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Executive Records, Governor Spiro T. Agnew, 1967-1969
Volume 83, Page 211   View pdf image (33K)
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or which unreasonably interfere with the proper enjoyment of the
property of others by reason of the emission of odors, solids, vapors,
liquids, or gases, throughout the State

Administrative provisions are specified within the body of the legis-
lation which authorize the employment of sufficient technical and pro-
fessional personnel to supervise and enforce this legislation. To fur-
ther facilitate administrative supervision the State is initially divided
into six separate air quality control areas as specified in this legisla-
tion. However, flexibility is assured by providing revision or adjust-
ment of those areas at the recommendation of the State Health De-

The Health Department is authorized to prepare regulations estab-
lishing standards for emissions into the air and the ambient air
quality for each of the designated areas not later than June 1, 1968.
Provisions are also made to allow local governments within each area
to recommend the adoption of more stringent or restrictive standards
if they consider such action necessary within their particular jurisdic-
tions. While the State will be responsible for the enforcement of air
quality standards, the State is required to cooperate with and rely
upon the services of local agencies to the maximum extent possible.
Elaborate provisions are made for the enforcement of air quality
standards, noncompliance is permitted only if a plan for compliance
has been submitted to and approved by the Board of the State De-
partment of Health and Mental Hygiene, and only so long as viola-
tors act in accord with this plan. A thirty day period of grace is pro-
vided violators to observe standards or develop an adequate pollution
abatement plan. The Governor, upon notification that emergency
conditions exist, is empowered to issue by executive order authoriza-
tion for the Attorney General to initiate court action against offenders
and prosecution may commence upon authorization of the Commis-
sioner of the State Department of Health. Penalties include charges
of criminal liability with a maximum fine of $1, 000 per day.

While the elaborate enforcement provisions are a clear indication
of our serious intent to assure that the health of Maryland citizens is
not endangered by polluted air, I must emphasize that equally elab-
orate provisions exist in this statute to enable industry to comply
and conform with the State's air quality standards. Reason dictates
that State government temper its broad coercive powers with discre-
tion in cases like this, skillfully and diplomatically balancing the
carrot with the stick. We cannot go to major industries like Maryland's
Bethlehem Steel, which provides employment to 30, 000 to 40, 000


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Executive Records, Governor Spiro T. Agnew, 1967-1969
Volume 83, Page 211   View pdf image (33K)
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