nmodified or treated or otherwise disposed of. The Commission shall give\nreasonable notice of the time and place of the hearing to the municipality,\ncorporation or other entity against which such order is proposed. No such order\nshall go into effect unless and until it receives the assent of at least a\nmajority of the commissioners from each or not less than a majority of the\nsignatory states; and no such order upon a municipality, corporation, person or\nentity in any state shall go into effect unless and until it receives the assent\nof not less than a majority of the commissioners from such state.\n\nIt shall be the duty of the municipality, corporation, person or other entity to\ncomply with any such order issued against it or him by the Commission, and any\ncourt of general jurisdiction or any United States district court in any of the\nsignatory states shall have the jurisdiction, by mandamus, injunction, specific\nperformance or other form of remedy to enforce any such order against any\nmunicipality, corporation or other entity domiciled or located within such state\nor whose discharge of the waste takes place within or adjoining such state, or\nagainst any employee, department or subdivision of such municipality,\ncorporation, person or other entity; provided, that such court may review the\norder and affirm, reverse or modify the same upon any of the grounds customarily\napplicable in proceedings for court review of administrative decisions. The\nCommission or, at its request, the Attorney General or other law enforcing\nofficial, shall have power to institute in such court any action for the\nenforcement of such order.\n\nArticle X.\n\nThe signatory states agree to appropriate for the salaries, office and other\nadministrative expenses, their proper proportion of the annual budget as\ndetermined by the Commission and approved by the governors of the signatory\nstates, one half of such amount to be prorated among the several states in\nproportion of their population within the district at the last preceding federal\ncensus, the other half to be prorated in proportion to their land area within\nthe district.\n\nArticle XI.\n\nThis compact shall become effective upon ratification by the legislatures of a\nmajority of the states located within the district and upon approval by the\nCongress of the United States; and shall become effective as to any additional\nstates signing thereafter at the time of such signing.\n\nHISTORY: Code 1950, \u00a7 62-67.2; 1968, c. 659.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}