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Session Laws, 1971
Volume 707, Page 59   View pdf image
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Marvin Mandel, Governor                             59

agency responsible therefor. Upon the request of any other govern-
mental agency which has suffered any such damage the Commission
may, in collaboration with such agency, ascertain the extent of
such damage and make claim on behalf of the agency upon each
person or governmental agency responsible therefor. In the event
the damages so ascertained and claimed by the Commission are
not paid by the person or governmental agency responsible, the
Commission may institute an action to recover the same.

(c)  Except in case of emergency remedial measures, there shall
be no civil liability pursuant to this section for the cost of remedial
measures unless such measures have been ordered or approved by
the Commission after hearing following notice to those persons and
governmental agencies from whom damages are to be claimed.

(d)  Subject to its deduction of all costs and expenses incurred
in connection therewith, the Commission shall pay promptly to each
governmental agency so entitled all monies collected by the Com-
mission pursuant to this section on behalf of such governmental
agency as the loss or damage sustained or the cost of remedial
measures undertaken by such governmental agency in counteract-
ing or preventing such change or in mitigating the effects of such
change, or in handling, treating, removing, or preventing the entry
of, such pollutants, or of otherwise rendering any such pollutants
suitable for introduction into, or retention in, the waters of the
basin.

(e)   The provisions of this section shall not supersede any other
provision in this compact or contained in any other law, but shall
be in addition thereto.

117.

ARTICLE 6
FLOOD PROTECTION

6.01. Flood Control Authority.(a) In addition to authority
granted elsewhere in this compact, the Commission may plan, design,
construct, operate and maintain projects and facilities it deems
necessary or desirable for flood damage reduction, or may recom-
mend to any governmental agency that it undertake flood damage
reduction activities.

(b)  Except as otherwise provided by the Commission, all plans,
programs and operating procedures, and all changes therein, of every
person or governmental agency, relating to existing or future proj-
ects, facilities or structures within a flood plain and which in the
judgment of the Commission may have any effect upon, or be
affected by, floods or flooding shall, prior to any implementation or
effectuation thereof, be submitted to the Commission for review and
comment, and no action may be taken with respect to the imple-
mentation or effectuation of any such plans, programs, operating
procedures or changes therein until the Commission has had an
opportunity to comment thereon. The provisions of this subsection
are not in lieu of, but are in addition to, any provisions or require-
ments contained elsewhere in this compact.

(c)  As part of the comprehensive water resources plan the Com-
mission shall delineate flood plains and classify them in terms of the


 

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Session Laws, 1971
Volume 707, Page 59   View pdf image
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