Page:United States Statutes at Large Volume 90 Part 1.djvu/1272

 90 STAT. 1222

PUBLIC LAW 94-403—SEPT. 9, 1976 "ARTICLE II "PROCEDURES AND CONDITIONS GOVERNING INTERGOVERNMENTAL AGREEMENTS " A. COOPERATIVE AGREEMENTS AUTHORIZED.—Any



.•:

two

or

more

municipalities, one or more located in New H a m p s h i r e 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 o r ADOPTING AGREEMENT.—Agreements h e r e under shall

be adopted by the governing body of each municipality in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state. " D. REVIEW AND APPROVAL OF P L A N S. — The w a t e r 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 document required to apply for federal g r a n t s in aid or g r a n t s 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 F I N A N C I N G. —

Application.

" 1, Application for federal g r a n t s 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 g r a n t 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. E a c h 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 p r o 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 p r o rata sharing of operating and maintenance costs based upon the ratio of actual flows to the plant as measured 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.

�