OCR Text |
Show 341 Elaborate provisions are prescribed for administrative and legal action.128 The pollution of interstate waters endangering the health or welfare of persons in a state "other than that in which the discharge originates" is declared by the statute to be a "public nuisance." Whenever the Surgeon General finds such a nuisance occurring, he must give notice to the pollutor and inform the water-pollution agency of the state where the discharge originates. Such notice may outline "recommended" remedial measures. If action "calculated to secure abatement" is not commenced within the prescribed time, this failure must be brought to the attention of the pollutor and the state agency. This second notice to the state agency "may" be accompanied by a recommendation that it initiate suit to abate the pollution. If the pollution continues and the state fails to act, the Fed- eral Security Administrator may initiate a hearing before a board of five or more persons appointed by him to hear evidence and make recommendations. After reasonable opportunity to the pollutor for compliance with the board's recommendations, the Administrator may, with the "consent" of the water-pol- lution agency "of the state or states in which the matter causing or contributing to the pollution is discharged," request the Attorney General to initiate suit to secure abatement of the pollution. In which event, it is provided that the court, "giving due consideration to the practicability and to the physical and economic feasibility of securing abatement of any pollution proved," may enter such judgment and orders "as the public interest and equities of the case may require." The Act makes no provision for enforcement action if con- sent is not forthcoming from the state where the pollution originates, irrespective of the damage or danger to other states. In addition to the foregoing, a program of financial assist- ance is provided. Loans may be made by the Federal Security Administrator to any state, municipality, or interstate agency Stat. 748); New England Interstate Water Pollution Control Compact (Con- necticut, Massachusetts, New York, Rhode Island, and Vermont, Act of July 31,1947,61 Stat. 682). "" § 2(d), 62 Stat. 1156, 33 TJ. S. C. 466a(d) (Supp. III). |