§ 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.)