Table of Contents
AIR POLLUTION CONTROL COMPACT
Sec. 22a-166. (Formerly Sec. 19-523). Compact.
Sec. 22a-167. (Formerly Sec. 19-524). Any court of competent jurisdiction defined.
Secs. 22a-168 and 22a-169.
Sec. 22a-166. (Formerly Sec. 19-523). Compact. The Mid-Atlantic States Air
Pollution Control Compact is hereby entered into and enacted into law, subject to execution by the Governor as provided in said compact. The compact is as follows:
WHEREAS, the signatory parties recognize that they have certain serious problems
in common with respect to pollution of the atmosphere by man-made contaminants; and
WHEREAS, the nature and sources of air pollution are such that the states' efforts
can be effectively supplemented by control measures applicable to regional airsheds
which cut across state boundaries; and
WHEREAS, the signatory parties recognize that the protection and improvement of
the quality of their common atmosphere is vested with local, state and national interests,
for which they have a joint responsibility; and
WHEREAS, the signatory parties have determined to establish a federal-interstate
agency, with jurisdiction and powers adequate to cope with interstate air pollution
Now therefore, the states of New Jersey and New York and the United States of
America, and if any of them should join herein, the states of Delaware, Connecticut and
the commonwealth of Pennsylvania, respectively, hereby solemnly covenant and agree
with each other, upon the enactment of concurring legislation by the Congress of the
United States and by the respective state legislatures, having the same effect as this
compact as follows:
Sec. 1.1. Short title. This chapter shall be known and may be cited as the "Mid-Atlantic
States Air Pollution Control Compact".
SHORT TITLE, DEFINITIONS AND FINDINGS
Sec. 1.2. Definitions. For the purposes of this compact, and of any supplemental or
concurring legislation enacted pursuant thereto, except as may be otherwise required
by the context: (a) "Commission" shall mean the commission established by this compact; (b) "region" shall mean the territorial limits of the states which are or become
parties to this compact; (c) "compact" shall mean the Mid-Atlantic States Air Pollution
Compact, herein enacted; (d) "federal government" shall mean the government of the
United States of America, and any appropriate branch, department, bureau or division
thereof, as the case may be; (e) "signatory party" shall mean a state, commonwealth,
or the federal government, which has become a party to this compact by enactment of
concurring legislation; (f) "district" shall mean any area established, identified or defined by the commission in connection with the abatement or control of air pollution;
(g) "air contaminant" shall mean dust, fumes, mist, smoke, or other particulate matter,
vapor, gas, odorous substance, or any combination thereof; (h) "air pollution" shall
mean the presence in the outdoor atmosphere of one or more air contaminants in such
quantities and duration as is or tends to be injurious to human health or welfare, animal
or plant life, or property, or would unreasonably interfere with the enjoyment of life or
property; (i) "emission" shall mean a release into the outdoor atmosphere of air contaminants.
Sec. 1.3. Findings of fact. It is hereby found and declared that: (a) The tremendous
growth of population and industry has resulted in substantial increases in atmospheric
waste and air pollution over the entire region; (b) air pollution does not respect political
boundaries, and persons far removed from its sources and having no responsibility for
or control over its creation endure health hazards, discomfort and inconvenience and
experience property damage and economic loss; (c) air pollution is associated with
such important respiratory diseases as lung cancer, emphysema, chronic bronchitis and
asthma, and is a general hazard to the public health and welfare, agricultural crops,
livestock and other property; (d) it is necessary and desirable to abate existing air pollution and prevent future air pollution so as to secure and maintain air quality which is
consistent with the public health and welfare, the propagation and protection of plant
and animal life, and the protection of property and other resources of the region; (e) in
the present state of the art, there are no public facilities for collection and disposal of
atmospheric waste comparable to facilities to cope with liquid and solid waste, and the
effects of emissions differ greatly among air resource uses and users, under the various
meteorological and geographic conditions, which disregard state boundaries; (f) air pollution can best be controlled and abated at its sources, and, while such prevention, control
and abatement is the primary obligation of the states, counties or municipalities in which
it originates, the problems of interstate air pollution can be more readily and effectively
solved under a coordinated region-wide agency of the state and federal governments.
Sec. 1.4. Existing agencies; construction. It is the purpose of the signatory parties to
preserve and utilize the functions, powers and duties of existing offices and agencies
of government to the extent not inconsistent with the compact and the commission is
authorized and directed to utilize and employ such offices and agencies for the purpose
of this compact to the fullest extent it finds feasible and advantageous.
Sec. 2.1. Commission created. There is hereby created the Mid-Atlantic States Air
Pollution Control Commission as a body politic and corporate, with perpetual succession
as an agency and instrumentality of the respective signatory parties.
ORGANIZATION AND ADMINISTRATION
Sec. 2.2. Commission membership. The commission shall consist of the governors
of the signatory states, ex officio, and one commissioner to be appointed by the president
of the United States, to serve during the term of office of the president appointing him
and until the appointment and qualification of his successor.
Sec. 2.3. Alternates. Each member of the commission shall appoint an alternate to
act in his place and stead, with authority to attend all meetings of the commission, and
with power to vote in the absence of the member. Unless otherwise provided by law of
the signatory party for which he is appointed, each alternate shall serve during the term
of the member appointing him, subject to removal at the pleasure of the member. In the
event of a vacancy in the office of the alternate, it shall be filled in the same manner as
an original appointment for the unexpired term. In the event of the temporary absence or
disability of an alternate, the member of the commission may appoint another qualified
person to act as his alternate for the duration of such temporary absence or disability.
Sec. 2.4. Compensation. Members of the commission and alternates shall serve without compensation from the commission but may be reimbursed for necessary expenses
incurred in and incident to the performance of their duties.
Sec. 2.5. Voting power. Each member shall be entitled to one vote on all matters
which may come before the commission. No action of the commission shall be taken
at any meeting unless a majority of the membership shall vote in favor thereof.
Sec. 2.6. Organization; procedure. The commission shall provide for its own organization and procedure and shall adopt rules and regulations governing its meetings and
transactions. It shall organize annually by the election of a chairman and vice-chairman
from among its members. It shall provide by its rules for the appointment by each member in his discretion of an advisor to serve without compensation, who may attend all
meetings of the commission and its committees.
Sec. 2.7. Jurisdiction. The commission shall have, exercise and discharge its functions, powers and duties within the region. It may by contract or otherwise act jointly,
concurrently, or in cooperation with any other agency or instrumentality of government
within or without the region for the purpose of effectuating the purposes of this compact.
Sec. 2.8. Retained jurisdiction of signatory parties. (a) Unless authorized by laws of
the signatory states other than this compact, the commission shall not have power to
require licenses or permits for the construction, establishment, installation, maintenance
or operation of any air pollution source or other equipment, device or facility; to require
commission approval of any of the foregoing; or to confer upon the commission any
other power of licensure. (b) Nothing in this compact shall be construed to abrogate,
impair or in any way prevent the enactment or application of any state or local law,
code, ordinance, rule or regulation not inconsistent with this compact, or with any standard, rule or regulation of the commission; and any such state or local law, code, ordinance, rule or regulation may be more restrictive than any requirement in effect pursuant
to this compact. (c) Nothing in this compact shall be construed to affect any aspect of
employer-employee relations, including without limitation, statutes, rules or regulations
governing industrial health and safety.
Sec. 3.1. General powers. The commission shall: (a) Investigate the causes and sources
of air pollution, identify air contaminants, and provide for research and the compilation
and analysis of information relating thereto; (b) establish, after consultation with the
appropriate agency of the signatory parties, standards for air quality and for the control
of emissions of air contaminants to abate existing air pollution and to prevent future
air pollution, subject to the provisions of article four of this compact; (c) provide and
administer plans and programs to effectuate such air quality and emission control standards; (d) promote, sponsor and conduct technical, educational and research programs
and projects to identify and evaluate air contaminants and to develop and apply methods,
systems and procedures for the abatement and prevention of air pollution; and (e) enforce
or provide for the enforcement of the compact and rules and regulations lawfully promulgated thereunder.
POWERS AND DUTIES OF THE COMMISSION
Sec. 3.2. Auxiliary powers. In furtherance of the powers and duties elsewhere prescribed in this compact, the commission may: (a) Sue and be sued in a court of competent
jurisdiction; (b) have a seal and alter the same at pleasure; (c) acquire, hold and dispose
of real and personal property by gift, purchase, lease, license or other similar manner
for its corporate purposes and accept grants and comply with the conditions thereof; (d)
provide for the organization and administration of a commission staff and retain and
employ counsel and private consultants on a contract basis or otherwise; (e) administer
and enforce the provisions of this compact; (f) make and enforce such rules and regulations as the commission may deem necessary to effectuate the purposes of this compact
or to prevent the circumvention or evasion thereof; (g) by its members and its properly
designated officers, agents and employees, administer oaths and issue subpoenas
throughout the region to compel the attendance of witnesses and the giving of testimony
and the production of other evidence; (h) have for its members and its properly designated officers, agents and employees, full and free access, ingress and egress to and
from all property, premises and places in the region, for the purpose of making inspection
or enforcing the provisions of this compact, where there is reasonable cause to believe
there is a violation of this compact or of any rule or regulation lawfully made thereunder;
and no person shall obstruct or in any way interfere with any such member, officer,
employee or agent in the making of such inspection, or in the enforcement of the provisions of this compact or in the performance of any other power or duty under this compact; and (i) cooperate with and receive from any department, division, bureau, board,
commission, or agency of any or all of the signatory parties, or of any county or municipality thereof, such assistance and data as will enable it properly to carry out its powers
and duties hereunder, and may authorize and request any such department, division,
bureau, board, commission or agency, with the consent thereof, to execute such of its
functions and powers as the public interest may require.
Sec. 4.1. Generally. The commission shall have jurisdiction to abate existing air pollution and to prevent and control future air pollution in the region, and to this end it shall:
(a) Prepare and develop standards of air quality and emission control for the region as
required to protect the public health and welfare and prevent air pollution which would
unreasonably impair the beneficial use of the air of the region. To this end, it shall
encourage and conduct studies, investigations and research relating to air pollution and
its causes, prevention, control and abatement. (b) For the purpose of such standards, the
commission may establish and delineate districts and airsheds, seasonal requirements,
and classifications of air contaminants by type and source, for general or selective application of such standards. (c) Prior to the adoption of standards, the commission shall
hold public hearings upon due notice of the proposed standards, and all interested persons shall be given an opportunity to be heard at such hearing. After such notice and
hearing, the commission may adopt and from time to time amend and repeal standards
in the form of rules and regulations to prevent or control future air pollution and to abate
existing air pollution, and to require the installation of such measures, systems and
procedures for the abatement or prevention of air pollution as may be required to protect
the public health, safety, property rights, and general welfare. Any such rule or regulation, amendment or repeal thereof shall take effect not less than sixty days after its
adoption by the commission and filing as required by law.
AIR QUALITY AND EMISSION CONTROL STANDARDS
Sec. 4.2. Monitoring; warnings; emergencies. The commission shall: (a) Provide for
a uniform, comprehensive and integrated system for monitoring atmospheric waste in
the region, the measurement and forecasting of air pollution, and the identification of
significant meteorological, geographical, and ecological factors within the region, its
districts or airsheds; (b) establish and administer warning and alert procedures and systems with respect to impending and existing conditions of severe and immediately dangerous air pollution; (c) upon authorization by any one of the signatory states, exercise
emergency powers within those portions of the region lying within the authorizing state
to require the reduction or cessation of emissions of air contaminants, and to require
the taking or refraining from any other measure as may be necessary in the public interest
to alleviate or abate the immediate danger.
Sec. 4.3. Enforcement. (a) The commission may, after such notice and hearing as
may be required by due process of law, issue an order or orders to any person or public
or private corporation, or other entity, to cease and desist from any emissions which it
determines to be in violation of such rules and regulations as it shall have adopted for
the prevention and abatement of air pollution. Any such order or orders may prescribe
a schedule, including a reasonable time for the construction and installation of any
necessary systems, methods and procedures, on or before which the emission of air
contaminants shall be wholly or partially discontinued, modified or treated, or otherwise
required to conform to the standards established by the commission. Any court of competent jurisdiction shall have jurisdiction to enforce by injunction in a summary manner
against any person, public or private corporation, or other entity, any and all provisions
of this article or of any such order. The commission may bring an action in its own name
in any such court of competent jurisdiction to compel compliance with any provisions
of this article, or of any rule, regulation or order issued pursuant thereto, according to
the practice and procedure of the court. (b) In the case of air pollution not within an
interstate district or airshed as established by the commission, the commission shall
give priority to enforcement proceedings by other agencies of the signatory parties;
provided, however, that the provisions of this subdivision may not be asserted as a
defense in any action or proceeding brought by the commission.
Sec. 4.4. Hearings; subpoenas. (a) The commission shall establish by appropriate
regulation the procedure to be followed in the conduct of its hearings. Neither the commission nor any person designated by it to conduct a hearing shall be bound by common
law or statutory rules of evidence or by technical or formal rules of procedure in the
conduct of such hearing. (b) The commission, or such member or officer of the commission as may be designated by the commission for that purpose, shall have the power to
issue subpoenas effective throughout the region to compel the attendance of witnesses
and the giving of testimony or production of other evidence, and to administer oaths in
connection with any such hearing. It shall be the duty of the commission or of such
member or officer of the commission as it may designate to issue subpoenas at the
request of and on behalf of any party to a hearing before the commission. Subpoenas
issued by the commission shall be enforced by any court of competent jurisdiction of
the signatory parties, according to the practice and procedure of the court applicable to
subpoenas issued in proceedings pending before it.
Sec. 4.5. Penal sanction. Any person, association, or corporation who violates or
attempts or conspires to violate any provision of this compact or any rule, regulation or
order of the commission duly made, promulgated or issued pursuant to the compact, in
addition to any other remedy, penalty or consequence provided by law, shall be punishable as may be provided by statute of any of the signatory parties within which the
offense is committed; provided that in the absence of such provision any such person,
association or corporation shall be liable to a penalty of not less than fifty dollars and
not more than one thousand dollars, for each such offense to be fixed by the court, which
the commission may recover in its own name in any court of competent jurisdiction,
and in a summary proceeding where available under the practice and procedure of such
court. For the purposes of this section in the event of a continuing offense, each day of
such violation, attempt or conspiracy shall constitute a separate offense.
Sec. 4.6. Judicial review. Any order or determination of the commission under this
article shall be subject to judicial review in any court of competent jurisdiction as provided by the law of a signatory party.
Sec. 5.1. Powers of the commissioners. The commissioners, subject to the provisions
of this compact, shall: (a) Serve as the governing body of the commission, and exercise
and discharge its powers and duties except as otherwise provided by or pursuant to
this compact; (b) determine the character of and the necessity for its obligations and
expenditures and the manner in which they shall be incurred, allowed and paid subject
to any provisions of law specifically applicable to agencies or instrumentalities created
by compact; (c) provide for the internal organization and administration of the commission; (d) appoint or provide for the appointment of the principal officers of the commission and delegate to and allocate among them administrative functions, powers and
duties; (e) create and abolish such offices, employments and positions as it deems necessary for the purposes of the compact, and subject to the provisions of this article, fix
and provide for the qualification, appointment, removal, term, tenure, compensation,
pension and retirement rights of its officers and employees; (f) let and execute contracts
to carry out the powers of the commission.
PERSONNEL AND PROCEDURES GENERALLY
Sec. 5.2. Regulations; enforcement. The commission may: (a) Make and enforce
reasonable rules and regulations in the form of an air pollution code or otherwise, for
the effectuation, application and enforcement of this compact; provided that any rule
or regulation, other than one which deals solely with the internal management of the
commission, shall be adopted only after public hearing and shall not be effective unless
and until filed in accordance with the law of the respective signatory parties applicable
to administrative rules and regulations generally; provided further, that a certified copy
of any such rule or regulation, attested as true and correct by the commission, shall be
presumptive evidence of the regular making, adoption, filing and publication thereof;
and (b) designate any officer, agent or employee of the commission to be an investigator,
and such person shall be vested with the powers of a peace officer of the state in which
he is duly assigned to perform his duties.
Sec. 5.3. Confidential information. Any records or other information furnished to or
obtained by the commission in the exercise of its powers, functions and duties from any
private person, corporation or other entity which records or information, as certified by
the owner or operator, relate to production or sales figures, or to secret processes or
production, or which if made known to others would tend to affect adversely the competitive position of such owner or operator, shall be retained solely for the use of the commission and its employees, in the administration and enforcement of this compact, and for
the use of air pollution control agencies of the signatory parties in the administration
and enforcement of state or federal law, and shall not be published or disclosed for any
other purpose by any officer or employee of the commission or any other person without
the written consent of such owner or operator.
Sec. 5.4. Officers generally. (a) The officers of the commission shall consist of an
executive director and such additional officers, deputies and assistants as the commission may determine. The executive director shall be appointed and may be removed by
the affirmative vote of a majority of the full membership of the commission. All other
officers and employees shall be appointed in such manner and under such rules of procedure as the commission may determine. (b) In the appointment and promotion of officers
and employees for the commission, no political, racial, religious or residency test or
qualification shall be permitted or given consideration, but all such appointments and
promotions shall be solely on the basis of merit and fitness. Any officer or employee
of the commission who is found by the commission to be guilty of a violation of this
section shall be removed from office by the commission.
Sec. 5.5. Meetings; records. (a) All meetings of the commission shall be open to the
public. (b) The minutes of the commission shall be a public record open to inspection
and copying at its offices during regular business hours, subject to the law relating to
public records of the signatory states in which such minutes are located.
Sec. 5.6. Prohibited activities. (a) No commissioner, officer or employee shall: 1) Be
financially interested, either directly or indirectly, in any contract, sale, purchase, lease
or transfer of real or personal property to which the commission is a party; 2) solicit or
accept money or any other thing of value in addition to the compensation or expenses
paid him by the commission for services performed within the scope of his official
duties; 3) offer money or any thing of value for or in consideration of obtaining an
appointment, promotion or privilege in his employment with the commission. (b) Any
officer or employee who shall wilfully violate any of the provisions of this section shall
forfeit his office or employment. (c) Any contract or agreement knowingly made in
contravention of this section shall be void. (d) Officers and employees of the commission
shall be subject in addition to the provisions of this section to such criminal and civil
sanctions for misconduct in office as may be imposed by federal law and the law of the
signatory state in which such misconduct occurs.
Sec. 5.7. Audit. The commission shall provide for an annual independent audit of its
accounts and financial transactions by a certified public accountant, and for the publication of the report of such audit.
Sec. 5.8. Tort liability. The commission shall be responsible for claims arising out of
the negligent acts or omissions of its officers, agents and employees only to the extent
and subject to the procedures prescribed by law generally with respect to officers, agents
and employees of the government of the United States.
Sec. 6.1. Commission budget. The commission shall annually adopt a current expense
budget for each fiscal year, and shall apportion the amount required to balance the
expenditures therein, less estimated revenues from all sources, to the signatory parties in
accordance with such equitable cost-sharing formulae as the members of the commission
may adopt by unanimous vote. Following the adoption of its annual budget, the commission shall transmit certified copies of the budget to the budget officer of the respective
signatory parties at such time and in such manner as may be required under their respective budgetary procedures. The signatory parties covenant and agree to include the
amount so apportioned for the support of the commission's current expense budget in
their respective budgets next to be adopted, subject to such review and approval as may
be required by their respective budgetary processes. Such amounts shall be due and
payable to the commission in equal quarterly installments during the commission's
Sec. 6.2. Cooperation. Each signatory party pledges faithful cooperation in the control
of air pollution in the region and consistent with such object to enact (or if enacted, to
keep in force and where necessary to amend) laws which will: (a) Enable it to secure
and maintain standards of air quality at least equal to those prescribed by the commission;
(b) accomplish effectively the objectives of this compact, and enable its officers, departments, boards and agents satisfactorily to accomplish the obligations and duties assumed
by the party under the terms hereof; and (c) enable it to provide technical and administrative services to the commission upon request, within the limits of available appropriations, and to cooperate generally with the commission for the purposes of this compact,
provided that the cost of such services may be reimbursable whenever the parties deem
Sec. 6.3. Withdrawal from compact. (a) A signatory party may withdraw from this
compact by enacting a statute repealing the same, but no such withdrawal shall become
effective until two years after the chief executive of the withdrawing party has given
notice of the withdrawal to the commission and to each commissioner. (b) No withdrawal
shall affect any obligation of a signatory party or any person therein accruing prior to
the effective date of the withdrawal, nor any abatement order of the commission issued
prior to such effective date nor shall any proceeding initiated for the enforcement thereof
be invalidated or otherwise affected thereby. The jurisdiction of all appropriate courts
and agencies for the enforcement of any such order shall continue, notwithstanding the
fact that the effective date of the withdrawal may have passed.
Sec. 6.4. Amendments and supplements. Amendments and supplements to this compact to implement the purposes thereof may be adopted by legislative action of any of
the signatory parties concurred in by all of the others.
Sec. 6.5. Construction and severability. The provisions of this compact and of
agreements thereunder shall be severable and if any phrase, clause, sentence or provision
of this compact or such agreement is declared to be unconstitutional or the applicability
thereof to any signatory party, agency or person is held invalid, the constitutionality of
the remainder of such compact or such agreement and the applicability thereof to any
other signatory party, agency, person or circumstance shall not be affected thereby. It
is the legislative intent that the provisions of such compact be reasonably and liberally
Sec. 6.6. Effective date; execution. (a) This compact shall become binding and effective thirty days after the enactment of concurring legislation by the federal government
and the state of New Jersey. The compact shall be signed and sealed in six duplicate
original copies by the respective chief executives of the signatory parties. One such
copy shall be filed with each of the signatory parties in accordance with the laws of the
party in which the filing is made, and the remaining copies shall be filed and retained
in the archives of the commission upon its organization. (b) Thereafter, the compact
shall become binding and effective separately as to each of the states of Connecticut
and Delaware and the commonwealth of Pennsylvania thirty days after enactment of
concurring legislation by such states or commonwealth.
(1967, P.A. 554, S. 1.)
History: Sec. 19-523 transferred to Sec. 22a-166 in 1983.
Sec. 22a-167. (Formerly Sec. 19-524). Any court of competent jurisdiction defined. As used in section 4-6 of the compact, "any court of competent jurisdiction"
means the superior court for the judicial district of Hartford.
(1967, P.A. 554, S. 2; 1971, P.A. 870, S. 109; P.A. 76-436, S. 395, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12;
P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts
with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common
pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; Sec. 19-524 transferred to Sec. 22a-167 in 1983; P.A. 88-230 replaced "judicial district of Hartford-New
Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A.
88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from
September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230
from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Secs. 22a-168 and 22a-169. Reserved for future use.