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1976/09/09 HR9153 New Hampshire Vermont Interstate Sewage Waste Disposal
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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 1165 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.