PROMOTE INTERSTATE COOPERATION FOR THE DELAWARE RIVER BASIN
                 Act of Apr. 19, 1945, P.L. 272, No. 123              Cl. 32
                                  AN ACT

     To promote interstate cooperation for the conservation and
        protection of water resources in the Delaware River Basin.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        (1)  WHEREAS, the States of New York, New Jersey,
     Pennsylvania and Delaware have each created and now maintain a
     Commission (or Committee) on Interstate Cooperation for the
     purpose of establishing and maintaining governmental machinery
     to facilitate communication, negotiation, understanding and
     cooperation between said states respectively, and other states
     of the Union, both regionally and nationally, with power to
     establish such committees, subcommittees and advisory boards as
     are deemed advisable to conduct conferences and to formulate
     proposals concerning subjects of intergovernmental cooperation;
     to study the laws of the several states; hold public or private
     hearings; make findings and recommendations and to submit drafts
     of legislation; to promote uniform laws for the elimination of
     the confusion and conflict between the several states of the
     Union and the Federal government in the matter of laws and
     administrative practices concerning conservation, prevention,
     abatement and control of pollution, water supply, public
     welfare, flood control and other subjects; and
        (2)  WHEREAS, said Commissions (or Committees) on Interstate
     Cooperation of said states have organized and established, and
     are now maintaining as an instrument of governmental machinery,
     a joint advisory board known as "The Interstate Commission on
     the Delaware River Basin," as a regional commission, composed of
     standing subcommittees of said Commissions (or Committees) on
     Interstate Cooperation respectively, for the purpose of entering
     upon a program to study the conservation, water supply,
     pollution and other potential uses and benefits of, and to
     develop integrated plans to conserve and protect the waters and
     other resources of the Delaware River Basin in the following
     specified particulars:
        A.  To serve as a fact-coordinating body, and to develop the
     means and procedure by which the general plans and policies
     proposed for the development of the region may be carried out.
        B.  To sponsor the carrying out of properly developed plans
     which result from surveys and research concerning population,
     land and water resources and uses, and other related subjects.
        C.  To coordinate the activities of the Commission and
     Committees on Interstate Cooperation, and their joint agency,
     the Council of State Governments, with the work of the
     appropriate state and Federal agencies for the prevention and
     abatement of pollution for flood control, and for the proper,
     general use and control of the waters of the Delaware River.
        D.  To encourage interstate compacts, and the enactment of
     uniform state laws, for the abatement of water pollution for
     flood control, and for the proper general use and control of the
     waters of the Delaware River.
        E.  To advance, perpetuate and outline the work recommended
     by its conferences, and to develop and propose new objectives;
     and
        (3)  WHEREAS, it is the purpose of the Commissions (or
     Committees) on Interstate Cooperation of said four states,
     acting through said Interstate Commission on the Delaware River
     Basin, to eliminate confusion and conflict among said states by
     the promotion and enactment of uniform laws in said states to
     preserve in a safe and sanitary condition, the waters and
     watershed of said Delaware River Basin and to provide uniform
     concurrent regulations for the control and the enforcement of
     the elimination of pollution in the waters thereof in said
     states respectively; and
        (4)  WHEREAS, said Interstate Commission on the Delaware
     River Basin, in cooperation with the state health departments of
     said states respectively, has made a study, for the purposes
     above recited, of said Delaware River and its tributaries in
     said Delaware River Basin and has formulated proposals for the
     intergovernmental cooperation of said states in the correction
     and control of pollution of the waters thereof, which have been
     formally approved, ratified and accepted by the health
     departments of said states respectively, in the following form:
        A.  RECIPROCAL AGREEMENT as drafted and negotiated by the
     Interstate Commission on the Delaware River Basin, with
     subsequent formal ratification by the State Departments of
     Health of Delaware, New Jersey, New York and Pennsylvania, for
     the Conservation and Control of Pollution of the Waters of the
     Interstate Delaware River.
        WHEREAS, a substantial part of the territory of the states of
     New York, New Jersey, Pennsylvania and Delaware is situated
     within the Delaware River drainage basin; and
        WHEREAS, the increase in population of the various municipal
     areas, within the Delaware River Basin, and the growth of
     industrial activity within the Basin, have resulted in
     increasingly serious pollution of the waters of the interstate
     Delaware River and its tributaries; and
        WHEREAS, such pollution constitutes a grave menace to the
     health, welfare and recreational facilities of the people living
     in the Delaware River Basin and occasions great economic loss;
     and
        WHEREAS, the control of future pollution, and the correction
     of existing pollution of the waters of the interstate Delaware
     River and its tributaries, is of prime importance to the people
     living in the Delaware River Basin and can best be accomplished
     through the cooperation of the representatives of the people in
     the Basin in the states of New York, New Jersey, Pennsylvania
     and Delaware.
        Now, therefore, the State of New York, and the State of New
     Jersey, and the Commonwealth of Pennsylvania, and the State of
     Delaware agree and are bound as follows:
                                ARTICLE I
        Each of the signatory states pledges to each of the other
     signatory states, faithful cooperation in the control of future
     pollution, and in the correction of existing pollution of the
     waters of the interstate Delaware River and its West Branch from
     the New York-Pennsylvania boundary line down to the Atlantic
     Ocean. In order to effect such objects, each of the states
     agrees to enact adequate legislation, if necessary, to enable
     each such state so to require the treatment of sewage,
     industrial waste or other artificial polluting matter as to
     place and maintain the waters of the aforesaid interstate
     Delaware River, and of the tributaries thereof, just above the
     confluence with the Delaware River in the clean and sanitary
     conditions required by the provisions of this agreement.
     Furthermore, each such state agrees so to enforce the provisions
     of these requirements, and other supplementary applicable
     legislation, if any, as to bring about the attainment of the
     objectives of pollution, control, and correction in accordance
     with such reasonable and effective programs as may be determined
     from time to time by the states in the manner prescribed herein.
                                ARTICLE II
        It is recognized by the signatory states that due to such
     variable factors as location, size, character, and flow, and of
     the many varied uses of the waters of the interstate Delaware
     River and its aforesaid West Branch, such as water supply,
     recreation, navigation, industrial developments, maintenance of
     fish life, shellfish, culture, agriculture and other purposes,
     that no single standard of sewage and waste treatment, and of
     quality of receiving waters is practical for all parts of the
     river. Therefore, in order to apply minimum requirements for the
     attainment of correction and control of pollution which will be
     appropriate to the varied factors, including the existing and
     potential quality and uses of the waters the interstate Delaware
     River, is hereby divided into four zones, to wit:
        ZONE I.  Zone 1 is that part of the Delaware River, and its
     West Branch, extending from the New York-Pennsylvania boundary
     line to the head of tidewater at Trenton, New Jersey and
     Morrisville, Pennsylvania.
        The drainage basin contributory to this zone, excepting part
     of the Lehigh River Basin, is relatively sparsely inhabited and
     contains few sewered communities and relatively few industrial
     establishments producing waste water. The streams draining this
     area, being in general relatively clean and of high elevation,
     are well adapted as sources of public water supplies after
     treatment or purification.
        The principal uses of the waters of the Delaware River in
     Zone 1 are expected to be for water supply after such treatment
     or purification as may be necessary and for recreation, bathing,
     maintenance of fish and aquatic life, agriculture and for other
     related purposes.
        ZONE II.  Zone 2 is that part of the Delaware River extending
     from the head of tidewater at Trenton, New Jersey and
     Morrisville, Pennsylvania to a line drawn perpendicular to the
     channel of the Delaware River from the mouth of Pennypack Creek
     in Philadelphia, Pennsylvania to the corresponding point on the
     New Jersey shore.
        The drainage basin contributory to this zone is somewhat more
     densely populated than that of Zone 1 and it contains more
     sewered communities and industrial establishments.
        The principal uses of the waters of the Delaware River in
     Zone 2 are expected to be for water supply, after treatment or
     purification, and for recreation, navigation, maintenance of
     fish and aquatic life, agricultural, industrial and other
     purposes.
        ZONE III.  Zone 3 is that part of the Delaware River
     extending from the aforesaid line connecting the mouth of
     Pennypack Creek in Philadelphia, and the corresponding point in
     New Jersey, to the Pennsylvania-Delaware boundary line.
        The drainage basin contributory to this zone contains
     populous metropolitan areas including Philadelphia, Pennsylvania
     and Camden, New Jersey.
        The principal uses of the waters of the Delaware River in
     Zone 3 are expected to be for navigation, industrial water
     supply, and other purposes.
        The water in this zone, however, should be of such sanitary
     quality that it will not be unfit for use as sources of water
     supply; will not be harmful to fish life; and will not adversely
     affect the quality of the waters of tidal tributaries.
        ZONE IV.  Zone 4 is that part of the Delaware River extending
     from the Pennsylvania-Delaware boundary line to the Atlantic
     Ocean.
        The principal uses of the waters of the Delaware River in
     Zone 4 are expected to be for navigation, industrial water
     supplies, commercial fishing, shellfish culture, recreation, and
     other purposes.
        In order to attain conditions of cleanliness and sanitation
     of the waters of the Delaware River which will be consistent
     with the appropriate existing and future quality and uses of
     such waters, the following minimum requirements shall apply to
     the several zones herein provided. It is the purpose and intent
     of such requirements to apply to artificial (not natural) causes
     of pollution.
                               ARTICLE III
        In order to put and maintain the waters of the interstate
     Delaware River and its West Branch, as aforesaid, in a clean and
     sanitary condition, no sewage, industrial wastes or other
     polluting matter shall be discharged into, or be permitted to
     flow, or fall into, or be placed in, any respective zone of the
     interstate Delaware River as herein established unless such
     sewage, industrial waste, or other artificial polluting matter
     shall first have been so treated as to produce an effluent which
     will meet the following minimum requirements:
        ZONE 1.  1. Such effluent shall be free of noticeable
     floating solids, color, oil, grease, or sleek and practically
     free of suspended solids.
        2.  Such effluent shall be sufficiently free of turbidity
     that it will not cause noticeable turbidity in the water of the
     Delaware River.
        3.  Such effluent shall show a reduction of organic
     substances of at least eighty-five (85) per cent, as measured by
     the bio-chemical oxygen demand; and furthermore, such effluent
     in no case shall exceed a bio-chemical oxygen demand of fifty
     (50) parts per million; and furthermore, the discharge of such
     effluent after dispersion in the water of the river shall not
     cause a reduction of the dissolved oxygen content of such water
     of more than five (5) per cent. The aforesaid reduction in
     dissolved oxygen content shall be determined by the average
     results obtained from dissolved oxygen tests, made upon samples
     collected on not less than six (6) consecutive days, from points
     in the river above and below the point or points of effluent
     discharge.
        4.  Such effluent shall be of such quality that the most
     probable number of organisms of the Coli Aerogenes group shall
     not exceed one (1) per milliliter in more than ten (10) per cent
     of the samples of sewage effluent, tested by the confirmed test:
     And provided further, That no single sample shall contain more
     than one hundred (100) organisms of the Coli Aerogenes group in
     one (1) milliliter.
        5.  Such effluent shall be sufficiently free of acids,
     alkalis and other toxic or deleterious substances that it will
     not create a menace to the public health through the use of the
     waters of the Delaware River for public water supplies, for
     recreation, bathing, agriculture and other purposes, nor be
     inimical to fish, animal or aquatic life.
        6.  Such effluent shall be free of offensive odors, and also
     be free of substances capable of producing offensive tastes or
     odors in public water supplies derived from the Delaware River
     at any place below the discharge of such effluent.
        ZONE 2.  1. Such effluent shall be free of noticeable
     floating solids, color, oil or grease, and practically free of
     both suspended solids and sleek.
        2.  Such effluent shall be sufficiently free of turbidity
     that it will not cause noticeable turbidity in the water of the
     Delaware River.
        3.  Such effluent shall show a reduction of organic substance
     of at least eighty-five (85) per cent, as measured by the bio-
     chemical oxygen demand; and furthermore, such effluent in no
     case shall exceed a bio-chemical oxygen demand of one hundred
     (100) parts per million; and furthermore, the discharge of such
     effluent, after dispersion in the water of the river, shall not
     cause a reduction of the dissolved oxygen content of such water
     of more than ten (10) per cent. The aforesaid reduction in
     dissolved oxygen content shall be determined by the average
     results obtained by dissolved oxygen tests made upon samples
     collected on not less than six (6) consecutive days from points
     in the river above and below the point or points of effluent
     discharge.
        4.  Such effluent shall be of such quality that the most
     probable number of organisms of the Coli Aerogenes group shall
     not exceed one (1) per milliliter in more than twenty-five (25)
     per cent of the samples of sewage effluent tested by the
     confirmed test: And provided further, That no single sample
     shall contain more than one hundred (100) organisms of the Coli
     Aerogenes group in one (1) milliliter.
        5.  Such effluent shall be sufficiently free of acids,
     alkalis, and other toxic or deleterious substances, that it will
     not create a menace to the public health through the use of the
     water of the Delaware River for public water supplies, for
     recreation, industrial and other purposes, nor be inimical to
     fish, animal, or aquatic life.
        6.  Such effluent shall be free of offensive odors, and also
     be free of substances capable of producing offensive tastes and
     odors in public water supplies derived from the Delaware River
     at any place above or below the discharge of such effluent.
        ZONE 3.  1. Such effluent shall be free of noticeable
     floating solids, oil or grease, and substantially free of both
     settleable solids and sleek.
        2.  Such effluent shall be sufficiently free of turbidity
     that it will not cause substantial turbidity in the water of the
     Delaware River after dispersion in the water of the river.
        3.  Such effluent shall show a reduction of at least fifty-
     five (55) per cent of the total suspended solids, and a
     reduction of not less than thirty-five (35) per cent of the bio-
     chemical demand. (It is the intent of this requirement to
     restore the dissolved oxygen content of the river water in this
     zone to at least fifty (50) per cent saturation. To accomplish
     this it may be necessary, in the case of certain wastes, to
     obtain reductions greater than those required under this item).
        4.  Such effluent, if it be discharged within two miles of a
     public water works intake, or within prejudicial influence
     thereof, shall at all times be effectively treated with a
     germicide.
        5.  Such effluent shall be sufficiently free of acids,
     alkalis, and other toxic or deleterious substances, that it will
     not create a menace to the public health through the use of the
     waters of the Delaware River for public water supplies, or
     render such waters unfit for industrial and other purposes, or
     cause the water of the Delaware River to be harmful to fish
     life.
        6.  Such effluent shall be practically free of substances
     capable of producing offensive tastes or odors in public water
     supplies derived from the Delaware River.
        ZONE 4.  1. Such effluent shall be free of noticeable
     floating solids, oil or grease, and substantially free of both
     settleable solids and sleek.
        2.  Such effluent shall be sufficiently free of turbidity
     that it will not cause substantial turbidity in the waters of
     the Delaware River after dispersion in the water of the river.
        3.  Such effluent shall show a reduction of at least fifty-
     five (55) per cent of the total suspended solids and shall be
     subject to such further treatment as may be needed to prevent a
     nuisance.
        4.  Such effluent, if it be discharged within prejudicial
     influence of a public water works intake, or of recreational
     areas, or of shell fish grounds, shall at all times be
     effectively treated with a germicide except that in the case of
     recreational area influence, such treatment need not be provided
     during the period from October 15th to May 15th of each year.
        5.  Such effluent shall be sufficiently free of acids,
     alkalis, and other toxic or deleterious substances, that it will
     not create a menace to the public health through the use of the
     waters of the Delaware River for public water supplies, or
     render such waters unfit for commercial fishing, shell fish
     culture, recreational, industrial or other purposes.
        6.  Such effluent shall be practically free of substances
     capable of producing offensive tastes or odors in public water
     supplies derived from the Delaware River.
        It is further recognized by the signatory states that the
     quality of the waters of the intrastate tributaries of the
     Delaware River and its aforesaid West Branch are of interstate
     concern at their points of confluence with the Delaware River
     and its West Branch. Therefore, it is also agreed that sewage
     industrial waste, or other artificial polluting matter,
     discharged into or permitted to flow, or to fall into, or be
     placed in any intrastate tributary of the aforesaid Delaware
     River, shall be treated to that degree, if any, necessary to
     maintain the waters of such intrastate tributary immediately
     above its confluence with the aforesaid Delaware River in a
     condition at least equal to the clean and sanitary condition of
     the waters of the Delaware River immediately above the
     confluence of such tributary.
        Analyses and tests regarding the minimum requirements herein
     prescribed shall be determined in accordance with the provisions
     contained in the American Public Health Association's latest
     edition on "Standard Methods for the Examination of Water and
     Sewage."
        The aforesaid requirements as to treatment of sewage,
     industrial wastes, or other artificial polluting matter, and as
     to the sanitary quality of receiving waters are minima. It is
     the intent and purpose of these requirements to accomplish
     reasonable and adequate control and correction of pollution. Due
     to the many variable factors involved, however, and to the
     impossibility of forecasting future developments with certainty,
     it may be necessary in the future to impose additional
     requirements, particularly in Zones 2 and 3.
        The minima herein prescribed, therefore, shall be considered
     the first step toward attaining the objectives sought and, if
     necessary, may be required to be supplemented in the case that
     the general application of such minimum requirements does not
     adequately improve and maintain the sanitary quality of the
     waters of the Delaware River.
        Section 1.  That part of the area of the Delaware River Basin
     lying within this state is hereby established and declared to be
     a component part of an interstate region for the
     intergovernmental cooperation by said states in the
     conservation, protection and development of the water resources
     thereof by means of integrated plans, and the Delaware River
     Basin Commission is hereby recognized as the duly established
     regional commission, or agency, of this state for
     intergovernmental cooperation. The commission, at its option,
     may authorize the Department of Property and Supplies to
     prescribe standards and specifications and make contracts and
     purchases of various materials and services for the commission,
     pursuant to the provisions of sections 2409, 2403 and 2403.1 of
     the act of April 9, 1929 (P.L.177), known as "The Administrative
     Code of 1929."
        (1 amended July 1, 1968, P.L.284, No.137)
        Section 2.  The reciprocal agreement set forth in paragraph
     (4) of the above preamble is hereby ratified and applied to the
     waters and watershed of said Delaware River Basin within the
     territorial limits of this state, and its terms and provisions
     shall supersede the terms and provisions of any existing laws
     and regulations applicable to that area, to the extent only that
     the terms and provisions of such existing laws and regulations
     are inconsistent with the terms and provisions set forth in said
     reciprocal agreement.
        Section 3.  The Department of Health, or such other agency
     designated by the law of the respective signatory states to deal
     with control or abatement of pollution, is hereby empowered and
     directed to apply, and carry into effect, the proposals, terms
     and provisions of said reciprocal agreement in the several zones
     therein prescribed, respectively, within the territorial limits
     of this state and to enforce the same by the exercise of such
     administrative and legal authority, and the institution and
     prosecution of such actions, suits or other proceedings as may
     be necessary or appropriate as are now, or may hereafter be,
     provided under the laws and practice of this state.
        Section 4.  The Department of Health, or such other agency
     designated by the law of the respective signatory states to deal
     with control or abatement of pollution, is hereby authorized and
     directed to cooperate with said Interstate Commission on the
     Delaware River Basin in the further study of the sanitary
     condition of the waters of the Delaware River, and its
     tributaries, in said Delaware River Basin and to approve, adopt
     and enforce within this state, such reasonable modifications,
     changes or alterations in the zones or standards of quality of
     water in said river and tributaries, as may from time to time be
     recommended by said Interstate Commission on the Delaware River
     Basin, and approved by the departments of health of the other
     states constituent to said Delaware River Basin.
        Section 5.  The terms and provisions of said reciprocal
     agreement shall become effective upon receipt by the Secretary
     of State of this state of a certificate from the Executive
     Secretary of The Interstate Commission on the Delaware River
     Basin that an act, in substantially the same form as this act,
     has been passed by the Legislature, and approved by the
     Governor, of one of the other three states constituent to said
     Delaware River Basin, together with a certified copy of said act
     of said state and thereupon the Secretary of State shall advise
     the Department of Health of this state accordingly.
        Section 6.  This act shall take effect immediately upon final
     enactment.