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Session Laws, 1963
Volume 671, Page 1694   View pdf image (33K)
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1694                             LAWS OF MARYLAND                        [CH. 806

and being of a duration which, from any single source or in combina-
tion with other sources, are, or will be, injurious to human, plant or
animal life or to property or which unreasonably interfere with the
enjoyment of life and property throughout the State and in such areas
ANIMAL LIFE OR TO PROPERTY, OR WHICH UNREASON-
ABLY INTERFERE WITH THE PROPER ENJOYMENT OF THE
PROPERTY OF OTHERS BY REASON OF THE EMISSION OF
ODORS, SOLIDS, VAPORS, LIQUIDS OR GASES, THROUGH-
OUT THE STATE AND IN SUCH AREAS of the State as are
affected thereby.

(2) The term "Board" shall mean the State Board of Health and
Mental Hygiene.

(3) The term "Council" shall mean the Air Pollution Control
Council.

(4) The term "Department" shall mean the Maryland State De-
partment of Health.

(5)   The term "Person" shall mean any individual, group of indi-
viduals, firm, partnership, voluntary association, or private, public
or municipal corporation, or political subdivision of the State, respon-
sible for the use of property.

(6)   The term "source" shall mean any property, real or personal,
or person contributing to air pollution.

(7)   The term "emergency" shall mean a sudden, unexpected and
unforeseen condition of such public gravity and exigency as to re-
quire action forthwith.

692.

(Responsibilities and Duties of the Board Under this Act).

Consistent with the policy of the State as it is set forth in Section
690 hereof, the Board is hereby authorized to:

(1) Adopt, amend and repeal rules and regulations, ONLY in ac-
cordance with recommendations of the Council, for the control of air
pollution in the State or in various areas; provided, however, that
no such rule or regulation and no such amendment or repeal shall be
adopted without prior approval of a majority of the Board; and
provided, further, that no such rule or regulation and no such amend-
ment or repeal shall be adopted except after public hearing to be
held by the Council after thirty (30) days prior notice thereof by
public advertisement of the date, time, place and purpose of such
hearing, in a newspaper or newspapers of general circulation within
the area or areas concerned, at which opportunity to be heard by the
Council with respect thereto shall be given to the public; and pro-
vided, further, that no such rule or regulation and no such amend-
ment or repeal shall become effective until ninety (90) days after the
adoption thereof in the aforementioned manner. In the formulation
of any rule or regulation for any area or areas within the State, there
shall be considered among other things the residential, commercial
or industrial nature of the area affected, zoning, the nature and
source of various kinds of air pollution, the problems of various com-
mercial and industrial establishments that may be affected by such
rule or regulation, the environmental conditions, population density


 

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Session Laws, 1963
Volume 671, Page 1694   View pdf image (33K)
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