§ 113A-23. Compact provisions. - North Carolina Statutes

§ 113A‑23.  Compactprovisions.

The Interstate Environmental Compact is hereby enacted into law andentered into with all other jurisdictions legally joining herein in the formsubstantially as follows:

Article 1. Findings,Purposes and Reservations of Power.

(1)        Findings. – Signatory states hereby find and declare:

(a)        The environment of every state is affected with local,state, regional, and national interests and its protection, under appropriatearrangements for intergovernmental cooperation, are public purposes of therespective signatories.

(b)        Certain environmental pollution problems transcend stateboundaries and thereby become common to adjacent states requiring cooperativeefforts.

(c)        The environment of each state is subject to the effective controlof the signatories, and coordinated, cooperative or joint exercise of controlmeasures is in their common interests.

(2)        Purposes. – The purposes of the signatories in enacting thisCompact are:

(a)        To assist and participate in the national environmentprotection programs as set forth in federal legislation; to promoteintergovernmental cooperation for multi‑state action relating toenvironmental protection through interstate agreements; and to encouragecooperative and coordinated environmental protection by the signatories and thefederal government;

(b)        To preserve and utilize the functions, powers, and duties ofexisting state agencies of government to the maximum extent possible consistentwith the purposes of the Compact.

(3)        Powers of the United States. – (a) Nothing contained in thisCompact shall impair, affect or extend the constitutional authority of theUnited States. (b) The signatories hereby recognize the power and right of theCongress of the United States at any time by any statute expressly enacted forthat purpose to revise the terms and conditions of its content.

(4)        Powers of the States. – Nothing contained in this Compactshall impair or extend the constitutional authority of any signatory state, norshall the police powers of any signatory state be affected.

Article 2. Short Title,Definitions, Purposes and Limitations.

(1)        Short Title. – This Compact shall be known and may be citedas the Interstate Environmental Compact.

(2)        Definitions. – For the purpose of this Compact and of anysupplemental or concurring legislation enacted pursuant or in relation hereto,except as may be otherwise required by the context:

(a)        "State" shall mean any one of the 50 states of theUnited States of America, the Commonwealth of Puerto Rico and the Territory ofthe Virgin Islands, but shall not include the District of Columbia.

(b)        "Interstate environment pollution" shall mean anypollution of a stream or body of water crossing or marking a state boundary,interstate air quality control region designated by an appropriate federalagency or solid waste collection and disposal district or program involving thejurisdiction or territories of more than one state.

(c)        "Government" shall mean the governments of theUnited States and the signatory states.

(d)        "Federal government" shall mean the government ofthe United States of America and any appropriate department, instrumentality,agency, commission, bureau, division, branch or other unit thereof, as the casemay be, but shall not include the District of Columbia.

(e)        "Signator" shall mean any state which enters intothis Compact and is a party thereto.

Article 3.Intergovernmental Cooperation.

(1)        Agreements with the Federal Government and other Agencies. –Signatory states are hereby authorized jointly to participate in cooperative orjoint undertakings for the protection of the interstate environment with thefederal government or with any intergovernmental or interstate agencies.

Article 4. SupplementaryAgreements, Jurisdiction and Enforcement.

(1)        Signatories may enter into agreements for the purpose ofcontrolling interstate environmental problems in accordance with applicablefederal legislation and under terms and conditions as deemed appropriate by theagreeing states under paragraph (6) and paragraph (8) of this Article 4.

(2)        Recognition of Existing Nonenvironmental IntergovernmentalArrangements. – The signatories agree that existing federal‑state,interstate or intergovernmental arrangements which are not primarily directedto environmental protection purposes as defined herein are not affected by thisCompact.

(3)        Recognition of Existing Intergovernmental AgreementsDirected to Environmental Objectives. – All existing interstate compactsdirectly relating to environmental protection are hereby expressly recognizedand nothing in this Compact shall be construed to diminish or supersede thepowers and functions of such existing intergovernmental agreements and theorganizations created by them.

(4)        Modification of Existing Commissions and Compacts. –Recognition herein of multi‑state commissions and compacts shall not beconstrued to limit directly or indirectly the creation of additional multi‑stateorganizations or interstate compacts, nor to prevent termination, modification,extension, or supplementation of such multi‑state organizations andinterstate compacts recognized herein by the federal government or states partythereto.

(5)        Recognition of Future Multi‑State Commissions andInterstate Compacts. – Nothing in this Compact shall be construed to preventsignatories from entering into multi‑state organizations or otherinterstate compacts which do not conflict with their obligations under thisCompact.

(6)        Supplementary Agreements. – Any two or more signatories mayenter into supplementary agreements for joint, coordinated or mutualenvironmental management activities relating to interstate pollution problemscommon to the territories of such states and for the establishment of common orjoint regulations, management, services, agencies or facilities for suchpurposes or may designate an appropriate agency to act as their joint agency inregard thereto. No supplementary agreement shall be valid to the extent that itconflicts with the purposes of this Compact and the creation of a joint agencyby supplementary agreement shall not affect the privileges, powers,responsibilities or duties under this Compact of signatories participatingtherein as embodied in this Compact.

(7)        Execution of Supplementary Agreements and Effective Date. –The Governor is authorized to enter into supplementary agreements for the Stateand his official signature shall render the agreement immediately binding uponthe State; provided that:

(a)        The legislature of any signatory entering into such asupplementary agreement shall at any subsequent legislative session byconcurrent resolution bring the supplementary agreement before it and byappropriate legislative action approve, reverse, modify, or condition theagreement of that state.

(b)        Nothing in this agreement shall be construed to limit theright of Congress by act of law expressly enacted for that purpose todisapprove or condition such a supplementary agreement.

(8)        Special Supplementary Agreements. – Signatories may enterinto special supplementary agreements with the District of Columbia or foreignnations for the same purposes and with the same powers as under paragraph (6),Article 4, upon the conditions that such nonsignatory party accept the generalobligations of signatories under this Compact. Provided, that such specialsupplementary agreements shall become effective only after being consented toby the Congress.

(9)        Jurisdiction of Signatories Reserved. – Nothing in thisCompact or in any supplementary agreement thereunder shall be construed torestrict, relinquish or be in derogation of, any power or authorityconstitutionally possessed by any signatory within its jurisdiction.

(10)      Complementary Legislation by Signatories. – Signatories mayenact such additional legislation as may be deemed appropriate to enable itsofficers and governmental agencies to accomplish effectively the purposes ofthis Compact and supplementary agreements recognized or entered into under theterms of this Article.

(11)      Legal Rights of Signatories. – Nothing in this Compact shall  impairthe exercise by any signatory of its legal rights or remedies established bythe United States Constitution or any other laws of this nation.

Article 5. Construction,Amendment, and Effective Date.

(1)        Construction. – It is the intent of the signatories that noprovision of this Compact or supplementary agreement entered into hereundershall be construed as invalidating any provision of law of any signatory andthat nothing in this Compact shall be construed to modify or qualify theauthority of any signatory to enact or enforce environmental protectionlegislation within its jurisdiction.

(2)        Severability. – The provisions of this Compact or ofagreements hereunder shall be severable and if any phrase, clause, sentence orprovisions of this Compact, or such an agreement is declared to be contrary tothe constitutionality of the remainder of this Compact or of any agreement andthe applicability thereof to any participating jurisdiction, agency, person orcircumstance shall not be affected thereby and shall remain in full force andeffect as to the remaining participating jurisdictions and in full force andeffect as to the signatory affected as to all severable matters. It is theintent of the signatories that the provisions of this Compact shall bereasonably and liberally construed in the context of its purposes.

(3)        Amendments. – Amendments to this Compact may be initiated bylegislative action of any signatory and become effective when concurred in byall signatories and approved by Congress.

(4)        Effective Date. – This Compact shall become binding on astate when enacted by it into law and such state shall thereafter become asignatory and party hereto with any and all states legally joining herein. (1971, c. 805, s. 3.)