Ch. 709                            MARVIN MANDEL, Governor                                  1493

SUBMIT SUCH RECOMMENDATIONS TO THE NOISE COUNCIL FOR
ADVICE. THE NOISE COUNCIL SHALL FURNISH ITS ADVICE TO THE
DEPARTMENT WITHIN SIXTY CALENDAR DAYS, INDICATING
CONCURRENCE,           NONCONCURRENCE,          OR          SUGGESTED

MODIFICATIONS.

697. Powers and Duties of Board.
The Board is hereby authorized to:

(a)   Adopt, amend, and repeal rules and regulations for the control of air
pollution in the State or in various areas. APPROVE, AMEND, OR REJECT
RULES AND REGULATIONS FOR THE CONTROL OF NOISE
POLLUTION IN THE STATE OR IN VARIOUS AREAS, SUBJECT TO
SUBMISSION TO THE GENERAL ASSEMBLY.

(b)  No standard, rule, or regulation and no amendment thereto shall be adopted
OR APPROVED by the Board except after public hearing by the Board 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 Board with respect thereto shall be given to the public; and provided, further,
that no such standard, rule, or regulation and no amendment thereto shall become
effective until sixty (60) days after the adoption thereof in the aforementioned
manner.

(c)  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 commercial and industrial
establishments that may be affected by such rule or regulation, the environmental
conditions, population density and topography of any area concerned or which may
be concerned with such rule or regulation.

(d)  Issue orders as hereinafter provided.
699. Rights of persons other than the state.

Persons other than the State shall not acquire actionable rights by virtue of this
subtitle. The basis for proceedings or other actions that shall result from violations
of any rule or regulation which shall be promulgated by the Board shall inure
solely to and shall be for the benefit of the people of the State generally and is not
intended to create in any way new or enlarged rights or to enlarge existing rights.
A determination by the Board that air OR NOISE pollution [exists] exist or that
any rule or regulation has been disregarded or violated, whether or not a
proceeding or action may be brought by the State, shall not create by reason
thereof any presumption of law or finding of fact which shall inure to or be for the
benefit of any person other than the State.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.