1042                                       LAWS OF MARYLAND                            [Ch.

WHETHER SUCH DAMAGE BE IN THE NATURE OF ACTUAL DAMAGE
SUSTAINED THROUGH LOSS OF FISH AND WILDLIFE OR INJURY
TO PROPERTY, OR REASONABLE COST OF NECESSARY REMEDIAL
MEASURES UNDERTAKEN BY THE COMMISSION OR OTHER
GOVERNMENTAL AGENCY FOR THE AMELIORATION OF THE
EFFECTS OF THE CHANGE OR THE POLLUTANTS, OR TO PREVENT
THE CHANGE OR THE ENTRY OF SUCH POLLUTANTS INTO THE
WATERS.

(B)   THE COMMISSION MAY ASCERTAIN THE EXTENT OF
ANY SUCH DAMAGE SUFFERED BY IT AND MAKE CLAIM UPON
EACH PERSON OR GOVERNMENTAL AGENCY RESPONSIBLE
THEREFOR. UPON THE REQUEST OF ANY OTHER GOVERNMENTAL
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 MONEYS COLLECTED BY THE
COMMISSION 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 COUNTERACTING 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.