§ 1202. General provisions—Article I
A. Statement of policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont
may, in order to avoid duplication of cost and effort, and in order to take advantage
of economies of scale, find it necessary or advisable to enter into agreements whereby
joint sewage and waste disposal facilities are erected and maintained. The states
of New Hampshire and Vermont recognize the value of and need for such agreements,
and adopt this compact in order to authorize their establishment.
B. Requirement of congressional approval. This compact shall not become effective until approved by the U.S. Congress.
C. Definitions.
1. “Sewage and waste disposal facilities” shall mean publicly owned sewers, interceptor
sewers, sewerage facilities, sewage treatment facilities, and ancillary facilities
whether qualifying for grants in aid under Title II of the Federal Water Pollution
Control Act, as amended, or not.
2. “Municipalities” shall mean cities, towns, village districts, or other incorporated
units of local government possessing authority to construct, maintain, and operate
sewage and waste disposal facilities and to raise revenue therefor by bonding and
taxation, which may legally impose and collect user charges and impose and enforce
pretreatment conditions upon users of sewage and waste disposal facilities.
3. “Water pollution agency” shall mean the agencies within New Hampshire and Vermont
possessing regulating authority over the construction, maintenance, and operation
of sewage and waste disposal facilities and the administration of grants in aid from
their respective state and under the Federal Water Pollution Act, as amended, for
the construction of such facilities.
4. “Governing body” shall mean the legislative body of the municipality, including in
the case of a town, the town meeting, and in the case of a city, the city council,
or the board of mayor and aldermen or any similar body in any community not inconsistent
with the intent of this definition. (Added 1975, No. 116, § 1, eff. June 29, 1975.)
§ 1203. Procedures and conditions governing intergovernmental agreements—Article II
A. Cooperative Agreements Authorized. Any two or more municipalities, one or more located in New Hampshire 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 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 of Adopting Agreements. Agreements hereunder 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 Plans. The water pollution agency of the state in which any part of a sewage and waste disposal
facility that 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 documents required to apply for federal grants in aid
or grants 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 Financing.
1. Application for federal grants 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 grant 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. Each 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 pro 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 pro rata sharing of operating and maintenance costs based upon
the ratio of actual flows to the plant as measured by devices installed to gauge 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.
7. A provision establishing a procedure for the adoption of regulations for the use,
operation, and maintenance of the joint facilities.
8. A provision setting forth the means by which the municipality that does not own the
joint sewage and waste disposal facility will pay the other municipality its share
of the maintenance and operating costs of said facility.
H. Nothing in this compact shall be construed to authorize the establishment of interstate
districts, authorities, or any other new governmental or quasi-governmental entity. (Added 1975, No. 116, § 1, eff. June 29, 1975.)