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1976/09/09 HR9153 New Hampshire Vermont Interstate Sewage Waste Disposal
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The original documents are located in Box 54, folder "9/9/76 HR9153 New Hampshire
Vermont Interstate Sewage Waste Disposal" of the White House Records Office:
Legislation Case Files at the Gerald R. Ford Presidential Library
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
AFFROVED
89/16
THE WHITE HOUSE
ACTION
WASHINGTON
Signed
Last Day: September 10
September 7, 1976
Rosted
MEMORANDUM FOR
THE PRESIDENT
9/9/76
FROM:
JIM CANNON
SUBJECT:
H.R. 9153 - New Hampshire-Vermont
Interstate Sewage Waste Disposal
archives
9/10/76
Attached for your consideration is H.R. 9153, sponsored by
Representatives Cleveland and Jeffords.
The enrolled bill would grant congressional consent to a
compact between New Hampshire and Vermont which provides
that municipalities of the two States may enter into
agreements for joint planning, design, construction, main-
tenance and operation of sewage and waste disposal facilities.
A discussion of the provisions of the enrolled bill is
provided in OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 9153 at Tab B.
BERALD FORD LIBRARY
Digitized from Box 54 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
THE
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
EXECUTIVE
STATE
WASHINGTON, D.C. 20503
SEP 2 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 9153 - New Hampshire-
Vermont Interstate Sewage Waste Disposal
Facilities Compact
Sponsors - Rep. Cleveland (R) New Hampshire
and Rep. Jeffords (R) Vermont
Last Day for Action
September 10, 1976 - Friday
Purpose
Grants congressional consent, as required by the
Federal Water Pollution Control Act, to the New
Hampshire-Vermont Interstate Sewage Waste Disposal
Facilities Compact.
Agency Recommendations
Office of Management and Budget
Approval
Environmental Protection Agency
Approval
Discussion
The Federal Water Pollution Control Act provides that
the Administrator of the Environmental Protection
Agency (EPA) shall encourage cooperative activities
to prevent and control water pollution and encourage
interstate compacts covering these programs, but
the Act requires congressional approval of such
compacts. By entering into agreements (compacts) for
joint planning, construction, and operation of waste
treatment and disposal facilities, municipalities in
2
adjoining States are able to avoid duplication of
cost and effort and take advantage of economies of
scale.
The enrolled bill would grant congressional consent
to a compact between New Hampshire and Vermont which
provides that municipalities of the two States may
enter into agreements for joint planning, design,
construction, maintenance and operation of sewage
and waste disposal facilities. This compact was
incorporated into Vermont and New Hampshire statutes
in 1975, and accordingly, would become effective
upon enactment. H.R. 9153 would likely have no
discernible impact upon the Federal budget, but
could lower the Federal cost share (75 percent)
of sewage waste disposal projects in these two States.
Jame m. Director Trey for
Legislative Reference
Enclosure
THE WHITE HOUSE
WASHINGTON
Note: Max Friedersdorf indicated
that he would like Rep. Cleveland,
Jeffords and Sen. Stafford to be
present when the President signs
the bill but SO far nothing has been
scheduled. Bob Linder will hold
the bill until it is decided.
Judy Johnston 9/7
Bob: I think they plan to get
the Cong. in tomorrow, Sara talked
to Bill Nicholson a short time
ago this afternoon.
Judy
THE WHITE HOUSE
WASHINGTON
Bob Linder: Pls see Max's note
Judy 9/7
THE WHITE HOUSE
WASHINGTON
September 3, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.f.
SUBJECT:
HR 9513 - New Hampshire-Vermont Interstate
Sewage Waste Disposal
H.R.9153
The Office of Legislative Affairs concurs with the agencies
that the subject bill be signed. Rep. Cleveland +
Rep Seffords request to be present
with the President whin the
bill is signed for pictures, &
Attachments recommind Sm. stafford
also he invited
SERVICE R. FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
September 9, 1976
SIGNING CEREMONY HR 9153
Thursday, September 9, 1976
1:50-1:55 P.M. (5 minutes)
The Oval Office
Thru: Max Friedersdorf
From: Bob Wolthuis RKW
m.6.
I. PURPOSE
To sign HR 9153, New Hampshire-Vermont Interstate
Sewage Waste Disposal Facilities Compact.
II. BACKGROUND, PARTICIPANTS AND PRESS PLAN
A. Background:
1. Congressman Cleveland requested that Congressman
Jeffords and himself be invited to a brief bill
signing of the bill in the Oval Office.
2. Senator Stafford of Vermont has also been invited
and will attend.
B. Participants:
The President
Senator Robert Stafford
Congressman James Cleveland
Congressman James Jeffords
Max Friedersdorf (staff)
Bob Wolthuis (staff)
C. Press Plan: None White House photos only.
III. TALKING POINTS
1. Senator Stafford, Congressman Cleveland, Congressman
Jeffords, I'm very pleased to have you in the
White House today as I sign HR 9153, the Waste
Facilities Compact between New Hampshire and Vermont.
2. I know you all worked very hard to get it through
the Congress. It is very important to your respective
states and reflects a fine spirit of cooperation
between two of the greatest and most beautiful states
in union.
-2-
TALKING POINTS (Continued)
3. Finally, I have fond memories of your states
because it all began for me last Winter in
New Hampshire. All four of us are up for re-
election and I'm sure we'll all be back at our
respective desks in January 1977.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: September3
Time:
220pm
FOR ACTION: George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf comments
Jim Connor
Ken Lazarus
Ed Schmults
Rebert
FROM THE STAFF SECRETARY
DUE: Date: September 7
Time: 1100am
SUBJECT:
9153
H.R. 9513-New Hampshire-Vermont Interstate
Sewage Waste Disposal
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
L UNITED PROTECTION STATES. AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEP
THE ADMINISTRATOR
Dear Mr. Lynn:
This is in response to your request of August 27, 1976,
for the Environmental Protection Agency's views and comments
on H.R. 9153, an enrolled bill. The purpose of this legisla-
tion is to grant
"
the consent of Congress to the New
Hampshire-Vermont Interstate Sewage Waste Disposal Facilities
Compact.
"
This compact is entered into in accordance with the
provisions of section 103 (b) of the Federal Water Pollution
Control Act. Section 103 states that the consent of the
Congress is given to two or more states to negotiate and
enter into compacts for " (1) cooperative effort and mutual
assistance for the prevention and control of pollution and
the enforcement of their respective laws relating thereto,
and the establishment of such agencies
for making effec-
tive such agreements and compacts. "
The Environmental Protection Agency supports this bill
and recommends it be signed by the President.
Sincerely yours,
Acting
Russell E. Train
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D.C. 20503
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
SEP 2 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 9153 - New Hampshire-
Vermont Interstate Sewage Waste Disposal
Facilities Compact
Sponsors - Rep. Cleveland (R) New Hampshire
and Rep. Jeffords (R) Vermont
Last Day for Action
September 10, 1976 - Friday
Purpose
Grants congressional consent, as required by the
Federal Water Pollution Control Act, to the New
Hampshire-Vermont Interstate Sewage Waste Disposal
Facilities Compact.
Agency Recommendations
Office of Management and Budget
Approval
Environmental Protection Agency
Approval
Discussion
The Federal Water Pollution Control Act provides that
the Administrator of the Environmental Protection
Agency (EPA) shall encourage cooperative activities
to prevent and control water pollution and encourage
interstate compacts covering these programs, but
the Act requires congressional approval of such
compacts. By entering into agreements (compacts) for
joint planning, construction, and operation of waste
treatment and disposal facilities, municipalities in
Attached document was not scanned because it is duplicated elsewhere in the document
THE WHITE HOUSE
ACTION MEMORANDUM
WAXHINGTON
LOG NO.:
Date: September3
Time:
220pm
FOR ACTION: George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: September 7
Time: 1100am
SUBJECT:
H.R. 9513-New Hampshire-Vermont Interstate
Sewage Waste Disposal
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
Recommend approval
PLEASE ATTACH THIS COPY TO NATERIAL SUBMITTED.
If you have any questions or it you anticipate a
delay in enbruding the required material, please
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: September 3
Time:
220pm
FOR ACTION: George Humphreys
CC (for information): Jack Marsh
Max Friedersdorf
Jim Connor
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: September 7
Time: 1100am
SUBJECT:
H.R. 9513-New Hampshire-Vermont Interstate
Sewage Waste Disposal
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
No objection -- Ken Lazarus 9/7/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED
If you have any questions or if you anticipate a
delay in submitting the required material, please
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1117
NEW HAMPSHIRE-VERMONT INTERSTATE SEWAGE
WASTE DISPOSAL FACILITIES COMPACT
MAY 11, 1976.-Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. FLOWERS, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 9153]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 9153) Granting the consent of Congress to the New Hampshire-
Vermont Interstate Sewage Waste Disposal Facilities Compact, hav-
ing considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE
The proposed legislation would grant Congressional consent to the
New Hampshire-Vermont Interstate Sewage Disposal Facilities Com-
pact. This compact was entered into under section 103 (b) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1154). That section pro-
vides that the Administrator of the EPA shall encourage cooperative
activities to prevent and control water pollution and encourage com-
pacts. Subsection (b) gives consent to negotiation of such compacts
but requires Congressional approval.
The compact provides that municipalities in the two states may enter
into agreements for joint treatment facilities and for joint operation of
such sewage and waste disposal facilities.
STATEMENT
In a report to the committee on the bill, the United States Environ-
mental Protection Agency stated that it supports H.R. 9153 and
recommends is enactment.
The bill states that the consent of Congress is given to the New
Hampshire-Vermont Interstate Sewage Waste Disposal Facilities
Compact and further states that the compact was entered into in ac-
cordance with section 103 (b) of the Federal Water Pollution Control
Act.
57-006
2
3
The balance of the bill contains the provisions of the compact as
with existing statutory procedures for the adoption of intergovern-
entered into by both states. The compact was passed by the New
mental agreements between municipalities within each state.
Hampshire General Court (Chapter 424, Laws of 1975) with an effec-
To the extent such authority exists under state law, the compact au-
tive date of August 15, 1975. The Vermont General Assembly passed
thorizes and requires the water pollution agency of each state to review
the compact (10 V.S.A. chapter 46) which was approved April 30,
and approve or disapprove all reports, designs, plans and other engi-
1975.
neering documents required to apply for federal grants in aid or
Article I of the compact contains general provisions and a state-
grants in aid from either state, and to supervise and regulate the plan-
ment of policy in which it is recognized that in certain cases munici-
ning, design, construction maintenance and operation of any proposed
palities in New Hampshire and Vermont may avoid duplication of cost
sewage and waste disposal facility.
and effort and take advantage of economies of scale by entering into
Applications for federal grants in aid for the planning, design and
agreements for joint sewage and waste disposal facilities. It is further
construction of sewage and waste disposal facilities other than sewers
stated that the two states of New Hampshire and Vermont recognize
are to be made jointly by the agreeing municipalities, with the amount
the value of and need for such agreements, and for those reasons adopt
of the grant attributable to each state's allotment to be based upon the
the compact to authorize their establishment.
relative total capacity reserves allocated to the municipalities in the
The compact is made effective when approved by the United States
respective states determined jointly by the respective state water
Congress.
pollution agencies. Each municipality is to be responsible for apply-
Article I also defines the terms contained in the compact. "Sewage
ing for federal grants for sewers to be located within the municipal
and waste disposal facilities" as used therein means publicly-owned
boundaries.
sewers, interceptor sewers, sewerage facilities, sewage treatment facili-
Under the compact, municipalities are authorized to raise and ap-
ties and ancillary facilities whether qualifying for grants in aid under
propriate revenue for the purpose of contributing pro rata to the plan-
title II of the Federal Water Pollution Control Act, as amended, or
ning, design and construction cost of sewage and waste disposal fa-
not.
cilities constructed and operated as joint facilities pursuant to the
"Municipalities" means cities, towns, village districts or other in-
corporated units of local government possessing authority to construct,
compact. Agreements entered into pursuant to this compact must contain the
maintain and operate sewage and waste disposal facilities and to raise
following: (1) a uniform system of charges for industrial users of
revenue therefor by bonding and taxation, which may legally impose
the joint sewage and waste disposal facilities; (2) a uniform set of
and collect user charges and impose and enforce pretreatment condi-
pretreatment standards for industrial users of the facilities; (3) a
tions upon users of sewage and waste disposal facilities.
provision for the pro rata sharing of operating and maintenance
"Water pollution agency" means the agencies within New Hamp-
costs based upon the ratio of actual flows to the plant as measured by
shire and Vermont possessing regulating authority over the construc-
devices installed to gauge such flows with reasonable accuracy; (4) a
tion, maintenance and operation of sewage and waste disposal facil-
provision establishing a procedure for the arbitration and resolution
ities and the administration of grants in aid from their respective state
of disputes; (5) a provision establishing a procedure for the carriage
and under Federal Water Pollution Act, as amended, for the construc-
of liability insurance, if such insurance is necessary under the laws
tion of such facilities.
of either state; (6) a provision establishing a procedure for the modi-
"Governing body" means the legislative body of the municipality,
fication of the agreement; (7) a provision establishing a procedure for
including in the case of a town, the town meeting, and in the case of a
the adoption of regulations for the use, operation and maintenance of
city, the city counsel, or the board of mayor and aldermen or any simi-
the joint facilities; and (8) a provision setting forth the means by
lar body in any community not inconsistent with the intent of this
which the municipality that does not own the point sewage and waste
definition.
disposal facility will pay the other municipality its share of the main-
Article II of the compact outlines the procedures and conditions gov-
tenance and operating costs of said facility.
erning intergovernmental agreements. Cooperative agreements are
It is expressly provided in the compact that none of its provisions
authorized for any two or more municipalities of which one or more
are to be construed to authorize the establishment of interstate dis-
is located in New Hampshire and one or more is located in Vermont.
tricts, authorities, or any other new governmental or quasi-govern-
Such cooperative agreements may be for the construction, maintenance
mental entity.
and operation of a single sewage and waste disposal facility serving
The compact will become effective when it is enacted into law by
all the municipalities which are parties to the agreement.
the states of New Hampshire and Vermont and approved by the
Prior to becoming effective, agreements must be approved by the
United States Congress.
water pollution agency of each state, and must be in a form established
Section two of the bill H.R. 9153 expressly preserves the right to
jointly by such agencies. Agreements under the compact are to be
alter, amend, or repeal the provisions of the bill as enacted into law.
adopted by the governing body of each municipality in accordance
The committee finds that this compact merits favorable action and
recommends the the bill be considered favorably.
H.R. 1117
H.R. 1117
4
5
STATEMENTS UNDER CLAUSE (1) (2) (B), CLAUSE 2(1) (3) AND
OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE ON
CLAUSE 2(1) (4) OF RULE XI AND CLAUSE 7(a) (1) OF RULE XIII
GOVERNMENT OPERATIONS
OF THE HOUSE OF REPRESENTATIVES
(Rule XI 2 (1) (3) (D))
COMMITTEE VOTE
No findings or recommendations of the Committee on Government
(Rule XI 2 (1) (2) (B))
Operations were received as referred to in subdivision (D) of clause
2(1) (3) of House Rule XI.
On May 4, 1976, the Full Committee on the Judiciary approved the
bill H.R. 9153 by voice vote.
INFLATIONARY IMPACT
COST
(Rule XI 2(1) (3))
(Rule XIII (7) (a) (1))
In compliance with clause 2 (1) (4) of House Rule XI it is stated
The bill merely approves an interstate compact, and its enactment
that this legislation will have no inflationary impact on prices and
would result in no added cost. It does not provide for any new spe-
costs in the operation of the national economy.
cific programs. One of the purposes stated in the compact is to enable
[The report of the Environmental Protection Agency is as follows:]
municipalities to avoid duplication of cost and effort and to take ad-
vantage of economics of scale incident to the use of joint sewage and
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,
by other provisions of law.
waste facilities. Any federal contributions or grants will be governed
Washington, D.C., December 10, 1975.
Hon. PETER W. RODINO, Jr.,
Chairman, Committee on the Judiciary, IIouse of Representatives,
OVERSIGHT STATEMENT
Washington, D.C.
(Rule XI 2(1) (3) (A))
DEAR MR. CHAIRMMAN This is in response to your request of
August 18, 1975, for the Environmental Protection Agency's views
The Subcommittee on Administrative Law and Governmental Re-
and comments on H.R. 9153. The purpose of this legislation is to grant
lations of this committee exercises the committee's oversight responsi-
"
the consent of Congress to the New Hampshire-Vermont Inter-
bility with reference ot interstate compacts in accordance with Rule
state Sewage Waste Disposal Facilities Compact."
VI(b) of the Rules of the Committee on the Judiciary. The favorable
This compact is entered into in accordance with the provisions of
consideration of this bill was recommended by that subcommittee and
section 103 (b) of the Federal Water Pollution Control Act. Sec-
the committee has determined that legislation should be enacted as
tion 103 states that the consent of the Congress is given to two or more
set forth in this bill.
States to negotiate and enter into compacts for "(1) cooperative effort
BUDGET STATEMENT
and mutual assistance for the prevention and control of pollution and
the enforcement of their respective laws relating thereto, and the es-
(Rule XI 2(1) (3) (B))
tablishment of such agencies
for making effective such agreements
As has been indicated in the committee statement as to cost made
and compacts."
The Environmental Protection Agency supports H.R. 9153 and
pursuant to Rule XIII (7) (a) (1), the bill merely provides for the
recommends its enactment.
approval of an interstate compact. The bill does not involve new budget
The Office of Management and Budget has advised us that there is
authority nor does it require new or increased tax expenditures as
no objection to the presentation of this report from the standpoint of
contemplated by Clause 2(1) (3) (B) of Rule XI.
the Administration's program.
Sincerely yours,
ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE
RUSSELL E. TRAIN,
Administrator.
(Rule XI 2(1) (3) (C))
No estimate or comparison was received from the Director of the
STATE OF VERMONT,
Congressional Budget Office.
Montpelier, Vt., March 12, 1976.
Attention: Honorable Peter W. Rodino, Chairman.
HOUSE COMMITTEE ON THE JUDICIARY,
Rayburn Building,
Washington, D.C.
DEAR MR. RODINO: This is to alert you to Vermont's complete and
wholehearted endorsement of the "New Hampshire-Vermont Inter-
H.R. 1117
H.R. 1117
6
state Sewage and Waste Disposal Facilities Compact" (H.R. 9153)
grants in aid under Title II of the Federal Water Pollution Control
now pending before your committee. The compact was incorporated
Act, as amended, or not.
into Vermont statutes in 1975 in order to permit and promote the con-
2. "Municipalities" shall mean cities, towns, village districts or other
struction of sewerage systems serving adjoining Vermont and New
incorporated units of local government possessing authority to con-
Hampshire communities in the most economical manner. Adoption
struct, maintain and operate sewage and waste disposal facilities and to
of this important legislation by Congress will aid in abating pollution
raise revenue therefor by bonding and taxation, which may legally im-
to the upper reaches of the Connecticut River with concommitant ben-
pose and collect user charges and impose and enforce pretreatment con-
efits being realized by four New England States.
ditions upon users of sewage and waste disposal facilities.
I would like to urge early and favorable action by the committee
3. "Water pollution agency" shall mean the agencies within New
and Congress SO Vermont's pollution control program can continue to
Hampshire and Vermont possessing regulating authority over the con-
move forward in this critical area.
struction, maintenance and operation of sewage and waste disposal fa-
Sincerely,
cilities and the administration of grants in aid from their respective
THOMAS P. SALMON.
state and under the Federal Water Pollution Act, as amended, for the
construction of such facilities.
The New Hampshire legislation is reproduced below.
4. "Governing body" shall mean the legislative body of the munici-
pality, including in the case of a town, the town meeting, and in the
CHAPTER 424 HB 758-STATE OF NEW HAMPSHIRE
case of a city, the city council, or the board of mayor and aldermen or
any similar body in any community not inconsistent with the intent of
In the year of Our Lord one thousand nine hundred and seventy-five
this definition.
ARTICLE II
AN ACT adopting a New Hampshire-Vermont interstage sewage and waste dis-
posal facilities compact.
PROCEDURES AND CONDITIONS GOVERNING INTERGOVERNMENTAL
Be it Enacted by the Senate and House of Representatives in Gen-
AGREEMENTS
eral Court convened:
424: 1 Interstate Compact. Amend RSA by inserting after chapter
A. Cooperative agreements authorized.-Any two or more munici-
252-A the following new chapter:
palities or more located in New Hampshire and one or more located in
Vermont, may enter into cooperative agreements for the construction,
CHAPTER 252-B
maintenance and operation of a single sewage and waste disposal facil-
ity serving all the municipalities who are parties thereto.
NEW HAMPSHIRE-VERMONT INTERSTATE SEWAGE AND WASTE DISPOSAL
B. Approval of agreements.-Any agreement entered into under this
FACILITIES COMPACT
compact shall, prior to becoming effective, be approved by the water
pollution agency of each state, and shall be in a form established
252-B Compact. The state of New Hampshire enters into the fol-
jointly by said agencies of both states.
lowing compact with the state of Vermont subject to the terms and
C. Method of adopting agreements.-Agreements hereunder shall be
conditions therein stated:
adopted by the governing body of each municipality in accordance
ARTICLE I
with existing statutory procedures for the adoption of intergovern-
mental agreements between municipalities within each state.
GENERAL PROVISIONS
D. Review and approval of plans.-The water pollution agency of
the state in which any part of a sewage and waste disposal facility
A. Statement of policy.-It is recognized that in certain cases mu-
which is proposed under an agreement pursuant to this compact is pro-
nicipalities in New Hampshire and Vermont may, in order to avoid
posed to be or is located is hereby authorized and required, to the extent
duplication of cost and effort, and in order to take advantage of econ-
such authority exists under its state law, to review and approve or dis-
omies of scale, find it necessary or advisable to enter into agreements
approve all reports, designs, plans and other engineering documents
whereby joint sewage and waste disposal facilities are erected and
required to apply for federal grants in aid or grants in aid from said
maintained. The states of New Hampshire and Vermont recognize the
agency's state, and to supervise and regulate the planning, design, con-
value of and need for such agreements, and adopt this compact in
struction, maintenance and operation of said part of the facility.
order to authorize their establishment.
E. Federal grants and financing.-1. Application for federal grants
B. Requirement of congressional approval.-This compact shall not
in aid for the planning, design and construction of sewage and waste
become effective until approved by the United States Congress.
disposal facilties other than sewers shall be made jointly by the agree-
C. Definitions.-1. "Sewage and waste disposal facilities" shall mean
ing municipalities, with the amount of the grant attributable to each
publicly-owned sewers, interceptor sewers. sewerage facilities. sewage
state's allotment to be based upon the relative total capacity reserves
treatment facilities and ancillary facilities whether qualifying for
allocated to the municipalities in the respective states determined
H.R. 1117
H.R. 1117
8
9
jointly by the respective state water pollution agencies. Each munici-
Chapter 46. New Hampshire-Vermont Interstate Sewage and Waste
pality shall be responsible for applying for federal grants for sewers
Disposal Facilities Compact
to be located within the municipal boundaries.
§ 1201. Compact
2. Municipalities are hereby authorized to raise and appropriate
The state of Vermont enters into the following compact with the
revenue for the purpose of contributing pro rata to the planning, de-
state of New Hampshire subject to the terms and conditions therein
sign and construction cost of sewage and waste disposal facilities con-
stated.
structed and operated as joint facilities pursuant to this compact.
ARTICLE I
F. Contents of agreements.-Agreements entered into pursuant to
§ 1202. General provisions
this compact shall contain the following:
1. A uniform system of charges for industrial users of the joint
A. Statement of policy
sewage and waste disposal facilities.
It is recognized that in certain cases municipalities in New Hamp-
2. A uniform set of pretreatment standards for industrial users of
shire and Vermont may, in order to avoid duplication of cost and
the joint sewage and waste disposal facilities.
effort, and in order to take advantage of economies of scale, find it
3. A provision for the pro rata sharing of operating and mainte-
necessary or advisable to enter into agreements whereby joint sewage
nance costs based upon a ratio of actual flows to the plant as measured
and waste disposal facilities are erected and maintained. The states of
by devices installed to gauge such flows with reasonable accuracy.
New Hampshire and Vermont recognize the value of and need for
4. A provision establishing a procedure for the arbitration and
such agreements, and adopt this compact in order to authorize their
resolution of disputes.
establishment.
5. A provision establishing a procedure for the carriage of liability
B. Requirement of congressional approval
insurance, if such insurance is necessary under the laws of either
This compact shall not become effective until approved by the United
state.
States Congress.
6. A provision establishing a procedure for the modification of the
agreement.
C. Definitions
7. A provision establishing a procedure for the adoption of regula-
1. "Sewage and waste disposal facilities" shall mean publicly-owned
tions for the use, operation and maintenance of the joint facilities.
sewers, interceptor sewers, sewerage facilities, sewage treatment facil-
8. A provision setting forth the means by which the municipality
ities and ancillary facilities whether qualifying for grants in aid under
that does not own the joint sewage and waste disposal facility will pay
Title II of the Federal Water Pollution Control Act, as amended, or
the other municipality its share of the maintenance and operating costs
not.
of said facility.
2. "Municipalities" shall mean cities, towns, village districts or other
G. Nothing in this compact shall be construed to authorize the estab-
incorporated units of local government possessing authority to con-
lishment of interstate districts, authorities, or any other new govern-
struct, maintain and operate sewage and waste disposal facilities and
mental or quasi-governmental entity.
to raise revenue therefor by bonding and taxation, which may legally
impose and collect user charges and impose and enforce pretreatment
ARTICLE III
conditions upon users of sewage and waste disposal facilities.
3. "Water pollution agency" shall mean the agencies within New
EFFECTIVE DATE
Hampshire and Vermont possessing regulating authority over the
construction, maintenance and operation of sewage and waste dis-
This compact shall become effective when a bill of the Vermont
posal facilities and the administration of grants in aid from their
general assembly which incorporates the compact becomes a law in
respective state and under the Federal Water Pollution Act, as
Vermont and when it is approved by the United States Congress.
amended, for the construction of such facilities
424 Effective date. This act shall take effect sixty days after its
4. "Governing body" shall mean the legislative body of the
passage. Approved June 16, 1975. Effective date August 15, 1975.
municipality, including in the case of a town, the town meeting, and
The Vermont legislation is reproduced below.
in the case of a city, the city council, or the board of mayor and alder-
men or any similar body in any community not inconsistent with the
NO. 116. AN ACT TO ADD 10 V.S.A. CHAPTER 46 RELATING
intent of this definition.
TO THE SEWAGE AND WASTE DISPOSAL INTERSTATE
ARTICLE II
COMPACT
$ 1203. Procedures and conditions governing intergovernmental agreements
(H. 420)
A. Cooperative agreements authorized
It is hereby enacted by the General Assembly of the State of
Any two or more municipalities, one or more located in New Hamp-
Vermont:
shire and one or more located in Vermont, may enter into cooperative
SEC. 1. 10 V.S.A. chapter 46 is added to read:
agreements for the construction, maintenance and operation of a sin-
H.R. 1117
H.R. 1117
10
11
gle sewage and waste disposal facility serving all the municipalities
6. A provision establishing a procedure for the modification of the
who are parties thereto.
agreement.
B. Approval of agreements
7. A provision establishing a procedure for the adoption of regula-
tions for the use, operation and maintenance of the joint facilities.
Any agreement entered into under this compact shall, prior to be-
8. A provision setting forth the means by which the municipality
coming effective, be approved by the water pollution agency of each
that does not own the joint sewage and waste disposal facility will
state, and shall be in a form established jointly by said agencies of
pay the other municipality its share of the maintenance and operating
both states.
costs of said facility.
O. Methods of adopting agreements
H. Nothing in this compact shall be construed to authorize the
Agreements hereunder shall be adopted by the governing body of
establishment of interstate districts, authorities, or any other new
each municipality in accordance with existing statutory procedures
governmental or quasi-governmental entity.
for the adoption of intergovernmental agreements between municipal-
ities within each state.
ARTICLE III
D. Review and approval of plans
§ 1204. Effective date
The water pollution agency of the state in which any part of a
A. This compact shall become effective when a bill of the New
sewage and waste disposal facility which is proposed under an agree-
Hampshire general assembly which incorporates the compact becomes
ment pursuant to this compact is proposed to be or is located is hereby
a law in New Hampshire and when it is approved by the United
authorized and required, to the extent such authority exists under its
States Congress.
state law, to review and approve or disapprove all reports, designs,
SEC. 2. This act shall take effect sixty days from passage.
plans and other engineering documents required to apply for federal
Approved: April 30, 1975.
grants in aid or grants in aid from said agency's state, and to super-
vise and regulate the planning, design, construction, maintenance and
operation of said part of the facility.
E. Federal grants and financing
1. Application for federal grants in aid for the planning, design
and construction of sewage and waste disposal facilities other than
sewers shall be made jointly by the agreeing municipalities, with the
amount of the grant attributable to each state's allotment to be based
upon the relative total capacity reserves allocated to the municipalities
in the respective states determined jointly by the respective state water
pollution agencies. Each municipality shall be responsible for apply-
ing for federal grants for sewers to be located within the municipal
boundaries.
2. Municipalities are hereby authorized to raise and appropriate
revenue for the purpose of contributing pro rata to the planning,
design and construction cost of sewage and waste disposal facilities
constructed and operated as joint facilities pursuant to this compact.
F. Contents of agreements
greements entered into pursuant to this compact shall contain the
following:
1. A uniform system of charges for industrial users of the joint
sewage and waste disposal facilities.
2. A uniform set of pretreatment standards for industrial users of
the joint sewage and waste disposal facilities.
3. A provision for the pro rata sharing of operating and mainte-
nance costs based upon the ratio of actual flows to the plant as meas-
ured by devices installed to gauge such flows with reasonably accuracy.
4. A provision establishing a procedure for the arbitration and
resolution of disputes.
5. A provision establishing a procedure for the carriage of liability
insurance, if such insurance is necessary under the laws of either
state.
H.R. 1117
H.R. 1117
Calendar No. 1098
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1165
NEW HAMPSHIRE-VERMONT INTERSTATE SEWAGE
WASTE DISPOSAL FACILITIES COMPACT
AUGUST 25, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 9153]
The Committee on the Judiciary, to which was referred the bill
(H.R. 9153), granting the consent of Congress to the New Hampshire-
Vermont Interstate Sewage Waste Disposal Facilities Compact, hav-
ing considered the same, reports favorably thereon, without amend-
ment, and recommends that the bill do pass.
PURPOSE
The proposed legislation would grant Congressional consent to the
New Hampshire-Vermont Interstate Sewage Disposal Facilities Com-
pact. This compact was entered into under section 103 (b) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1154). That section pro-
vides that the Administrator of the EPA shall encourage cooperative
activities to prevent and control water pollution and encourage com-
pacts. Subsection (b) gives consent to negotiation of such compacts
but requires Congressional approval.
The compact provides that municipalities in the two states may
enter into agreements for joint treatment facilities and for joint
operation of such sewage and waste disposal facilities.
STATEMENT
The Committee on the Judiciary of the United States Senate has
received a letter from the Senators of New Hampshire and Vermont
in support of this legislation. The facts of the case are presented in
House Report 94-1117 as follows:
In a report to the committee on the bill, the United States Environ-
mental Protection Agency stated that it supports H.R. 9153 and
recommends its enactment.
57-010
2
3
The bill states that the consent of Congress is given to the New
Prior to becoming effective, agreements must be approved by the
Hampshire-Vermont Interstate Sewage Waste Disposal Facilities
water pollution agency of each state, and must be in a form established
Compact and further states that the compact was entered into in ac-
jointly by such agencies. Agreements under the compact are to be
cordance with section 103 (b) of the Federal Water Pollution Control
adopted by the governing body of each municipality in accordance
Act.
with existing statutory procedures for the adoption of intergovern-
The balance of the bill contains the provisions of the compact as
mental agreements between municipalities within each state.
entered into by both states. The compact was passed by the New
To the extent such authority exists under state law, the compact au-
Hampshire General Court (Chapter 424, Laws of 1975) with an effec-
thorizes and requires the water pollution agency of each state to review
tive date of August 15, 1975. The Vermont General Assembly passed
and approve or disapprove all reports, designs, plans and other engi-
the compact (10 V.S.A. chapter 46) which was approved April 30,
neering documents required to apply for federal grants in aid or
1975.
grants in aid from either state, and to supervise and regulate the plan-
Article I of the compact contains general provisions and a state-
ning, design, construction maintenance and operation of any proposed
ment of policy in which it is recognized that in certain cases munici-
sewage and waste disposal facility.
palities in New Hampshire and Vermont may avoid duplication of cost
Applications for federal grants in aid for the planning, design and
and effort and take advantage of economies of scale by entering into
construction of sewage and waste disposal facilities other than sewers
agreements for joint sewage and waste disposal facilities. It is further
are to be made jointly by the agreeing municipalities, with the amount
stated that the two states of New Hampshire and Vermont recognize
of the grant attributable to each state's allotment to be based upon the
the value of and need for such agreements, and for those reasons adopt
relative total capacity reserves allocated to the municipalities in the
the compact to authorize their establishment.
respective states determined jointly by the respective state water
The compact is made effective when approved by the United States
pollution agencies. Each municipality is to be responsible for apply-
Congress.
ing for federal grants for sewers to be located within the municipal
Article I also defines the terms contained in the compact. "Sewage
boundaries.
and waste disposal facilities" as used therein means publicly-owned
Under the compact, municipalities are authorized to raise and ap-
sewers, interceptor sewers, sewerage facilities, sewage treatment facili-
propriate revenue for the purpose of contributing pro rata to the
ties and ancillary facilities whether qualifying for grants in aid under
planning, design and construction cost of sewage and waste disposal
title II of the Federal Water Pollution Control Act, as amended, or
facilities constructed and operated as joint facilities pursuant to the
not.
compact.
"Municipalities" means cities, towns, village districts or other in-
Agreements entered into pursuant to this compact must contain the
corporated units of local government possessing authority to construct,
following: (1) a uniform system of charges for industrial users of
maintain and operate sewage and waste disposal facilities and to raise
the joint sewage and waste disposal facilities; (2) a uniform set of
revenue therefor by bonding and taxation, which may legally impose
pretreatment standards for industrial users of the facilities; (3) a
and collect user charges and impose and enforce pretreatment condi-
provision for the pro rata sharing of operating and maintenance
tions upon users of sewage and waste disposal facilities.
costs based upon the ratio of actual flows to the plant as measured by
"Water pollution agency" means the agencies within New Hamp-
devices installed to guage such flows with reasonable accuracy; (4) a
shire and Vermont possessing regulating authority over the construc-
provision establishing a procedure for the arbitration and resolution
tion, maintenance and operation of sewage and waste disposal facil-
of disputes; (5) a provision establishing a procedure for the carriage
ities and the administration of grants in aid from their respective state
of liability insurance, if such insurance is necessary under the laws
and under Federal Water Pollution Act, as amended, for the construc-
of either state; (6) a provision establishing a procedure for the modi-
tion of such facilities.
fication of the agreement; (7) a provision establishing a procedure for
"Governing body" means the legislative body of the municipality,
the adoption of regulations for the use, operation and maintenance of
including in the case of a town, the town meeting, and in the case of a
the joint facilities; and (8) a provision setting forth the means by
city, the city counsel, or the board of mayor and aldermen or any simi-
which the municipality that does not own the point sewage and waste
lar body in any community not inconsistent with the intent of this
disposal facility will pay the other municipality its share of the main-
definition.
tenance and operating costs of said facility.
Article II of the compact outlines the procedures and conditions gov-
It is expressly provided in the compact that none of its provisions
erning intergovernmental agreements. Cooperative agreements are
are to be construed to authorize the establishment of interstate dis-
authorized for any two or more municipalities of which one or more
tricts, authorities, or any other new governmental or quasi-govern-
is located in New Hampshire and one or more is located in Vermont.
mental entity.
Such cooperative agreements may be for the construction, maintenance
The compact will become effective when it is enacted into law by
and operation of a single sewage and waste disposal facility serving
the states of New Hampshire and Vermont and approved by the
all the municipalities which are parties to the agreement.
United States Congress.
1165
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4
5
Section two of the bill H.R. 9153 expressly preserves the right to
OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE ON
alter, amend, or repeal the provisions of the bill as enacted into law.
GOVERNMENT OPERATIONS
The committee finds that this compact merits favorable action and
recommends the bill be considered favorably.
(Rule XI 2(1) (3) (D))
STATEMENTS UNDER CLAUSE 2(1) (2) (B), CLAUSE 2(1) (3) AND
No findings or recommendations of the Committee on Government
CLAUSE 2(1) (4) OF RULE XI AND CLAUSE 7(a) (1) OF RULE XIII OF
Operations were received as referred to in subdivision (D) of clause
THE HOUSE OF REPRESENTATIVES
(1) (3) of House Rule XI.
COMMITTEE VOTE
INFLATIONARY IMPACT
(Rule XI (1) (2) (B))
(Rule XI 2(1) (3))
On May 4, 1976, the Full Committee on the Judiciary approved the
In compliance with clause 2(1) (4) of House Rule XI it is stated
bill H.R. 9153 by voice vote.
that this legislation will have no inflationary impact on prices and
COST
costs in the operation of the national economy.
[The report of the Environmental Protection Agency is as follows:
(Rule XIII (7) (a) (1))
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,
The bill merely approves an interstate compact, and its enactment
Washington, D.C., December 10, 1975.
would result in no added cost. It does not provide for any new specific
Hon. PETER W. RODINO, Jr.,
programs. One of the purposes stated in the compact is to enable
Chairman, Committee on the Judiciary, House of Representatives,
municipalities to avoid duplication of cost and effort and to take ad-
Washington, D.C.
vantage of economics of scale incident to the use of joint sewage and
DEAR MR. CHAIRMAN: This is in response to your request of
waste facilities. Any federal contributions or grants will be governed
August 18, 1975, for the Environmental Protection Agency's views
by other provisions of law.
and comments on H.R. 9153. The purpose of this legislation is to grant
"
the consent of Congress to the New Hampshire-Vermont Inter-
OVERSIGHT STATEMENT
state Sewage Waste Disposal Facilities Compact."
This compact is entered into in accordance with the provisions of
(Rule XI (1) (3) (A))
section 103 (b) of the Federal Water Pollution Control Act. Section
The Subcommittee on Administrative Law and Governmental Re-
103 states that the consent of the Congress is given to two or more
lations of this committee exercises the committee's oversight responsi-
States to negotiate and enter into compacts for "(1) cooperative effort
bility with reference to interstate compacts in accordance with Rule
and mutual assistance for the prevention and control of pollution and
VI (b) of the Rules of the Committee on the Judiciary. The favorable
the enforcement of their respective laws relating thereto, and the
establishment of such agencies
consideration of this bill was recommended by that subcommittee and
for making effective such agree-
the committee has determined that legislation should be enacted as
ments and compacts."
set forth in this bill.
The Environmental Protection Agency supports H.R. 9153 and
recommends its enactment.
BUDGET STATEMENT
The Office of Management and Budget has advised us that there is
(Rule XI 2(1) (3) (B))
no objection to the presentation of this report from the standpoint of
the Administration's program.
As has been indicated in the committee statement as to cost made
Sincerely yours,
pursuant to Rule XIII (7) (a) (1), the bill merely provides for the
RUSSELL E. TRAIN,
approval of an interstate compact. The bill does not involve new
Administrator.
budget authority nor does it require new or increased tax expenditures
as contemplated by Clause (1) (3) (B) of Rule XI.
STATE OF VERMONT,
Iontpelier, Vt., March 12, 1976.
ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE
Attention: Honorable Peter W. Rodino, Chairman.
HOUSE COMMITTEE ON THE JUDICIARY,
(Rule XI 2(1) (3) (C))
Rayburn Building,
Washington, D.C.
No estimate or comparison was received from the Director of the
Congressional Budget Office.
DEAR MR. RODINO: This is to alert you to Vermont's complete and
wholehearted endorsement of the "New Hampshire-Vermont Inter-
1165
1165
6
7
state Sewage and Waste Disposal Facilities Compact" (H.R. 9153)
grants in aid under Title II of the Federal Water Pollution Control
now pending before your committee. The compact was incorporated
Act, as amended, or not.
into Vermont statutes in 1975 in order to permit and promote the con-
2. "Municipalities" shall mean cities, towns, village districts or other
struction of sewerage systems serving adjoining Vermont and New
incorporated units of local government possessing authority to con-
Hampshire communities in the most economical manner. Adoption
struct, maintain and operate sewage and waste disposal facilities and to
of this important legislation by Congress will aid in abating pollution
raise revenue therefor by bonding and taxation, which may legally im-
to the upper reaches of the Connecticut River with concommitant ben-
pose and collect user charges and impose and enforce pretreatment
efits being realized by four New England States.
conditions upon users of sewage and waste disposal facilities.
I would like to urge early and favorable action by the committee
3. "Water pollution agency" shall mean the agencies within New
and Congress SO Vermont's pollution control program can continue to
Hampshire and Vermont possessing regulating authority over the con-
move forward in this critical area.
struction, maintenance and operation of sewage and waste disposal
Sincerely,
facilities and the administration of grants in aid from their respective
THOMAS P. SALMON.
state and under the Federal Water Pollution Act, as amended, for the
construction of such facilities.
The New Hampshire legislation is reproduced below:
4. "Governing body" shall mean the legislative body of the munici-
pality, including in the case of a town, the town meeting, and in the
CHAPTER 424 HB 758-STATE OF NEW HAMPSHIRE
case of a city, the city council, or the board of mayor and aldermen or
any similar body in any community not inconsistent with the intent of
In the year of Our Lord one thousand nine hundred and seventy-five
this definition.
ARTICLE II
AN ACT adopting a New Hampshire-Vermont interstate sewage and waste dis-
posal facilities compact.
PROCEDURES AND CONDITIONS GOVERNING INTERGOVERNMENTAL
Be it enacted by the Senate and House of Representatives in Gen-
AGREEMENTS
eral Court convened:
424: 1 Interstate Compact, Amend RSA by inserting after chapter
A. Cooperative agreements authorized.-Any two or more munici-
252-A the following new chapter:
palities or more located in New Hampshire and one or more located in
Vermont, may enter into cooperative agreements for the construction,
CHAPTER 252-B
maintenance and operation of a single sewage and waste disposal facil-
ity serving all the municipalities who are parties thereto.
NEW HAMPSHIRE-VERMONT INTERSTATE SEWAGE AND WASTE DISPOSAL
B. Approval of agreements.-Any agreement entered into under this
FACILITIES COMPACT
compact shall, prior to becoming effective, be approved by the water
252-B:1 Compact. The state of New Hampshire enters into the fol-
pollution agency of each state, and shall be in a form established
lowing compact with the state of Vermont subject to the terms and
jointly by said agencies of both states.
C. Method of adopting agreements.-Agreements hereunder shall be
conditions therein stated:
adopted by the governing body of each municipality in accordance
ARTICLE I
with existing statutory procedures for the adoption of intergovern-
mental agreements between municipalities within each State.
GENERAL PROVISIONS
D. Review and approval of plans.-The water pollution agency of
A. Statement of policy.-It is recognized that in certain cases mu-
the state in which any part of a sewage and waste disposal facility
nicipalities in New Hampshire and Vermont may, in order to avoid
which is proposed under an agreement pursuant to this compact is pro-
duplication of cost and effort, and in order to take advantage of econ-
posed to be or is located is hereby authorized and required, to the extent
omies of scale, find it necessary or advisable to enter into agreements
such authority exists under its state law, to review and approve or dis-
whereby joint sewage and waste disposal facilities are erected and
approve all reports, designs, plans and other engineering documents
maintained. The states of New Hampshire and Vermont recognize the
required to apply for federal grants in aid or grants in aid from said
value of and need for such agreements, and adopt this compact in
agency's state, and to supervise and regulate the planning, design, con-
order to authorize their establishment.
struction, maintenance and operation of said part of the facility.
B. Requirement of congressional approval.-This compact shall not
E. Federal grants and financing.-1. Application for federal grants
become effective until approved by the United States Congress.
in aid for the planning, design and construction of sewage and waste
C. Definitions.-1. "Sewage and waste disposal facilities" shall mean
disposal facilities other than sewers shall be made jointly by the agree-
publicly-owned sewers, interceptor sewers, sewerage facilities, sewage
ing municipalities, with the amount of the grant attributable to each
treatment facilities and ancillary facilities whether qualifying for
state's allotment to be based upon the relative total capacity reserves
1165
1165
8
9
allocated to the municipalities in the respective states determined
Chapter 46. New Hampshire-Vermont Interstate Sewage and Waste
jointly by the respective state water pollution agencies. Each munici-
Disposal Facilities Compact
pality shall be responsible for applying for federal grants for sewers
§ 1201. Compact
to be located within the municipal boundaries.
The state of Vermont enters into the following compact with the
2. Municipalities are hereby authorized to raise and appropriate
state of New Hampshire subject to the terms and conditions therein
revenue for the purpose of contributing pro rata to the planning, de-
stated.
sign and construction cost of sewage and waste disposal facilities con-
ARTICLE I
structed and operated as joint facilities pursuant to this compact.
F. Contents of agreements.-Agreements entered into pursuant to
§ 1202. General provisions
this compact shall contain the following:
A. Statement of policy
1. A uniform system of charges for industrial users of the joint
It is recognized that in certain cases municipalities in New Hamp-
sewage and waste disposal facilities.
shire and Vermont may, in order to avoid duplication of cost and
2. A uniform set of pretreatment standards for industrial users of
effort, and in order to take advantage of economies of scale, find it
the joint sewage and waste disposal facilities.
necessary or advisable to enter into agreements whereby joint sewage
3. A provision for the pro rata sharing of operating and mainte-
and waste disposal facilities are erected and maintained. The states of
nance costs based upon a ratio of actual flows to the plant as measured
New Hampshire and Vermont recognize the value of and need for
by devices installed to gauge such flows with reasonable accuracy.
such agreements, and adopt this compact in order to authorize their
4. A provision establishing a procedure for the arbitration and
establishment.
resolution of disputes.
5. A provision establishing a procedure for the carriage of liability
B. Requirement of congressional approval
insurance, if such insurance is necessary under the laws of either
This compact shall not become effective until approved by the
state.
United States Congress.
6. A provision establishing a procedure for the modification of the
C. Definitions
agreement.
1. "Sewage and waste disposal facilities" shall mean publicly-owned
7. A provision establishing a procedure for the adoption of regula-
sewers, interceptor sewers, sewerage facilities, sewage treatment facili-
tions for the use, operation and maintenance of the joint facilities.
ties and ancillary facilities whether qualifying for grants in aid under
8. A provision setting forth the means by which the municipality
Title II of the Federal Water Pollution Control Act, as amended, or
that does not own the joint sewage and waste disposal facility will pay
not.
the other municipality its share of the maintenance and operating costs
2. "Municipalities" shall mean cities, towns, village districts or other
of said facility.
incorporated units of local government possessing authority to con-
G. Nothing in this compact shall be construed to authorize the estab-
struct, maintain and operate sewage and waste disposal facilities and
lishment of interstate districts, authorities, or any other new govern-
to raise revenue therefor by bonding and taxation, which may legally
mental or quasi-governmental entity.
impose and collect user charges and impose and enforce pretreatment
conditions upon users of sewage and waste disposal facilities.
ARTICLE III
3. "Water pollution agency" shall mean the agencies within New
Hampshire and Vermont possessing regulating authority over the
EFFECTIVE DATE
construction, maintenance and operation of sewage and waste dis-
posal facilities and the administration of grants in aid from their
This compact shall become effective when a bill of the Vermont
respective state and under the Federal Water Pollution Act, as
general assembly which incorporates the compact becomes a law in
amended, for the construction of such facilities.
Vermont and when it is approved by the United States Congress.
4. "Governing body" shall mean the legislative body of the munic-
424 Effective date. This act shall take effect sixty days after its
ipality, including in the case of a town, the town meeting, and in the
passage. Approved June 16, 1975. Effective date August 15, 1975.
case of a city, the city council, or the board of mayor and aldermen or
The Vermont legislation is reproduced below.
any similar body in any community not inconsistent with the intent of
No. 116. An Act to add 10 V.S.A. Chapter 46 Relating to the Sewage and Waste
this definition.
Disposal Interstate Compact
ARTICLE II
(H. 420)
§ 1203. Procedures and conditions governing intergovernmental
agreements
It is hereby enacted by the General Assembly of the State of
Vermont:
A. Cooperative agreements authorized
SEC. 1. 10 V.S.A. chapter 46 is added to read
Any two or more municipalities, one or more located in New Hamp-
shire and one or more located in Vermont, may enter into cooperative
1165
1165
10
11
agreements for the construction, maintenance and operation of a sin-
4. A provision establishing a procedure for the arbitration and reso-
gle sewage and waste disposal facility serving all the municipalities
lution of disputes.
who are parties thereto.
5. A provision establishing a procedure for the carriage of liability
insurance, if such insurance is necessary under the laws of either
B. Approval of agreements
state.
Any agreement entered into under this compact shall, prior to be-
6. A provision establishing a procedure for the modification of the
coming effective, be approved by the water pollution agency of each
agreement.
state, and shall be in a form established jointly by said agencies of
7. A provision establishing a procedure for the adoption of regula-
both states.
tions for the use, operation and maintenance of the joint facilities.
C. Methods of adopting agreements
8. A provision setting forth the means by which the municipality
Agreements hereunder shall be adopted by the governing body of
that does not own the joint sewage and waste disposal facility will
each municipality in accordance with existing statutory procedures
pay the other municipality its share of maintenance and operating
for the adoption of intergovernmental agreements between municipal-
costs of said facility.
ities within each state.
H. Nothing in this compact shall be construed to authorize the
establishment of interstate districts, authorities, or any other new
D. Revise and approval of plans
governmental or quasi-governmental entity.
The water pollution agency of the state in which any part of a
sewage and waste disposal facility which is proposed under an agree-
ARTICLE III
ment pursuant to this compact is proposed to be or is located is hereby
§ 1204. Effective date
authorized and required, to the extent such authority exists under its
A. This compact shall become effective when a bill of the New
state law, to review and approve or disapprove all reports, designs,
Hampshire general assembly which incorporates the compact becomes
plans and other engineering documents required to apply for federal
a law in New Hampshire and when it is approved by the United
grants in aid or grants in aid from said agency's state, and to super-
States Congress.
vise and regulate the planning, design, construction, maintenance and
SEC. 2. This act shall take effect sixty days from passage.
operation of said part of the facility.
Approved: April 30, 1975.
E. Federal grants and financing
1. Application for federal grants in aid for the planning, design
U.S. SENATE,
and construction of sewage and waste disposal facilities other than
Washington, D.C., May 26, 1976.
sewers shall be made jointly by the agreeing municipalities, with the
Hon. JAMES O. EASTLAND,
amount of the grant attributable to each state's allotment to be based
Chairman, Committee on the Judiciary,
upon the relative total capacity reserves allocated to the municipalities
U.S. Senate, Washington, D.C.
in the respective states determined jointly by the respective state water
DEAR MR. CHAIRMAN: A year ago the State Legislatures of New
pollution agencies. Each municipality shall be responsible for apply-
Hampshire and Vermont adopted the "New Hampshire-Vermont
ing for federal grants for sewers to be located within the municipal
boundaries.
Interstate Sewage and Waste Disposal Facilities Compact", to au-
thorize the construction and maintenance of joint sewage and waste
2. Municipalities are hereby authorized to raise and appropriate
disposal facilities in order to avoid duplication, cost and effort, and
revenue for the purpose of contributing pro rata to the planning,
in order to take advantage of economies of scale. Under provisions of
design and construction cost of sewage and waste disposal facilities
constructed and operated as joint facilities pursuant to this compact.
the Federal Water Pollution Control Act, this agreement may not take
effect without the approval of Congress.
F. Contents of agreements
A bill to grant the consent of Congress to the interstate compact
Agreements entered into pursuant to this compact shall contain the
was passed without objection by the House on May 17, 1976. The
following:
Environmental Protection Agency fully approves the agreement and
1. A uniform system of charges for industrial users of the joint
recommended the enactment of the legislation. H.R. 9153 was recently
sewage and waste disposal facilities.
referred to the Committee on the Judiciary, where it presently awaits
2. A uniform set of pretreatment standards for industrial users of
consideration.
the joint sewage and waste disposal facilities.
3. A provision for the pro rata sharing of operating and mainte-
nance costs based upon the ratio of actual flows to the plant as meas-
ured by devices installed to gauge such flows with reasonably accuracy.
1165
1105
12
We strongly urge the Committee to take prompt and favorable action
on this legislation to aid New Hampshire and Vermont in abating
pollution.
Sincerely,
JOHN A. DURKIN.
ROBERT T. STAFFORD.
THOMAS J. MCINTYRE.
PATRICK J. LEAHY.
The Senate Committee on the Judiciary is in agreement with the
views of the House report and, accordingly, recommends that H.R.
9153 do pass, without an amendment.
1165
CORRECTED SHEET
H.R.9153
Minety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
Granting the consent of Congress to the New Hampshire-Vermont Interstate
Sewage Waste Disposal Facilities Compact.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the consent of
Congress is hereby given to the New Hampshire-Vermont Interstate
Sewage Waste Disposal Facilities Compact which has been entered
into in accordance with the provisions of section 103(b) of the Fed-
eral Water Pollution Control Act. The compact reads as follows:
"NEW HAMPSHIRE-VERMONT INTERSTATE SEWAGE
AND WASTE DISPOSAL FACILITIES COMPACT
"ARTICLE I
"GENERAL PROVISIONS
"A. STATEMENT OF POLICY.-It is recognized that in certain cases
municipalities in New Hampshire and Vermont may, in order to avoid
duplication of cost and effort, and in order to take advantage of
economies of scale, find it necessary or advisable to enter into agree-
ments whereby joint sewage and waste disposal facilities are erected
and maintained. The states of New Hampshire and Vermont recognize
the value of and need for such agreements, and adopt this compact
in order to authorize their establishment.
"B. REQUIREMENT OF CONGRESSIONAL APPROVAL-This compact
shall not become effective until approved by the United States
Congress.
"C. DEFINITIONS.-
"1. 'Sewage and waste disposal facilities' shall mean publicly-
owned sewers, interceptor sewers, sewerage facilities, sewage treat-
ment facilities and ancillary facilities whether qualifying for grants
in aid under title II of the Federal Water Pollution Control Act, as
amended, or not.
"2. 'Municipalities' shall mean cities, towns, village districts or other
incorporated units of local government possessing authority to con-
struct, maintain and operate sewage and waste disposal facilities and
to raise revenue therefor by bonding and taxation, which may legally
impose and collect user charges and impose and enforce pretreatment
conditions upon users of sewage and waste disposal facilities.
"3. 'Water pollution agency' shall mean the agencies within New
Hampshire and Vermont possessing regulating authority over the
construction, maintenance and operation of sewage and waste disposal
facilities and the administration of grants in aid from their respective
state and under the Federal Water Pollution Act, as amended, for the
construction of such facilities.
"4. 'Governing body' shall mean the legislative body of the munic-
ipality, including, in the case of a town, the town meeting, and, in the
case of a city, the city counsel, or the board of mayor and aldermen
or any similar body in any community not inconsistent with the intent
of this definition.
H. R. 9153-2
"ARTICLE II
"PROCEDURES AND CONDITIONS GOVERNING INTERGOVERNMENTAL
AGREEMENTS
"A. COOPERATIVE AGREEMENTS AUTHORIZED.-Any two or more
municipalities, one or more located in New Hampshire and one or
more located in Vermont, may enter into cooperative agreements for
the construction, maintenance and operation of a single sewage and
waste disposal facility serving all of the municipalities who are parties
thereto.
"B. APPROVAL OF AGREEMENTS.-Any agreement entered into under
this compact shall, prior to becoming effective, be approved by the
water pollution agency of each state, and shall be in a form established
jointly by said agencies of both states.
"C. METHOD OF ADOPTING AGREEMENT.-Agreements hereunder shall
be adopted by the governing body of each municipality in accordance
with existing statutory procedures for the adoption of intergovern-
mental agreements between municipalities within each state.
"D. REVIEW AND APPROVAL OF PLANS.-The water pollution agency
of the state in which any part of a sewage and waste disposal facility
which is proposed under an agreement pursuant to this compact is
proposed to be or is located is hereby authorized and required, to the
extent such authority exists under its state law, to review and approve
or disapprove all reports, designs, plans and other engineering docu-
ment required to apply for federal grants in aid or grants in aid from
said agency's state, and to supervise and regulate the planning, design,
construction, maintenance and operation of said part of the facility.
"E. FEDERAL GRANTS AND FINANCING.-
"1. Application for federal grants in aid for the planning, design
and construction of sewage and waste disposal facilities other than
sewers shall be made jointly by the agreeing municipalities, with the
amount of the grant attributable to each state's allotment to be based
upon the relative total capacity reserves allocated to the municipalities
in the respective states determined jointly by the respective state water
pollution agencies. Each municipality shall be responsible for applying
for federal grants for sewers to be located within the municipal
boundaries.
"2. Municipalities are hereby authorized to raise and appropriate
revenue for the purpose of contributing pro rata to the planning,
design and construction cost of sewage and waste disposal facilities
constructed and operated as joint facilities pursuant to this compact.
"F. CONTENTS OF AGREEMENTS.-Agreements entered into pursuant
to this compact shall contain the following:
"1. A uniform system of charges for industrial users of the joint
sewage and waste disposal facilities.
"2. A uniform set of pretreatment standards for industrial users of
the joint sewage and waste disposal facilities.
"3. A provision for the pro rata sharing of operating and mainte-
nance costs based upon the ratio of actual flows to the plant as meas-
ured by devices installed to guage such flows with reasonable accuracy.
"4. A provision establishing a procedure for the arbitration and
resolution of disputes.
"5. A provision establishing a procedure for the carriage of liability
insurance, if such insurance is necessary under the laws of either state.
"6. A provision establishing a procedure for the modification of
the agreement.
H. R. 9153-3
"7. A provision establishing a procedure for the adoption of regula-
tions for the use, operation and maintenance of the joint facilities.
"8. A provision setting forth the means by which the municipality
that does not own the joint sewage and waste disposal facility will pay
the other municipality its share of the maintenance and operating costs
of said facility.
"G. Nothing in this compact shall be construed to authorize the
establishment of interstate districts, authorities, or any other new
governmental or quasi-governmental entity.
"ARTICLE III
"EFFECTIVE DATE
"This compact shall become effective when a bill of the general
assembly of each of the states of New Hampshire and Vermont which
incorporates the compact becomes a law in each such state and when
it is approved by the United States Congress.".
SEC. 2. The right to alter, amend, or repeal this Act is hereby
expressly reserved.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.