J. MILLARD TAWES, Governor                      245

CHAPTER 76
(Senate Bill 164)

AN ACT to add new Section 228A to Article 43 of the Annotated
Code of Maryland (1957 Edition), title "Health", to follow imme-
diately after Section 228 thereof and to be under the new sub-title
"Waters Restricted for Taking and Storing of Shellfish", to author-
ize the State Board of Health and Mental Hygiene or its delegated
agent, the Commissioner of Health, to restrict the taking or stor-
age of shellfish in polluted water or waters adjacent to sewage
treatment plants or sewage overflows, and to remove restrictions
imposed, requiring notification of such action, providing for hear-
ings for aggrieved persons and relating to limitations on the
taking or storage of shellfish in waters in the State.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 228A be and it is hereby added to Article 43 of
the Annotated Code of Maryland (1957 Edition), title "Health" to
follow immediately after Section 228 thereof and to be under the
new sub-title "Waters Restricted for Taking and Storing of Shell-
fish", to read as follows:

228 A.

(a)   Whenever the State Board of Health and Mental Hygiene shall
determine by appropriate investigation that any area of waters of
the State devoted to the production or storage of shellfish is pol-
luted so that shellfish produced or stored in such area is a hazard
to the public health, it shall restrict such area for the taking or
storing of shellfish. AFTER ESTABLISHING A RESTRICTION
AS PROVIDED IN THIS SECTION, THE STATE DEPARTMENT
OF HEALTH SHALL BE RESPONSIBLE FOR TESTING THE
WATER IN THE RESTRICTED AREA, OR INSPECTING THE
SOURCE OF POLLUTION OF THAT WATER, AT LEAST
TWICE MONTHLY; OR MORE FREQUENTLY IF REQUESTED
BY ANY BOARD OF COUNTY COMMISSIONERS OR COUNTY
COUNCIL. A COPY OF THE REPORT OF ANALYSIS OF ALL
SUCH TESTS AND INSPECTIONS SHALL BE FILED PROMPT-
LY WITH THE BOARD OF COUNTY COMMISSIONERS, OR
THE COUNTY COUNCIL. Whenever the area, through sampling
of the water and shellfish, indicates the shellfish and waters again
comply with standards for the harvesting of shellfish, the restric-
tions shall be promptly lifted.

(b)    Whenever the State Board of Health and Mental Hygiene
shall find it necessary to restrict an area of waters for the taking
or storing of shellfish because of the proximity of such area to the
point of discharge of a sewage treatment plant or a point of over-
flow of a sewage pumping station, the Board is authorized to increase
or decrease the size of such a restricted area in relation to the opera-
tional effectiveness of the sewage treatment plant or the sewage
pumping station.

(c)   The action of the State Board of Health and Mental Hygiene
in restricting an area of waters of the State for the taking and
storing of shellfish shall become effective immediately upon the
giving of formal notification of such action to the Department of