Title 32, Title 32: INTERSTATE AND PORT AUTHORITIES AND COMMISSIONS

32:11D-102. Rights of way Permission is hereby granted to the commission to locate, construct and maintain any aqueducts, lines, pipes, conduits and auxiliary facilities authorized to be acquired, constructed, owned, operated or maintained by the commission in, over, under or acr…

32:11D-103. Penal sanction Any person, association or corporation who violates or attempts or conspires to violate any provision of this compact or any rule, regulation or order of the commission duly made, promulgated or issued pursuant to the compact in addition to any other re…

32:11D-104. Tort liability The commission shall be responsible for claims arising out of the negligent acts or omissions of its officers, agents and employees only to the extent and subject to the procedures prescribed by law generally with respect to officers, agents and employe…

32:11D-105. Effect on riparian rights Nothing contained in this compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective signatory parties relating to riparian rights. L.1961, c. 13, p. 88, s. 14.19.

32:11D-106. Amendments and supplements Amendments and supplements to this compact to implement the purposes thereof may be adopted by legislative action of any of the signatory parties concurred in by all of the others. L.1961, c. 13, p. 88, s. 14.20.

32:11D-107. Construction and severability The provisions of this act and of agreements thereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such agreement is declared to be unconstitutional or the applicability thereof to any signatory…

32:11D-108. Effective date; execution This compact shall become binding and effective 30 days after the enactment of concurring legislation by the Federal Government, the States of Delaware, New Jersey and New York, and the Commonwealth of Pennsylvania. The compact shall be signe…

32:11D-109. Repealer All acts and parts of acts inconsistent with any provision of this act are to the extent of such inconsistency hereby repealed. L.1961, c. 13, p. 89, s. 15.1.

32:11D-11. Voting power Each member shall be entitled to 1 vote on all matters which may come before the commission. No action of the commission shall be taken at any meeting unless a majority of the membership shall vote in favor thereof. L.1961, c. 13, p. 49, s. 2.5.

32:11D-110. Effectuation by chief executive The chief executive is authorized to take such action as may be necessary and proper, in his discretion, to effectuate the compact and the initial organization and operation of the commission thereunder. L.1961, c. 13, p. 89, s. 15.2.

32:11D-111. Transfer of powers and duties of Interstate Commission on Delaware River Basin to Delaware River Basin Commission The functions, powers and duties of the Interstate Commission on the Delaware River Basin, also known as INCODEL, are hereby transferred to the Delaware R…

32:11D-112. Transfer of records, funds and properties All of the right, title and interest of the State of New Jersey in any records, funds and properties of the Interstate Commission on the Delaware River Basin are hereby transferred to the Delaware River Basin Commission to be …

32:11D-113. Unexpended balances, other assets, contracts, projects, etc.; transfer, use, application and administration Upon dissolution of the Interstate Commission on the Delaware River Basin pursuant to this act, all of its unexpended balances, other assets, contracts, commitm…

32:11D-114. Repealer Chapter 121, laws of 1944, is hereby repealed. L.1964, c. 57, s. 7.

32:11D-115. Effective date This act shall take effect upon the adoption of substantially similar legislation by the Commonwealth of Pennsylvania and the States of Delaware and New York providing for the termination of INCODEL and a transfer of each State's property to the Delawar…

32:11D-12. Organization and procedure The commission shall provide for its own organization and procedure, and shall adopt rules and regulations governing its meetings and transactions. It shall organize annually by the election of a chairman and vice-chairman from among its memb…

32:11D-13. Jurisdiction of the commission The commission shall have, exercise and discharge its functions, powers and duties within the limits of the basin, except that it may in its discretion act outside the basin whenever such action may be necessary or convenient to effectuat…

32:11D-14. Purpose and policy The commission shall develop and effectuate plans, policies and projects relating to the water resources of the basin. It shall adopt and promote uniform and co-ordinated policies for water conservation, control, use and management in the basin. It s…

32:11D-15. Comprehensive plan, program and budgets The commission shall, in accordance with Article 13 of this compact, formulate and adopt: (a) A comprehensive plan, after consultation with water users and interested public bodies, for the immediate and long range development an…

32:11D-16. Allocations, diversions and releases The commission shall have the power from time to time as need appears, in accordance with the doctrine of equitable apportionment, to allocate the waters of the basin to and among the States signatory to this compact and to and amon…

32:11D-17. Supreme Court decree; waivers Each of the signatory States and their respective political subdivisions, in consideration of like action by the others, and in recognition of reciprocal benefits, hereby waives and relinquishes for the duration of this compact any right, …

32:11D-18. Supreme Court decree; specific limitations on commission Except as specifically provided in sections 3.3 and 3.4 of this article, nothing in this compact shall be construed in any way to impair, diminish or otherwise adversely affect the rights, powers, privileges, con…

32:11D-19. General powers The commission may: (a) Plan, design, acquire, construct, reconstruct, complete, own, improve, extend, develop, operate and maintain any and all projects, facilities, properties, activities and services, determined by the commission to be necessary, conv…

32:11D-2. Definitions For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context: (a) "Basin" shall mean the area of drainage into the Delaware river and its tributaries, includi…

32:11D-20. Rates and charges The commission may from time to time after public notice and hearing fix, alter and revise rates, rentals, charges and tolls and classifications thereof, for the use of facilities which it may own or operate and for products and services rendered ther…

32:11D-21. Referral and review No project having a substantial effect on the water resources of the basin shall hereafter be undertaken by any person, corporation or governmental authority unless it shall have been first submitted to and approved by the commission, subject to the…

32:11D-22. Co-ordination and co-operation The commission shall promote and aid the co-ordination of the activities and programs of Federal, State, municipal and private agencies concerned with water resources administration in the basin. To this end, but without limitation theret…

32:11D-23. Advisory committees The commission may constitute and empower advisory committees, which may be comprised of representatives of the public and of Federal, State, county and municipal governments, water resources agencies, water-using industries, water-interest groups, …

32:11D-24. Generally The commission shall have power to develop, implement and effectuate plans and projects for the use of the waters of the basin for domestic, municipal, agricultural and industrial water supply. To this end, without limitation thereto, it may provide for, cons…

32:11D-25. Storage and release of waters (a) The commission shall have power to acquire, operate and control projects and facilities for the storage and release of waters, for the regulation of flows and supplies of surface and ground waters of the basin, for the protection of pu…

32:11D-26. Assessable improvements The commission may undertake to provide stream regulation in the main stream or any tributary in the basin and may assess on an annual basis or otherwise the cost thereof upon water users or any classification of them specially benefited thereby…

32:11D-27. Co-ordination Prior to entering upon the execution of any project authorized by this article, the commission shall review and consider all existing rights, plans and programs of the signatory parties, their political subdivisions, private parties, and water users which…

32:11D-28. Additional powers In connection with any project authorized by this article, the commission shall have power to provide storage, treatment, pumping and transmission facilities, but nothing herein shall be construed to authorize the commission to engage in the business …

32:11D-29. General powers The commission may undertake investigations and surveys, and acquire, construct, operate and maintain projects and facilities to control potential pollution and abate or dilute existing pollution of the water resources of the basin. It may invoke as comp…

32:11D-3. Purpose and findings The legislative bodies of the respective signatory parties hereby find and declare: (a) The water resources of the basin are affected with a local, State, regional and national interest and their planning, conservation, utilization, development, man…

32:11D-30. Policy and standards The commission may assume jurisdiction to control future pollution and abate existing pollution in the waters of the basin, whenever it determines after investigation and public hearing upon due notice that the effectuation of the comprehensive pla…

32:11D-31. Co-operative legislation and administration Each of the signatory parties covenants and agrees to prohibit and control pollution of the waters of the basin according to the requirements of this compact and to co-operate faithfully in the control of future pollution in …

32:11D-32. Enforcement The commission may, after investigation and hearing, issue an order or orders upon any person or public or private corporation, or other entity, to cease the discharge of sewage, industrial or other waste into waters of the basin which it determines to be i…

32:11D-33. Further jurisdiction Nothing in this compact shall be construed to repeal, modify or qualify the authority of any signatory party to enact any legislation or enforce any additional conditions and restrictions to lessen or prevent the pollution of waters within its juri…

32:11D-34. General powers The commission may plan, design, construct and operate and maintain projects and facilities, as it may deem necessary or desirable for flood damage reduction. It shall have power to operate such facilities and to store and release waters on the Delaware …

32:11D-35. Flood plain zoning (a) The commission shall have power to adopt, amend and repeal recommended standards, in the manner provided by this section, relating to the nature and extent of the uses of land in areas subject to flooding by waters of the Delaware river and its t…

32:11D-36. Flood lands acquisition The commission shall have power to acquire the fee or any lesser interest in lands and improvements thereon within the area of a flood plain for the purpose of restricting the use of such property so as to minimize the flood hazard, converting p…

32:11D-37. Flood and stream stage warnings and posting The commission may cause lands particularly subject to flood to be posted with flood hazard warnings, and may from time to time cause flood advisory notices to be published and circulated as conditions may warrant. L.1961, c.…

32:11D-38. Watersheds generally The commission shall promote sound practices of watershed management in the basin, including projects and facilities to retard runoff and waterflow and prevent soil erosion. L.1961, c. 13, p. 61, s. 7.1.

32:11D-39. Soil conservation and forestry The commission may acquire, sponsor or operate facilities and projects to encourage soil conservation, prevent and control erosion, and to promote land reclamation and sound forestry practices. L.1961, c. 13, p. 61, s. 7.2.

32:11D-4. Powers of Congress; withdrawal Nothing in this compact shall be construed to relinquish the functions, powers or duties of the Congress of the United States with respect to the control of any navigable waters within the basin, nor shall any provision hereof be construed…