order to effect such object, agrees to enact adequate legislation to enable each such State to place and maintain the waters thereof in a satisfactory sanitary condition, available for safe and satisfactory use as public and industrial water supplies after reasonable treatment, suitable for recreational usage, capable of maintaining fish and other aquatic life, free from unsightly or malodorous nuisances due to floating solids or sludge deposits, and more adaptable to such other uses as may be legitimate.


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


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


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


The Commission shall elect from its number a chairman and vicechairman, and shall appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications, and compensation. It shall adopt a seal and suitable bylaws, and shall promulgate rules and regulations for its management and control. It may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place within the signatory States. A majority of the members shall constitute a quorum for the transaction of business, but no action of the Commission shall be binding unless a majority of the members from each State shall vote in favor thereof.

The Commission shall, prior to the 31st day of December in each year, prepare a budget of estimated expenditures for the two succeeding calendar years, and shall submit to the governor of each State, at such time as he may request, a budget for such period as may be required by the laws of such State for presentation to the legislature thereof. The Commission shall determine an equitable method of dividing the expenses of the Commission between the signatory States, and shall recommend appropriations to the several States, based on such budget and method of division.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time to the inspection of such representatives of the respective signatory States as may be appointed for that purpose by the governors or auditors thereof.

On or before the 30th day of June of each year, the Commission shall submit to the respective governors of the signatory States a full and complete report of its activities for the preceding year.

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


It is recognized by the signatory States that due to such variable factors as size, flow, location, character, self-purification, and usage of waters within the district, no single standard of sewage and wastes treatment is practicable in all parts of the district. The primary intent of this compact is to bring about such treatment of sewage and wastes tributary to the waters of the district as will assure that pollution originating within one signatory State shall not unreasonably affect the various reasonable uses of natural flowing waters in another signatory State.

In order to obtain the objectives of this compact it is agreed between the signatory States that:

1. All sewage and wastes discharged or permitted to flow into those portions of the Ohio River and its tributary waters which form boundaries between, or are contiguous to, two or more signatory States, or which flow from one signatory State to another signatory State, shall, within a time reasonable for the construction of the necessary works, have been so treated as to at least remove settleable solids; provided that, in order to protect the public health and/or to preserve the waters for other legitimate purposes, in specific instances such higher degree of treatment shall be used as may be determined to be necessary by the Commission after investigation, due notice and hearing

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


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


The Commission shall conduct a survey of the territory included within the district, shall study the pollution problems of the district, and shall make a comprehensive report and general plan for the reduction of stream pollution therein. In preparing such plan, the Commission shall confer with any national or regional planning body which may be established, and any department of the Federal Government authorized to deal with matters relating to the pollution problems of the district or the reduction of stream pollution therein. Upon the completion of such plan, amendment, or atleration thereto, the Commission shall, not less than 60 days prior to its final adoption, submit the same to the Ohio Valley Regional Planning Commission or any department of the Federal Government having jurisdiction in such matters, for its suggestions and recommendations, which shall be duly considered by the Commission upon final adoption of such plan, amendment, or alteration. The commission shall draft and recommend to the Governors of the various signatory States uniform legislation dealing with the pollution of streams and waters and other pollution problems within the district. The Commission shall consult with and advise the various States, communities, municipalities, industrial plants, and other persons with regard to particular problems connected with the pollution of waters, particularly with regard to the construction of plants for the disposal of sewage, industrial and other waste. The Commission shall, more than 1 month prior to any regular meeting of the legislature of any State which is a party thereto, present to the Governor of the State its recommendations relating to enactments to be made by any legislature in furthering the intents and purposes of this compact.


Upon completion of said general plan for reduction of stream pollution within the district, the Commission may, after an investigation and after conducting public hearings on due notice, by order prescribe the reasonable date on or before which each municipality or other entity discharging sewage into waters of the district shall provide for the discontinuance or treatment of such sewage or wastes in accordance with the provisions of this compact. Such order may prescribe that certain specific progress shall be made at certain definite times prior to the final date fixed in such order.


Each of the signatory States agrees that it will prohibit the pollution of the said waters within the district in accordance with the several articles of this compact; and that it will enact suitable and adequate legislation which will accomplish effectively the objects of this compact and which will enable its officers, departments, boards, and agents to accomplish satisfactorily the obligations and duties assumed by the State under the terms of this compact; and it is further agreed that the courts of the several States shall have jurisdiction to enforce as against any person, corporation, municipality, or other entity or any employee, department, or subdivision of the respective signatory States any and all provisions of this compact.


The signatory States agree to appropriate for the salaries, office, and other administrative expenses, their proper proportion, as determined by the Commission, of such aggregate sum as shall be recommended by the Commission, the aggregate sum to be apportioned to the signatory States not to exceed in any year.


This compact shall become effective as to those States signing it as soon as it shall have been signed by representatives of the States of Kentucky, Ohio, West Virginia, and Indiana, and shall become effective as to any additional States signing thereafter at the time of such signing.

In witness whereof, the various signatory States have executed this treaty through their respective Governors.

Mr. WARING. We had intended to have the group meet about the first of February in Louisville to consider the details of the tentative draft, and possibly to pass upon it. Of course, the Ohio River flood interfered with it, and the final meeting of the commissioners, to negotiate or take these instruments and change them as they see fit and refer it back to the respective State legislature, will have to be held at a subsequent date.

But I wanted to mention that, because that is a step which is contemplated under Mr. Vinson's bill, namely, the entering into of compacts by the States, fostered by the United States Public Health Service.

I forgot to include that the chief sanitary engineer of the United States Public Health Service and his immediate assistant met with us in the Louisville meeting and assisted us in formulating the tentative draft of compact.

I thank you.

Mr. MOSIER. I might say that the testimony of the witness we have just heard was what I had in mind for Mr. Vinson to provide some testimony here, showing the examples which might be considered in this matter. So I withdraw from Mr. Vinson any further request.

Mr. VINSON. I have ascertained that the data to which the gentleman referred is available. I think the suggestion is a good one.

Mr. MOSIER. So many claims were made here on behalf of Florida and California and Texas that I just wanted to show what was being done elsewhere, in a quiet manner.

Mr. VINSON. Well, I knew that it would be shown, and in not such a quiet manner, because the Ohio crowd has been very vocal in developing this proposition.

The CHAIRMAN. It seems to me to be important to request from the Bureau of Fisheries an estimate of the value of the fishing industry that would be affected.

Mr. VINSON. Mr. Chairman, we have a representative of the Bureau of Fisheries present. I know he is anxious to get on. But I had hoped to put on witness the gentlemen who were from out of the city. We have Mr. Higgins here, whom we will introduce before the hearing is closed.

The CHAIRMAN. His salary goes on just the same?

Mr. Vinson. Yes. We have here å gentleman who may be able to give you some information as to the research that has been done. This is Dr. Fred O'Flaherty, who is director of the Tanner's Research Laboratory of the University of Cincinnati; and as I understand it, this research laboratory is an endowed division of the University of Cincinnati by the tannery industry, and I know that we will enjoy Dr. O'Flaherty's testimony.



Dr. O'FLAHERTY. Mr. Chairman and members of the committee, you have had before you a great many angles to this proposition of stream pollution, and I should like to present it to you from the standpoint of the industry.

You may think that I am a little bit inconsistent in the stand that I take at this time, in view of the fact that at the last hearing I opposed the stream-pollution legislation. I might say, therefore, for further elucidation on the matter, that I have been delegated to come here on behalf of the tanning industry of the United States, not for my research organization, although I am a director of it, but rather to come here and speak to you for the industry, in order that you may have their views.

In the last hearing we did oppose the legislation. We did, however, at that time state the various points that we thought were so essential to concrete, sound, and logical legislation. We therefore are not changing our position one bit; but we are saying, very briefly, that we feel that the present legislation, in the form of House bill 2711, does fulfill those points that we advocated before, and therefore we can say, very properly, that we are in favor of it.

You will be interested in this: The tanning industry is a very basic one of our country, and it represents some $300,000,000 worth of business each year, besides the investment of several billions of dollars, and is spread over 29 States in these our United States.

In those States where the greatest progress has been made in the prevention of pollution we find a concentration of the tanning industry. We find that, in part, the progress which has been made in streampollution prevention has been apparently due to the effort, the cooperative effort, of the tanning industry. They have spent money, time, and loaned their personnel, given their equipment, and always have been very much in accord with anything that is practical in the way of preventing stream pollution.

The whole matter has been so thoroughly covered that I would be only usurping your time to reiterate those things. So if I may, I have

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