MARVIN MANDEL, Governor                                      675

AND STOKING OF SHELLFISH BECAUSE OF THE PROXIMITY OF
THE AREA TO THE POINT OF DISCHARGE OF A SEWAGE
TREATMENT PLANT OR A POINT OF OVERFLOW OF A SEWAGE
PUMPING STATION, THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE MAY INCREASE OR DECREASE THE SIZE OF A
RESTRICTED AREA IN RELATION TO THE OPERATIONAL
EFFECTIVENESS OF THE SEWAGE TREATMENT PLANT OR SEWAGE
PUMPING STATION.

(B)   WHEN RESTRICTION EFFECTIVE. - THE ACTION OF
THE STATE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO
RESTRICT AN AREA OF WATER BECOMES EFFECTIVE
IMMEDIATELY UPON GIVING FORMAL NOTICE OF THE ACTION TO
THE DEPARTMENT. NOTICE ALSO SHALL BE GIVEN THE
APPROPRIATE GOVERNING BODY OF ANY COUNTY AFFECTED BY
THE RESTRICTION.

(C)    DEPARTMENT OF HEALTH SHALL TEST AND INSPECT
AREA. - AFTER ESTABLISHING A RESTRICTION, THE STATE
DEPARTMENT OF HEALTH SHALL TEST THE WATER IN THE
RESTRICTED AREA OR INSPECT THE SOURCE OF POLLUTION OF
THE WATER, AT LEAST TWICE MONTHLY, OR MORE FREQUENTLY
IF REQUESTED BY THE APPROPRIATE GOVERNING BODY OF ANY
COUNTY AFFECTED BY THE RESTRICTION. A COPY OF THE
REPORT OF ANALYSIS OF EVERY TEST AND INSPECTION SHALL
BE FILED PROMPTLY WITH THE APPROPRIATE GOVERNING BODY
OF EVERY COUNTY AFFECTED BY THE RESTRICTION.

(D)   LIFTING RESTRICTIONS. - WHENEVER SAMPLES OF
WATER AND SHELLFISH OF A RESTRICTED AREA INDICATE THAT
THE SHELLFISH AND WATER AGAIN COMPLY WITH STANDARDS
FOR HARVESTING SHELLFISH, THE RESTRICTIONS PROMPTLY
SHALL BE LIFTED.

(F)    DELEGATION OF AUTHORITY. - THE   SECRETARY OF
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE MAY
DELEGATE [[TO THE STATE DEPARTMENT OF HEALTH THE]]
AUTHORITY TO IMPOSE RESTRICTIONS, OR REMOVE
RESTRICTIONS NO LONGER REQUIRED. THESE ACTIONS,
HOWEVER, SHALL BE REPORTED AND CONSENTED TO BY THE
SECRETARY.

(F) EACH VIOLATION IS A SEPARATE OFFENSE. - EACH
VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE
OFFENSE PUNISHABLE AS PROVIDED BY THE PROVISIONS OF
THIS TITLE.

REVISOR'S NOTE: Subsection (a) presently appears
as the first sentence of Article 43,
section 228B(a) of the Code. New language
derived from Article 43, section 228B(b) is