OCR Text |
Show KLAMATH RIVER BASIN COMPACT 189 tive laws and the adoption of effective regulations for abatement and control of pollution of the waters of the Klamath River Basin, and from time to time to recommend to the governments reasonable mini- mum standards for the quality of such waters. 2. To disseminate to the public by any and all appropriate means information respecting pollution abatement and control in the waters of the Klamath River Basin and on the harmful and uneconomic results of such pollution. C. Each state shall have the primary obligation to take appropri- ate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Upper Klamath River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Klamath River Basin in the other state. Upon complaint to the commission by the state water pollution control agency of one state that interstate pollution originating in the other state is not being prevented or abated, the procedure shall be as follows: 1. The commission shall make an investigation and hold a con- ference on the alleged interstate pollution with the water pollution control agencies of the two states, after which the commission shall recommend appropriate corrective action. 2. If appropriate corrective action is not taken within a reason- able time, the commission shall call a hearing, giving reasonable notice in writing thereof to the water pollution control agencies of the two states and to the person or persons which it is believed are causing the alleged interstate pollution. Such hearing shall be held in ac- cordance with rules iand regulations of the commission, which shall conform as nearly as practicable with the laws of the two states gov- erning administrative hearings. At the conclusion of such hearing, the commission shall make a finding as to whether interstate pollu- tion exists, and if so, shall issue to any person or persons which the commission finds are causing such interstate pollution an order or orders for correction (thereof. 3. It shall be the duty of 'the person against whom any such order is issued to comply therewith. Any court of general jurisdic- tion of the state where such discharge is occurring or the United States District Court for the district where the discharge is occurring shall have jurisdiction, on petition of the commission for enforce- ment of such order, to compel action by mandamus, injunction, spe- cific performance, or any other appropriate remedy, or on petition of the person against whom the order is issued to review any order. At the conclusion of such enforcement or review proceedings, the court may enter such decree or judgment affirming, reversing, modi- fying, or remanding such order as in its judgment is proper in the circumstances on the basis of the rules customarily applicable in pro- ceedings for court enforcement or review of administrative actions. D. The water pollution control agencies of the two states shall, from time to time, make available to the commission all data relating to the quality of the waters of the Upper Klamath River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made. |