1024                                                LAWS OF MARYLAND                            [Ch. 287

SECTION FOR THEIR INTENDED APPLICATIONS.

SECTION 10. AND BE IT FURTHER ENACTED, That new
Sections 5-209(c), 5-209(d) , and 8-704(f) be and they are
hereby added to Article — Natural Resources, of the
Annotated Code of Maryland (As added by Chapter 4 of the
first 1973 Special Session of the General Assembly) to
read as follows:

Article — Natural Resources
5-209.

(C)    THE DEPARTMENT SHALL, WITH THE ENDORSEMENT OF
THE SECRETARY OF NATURAL RESOURCES AND THE SECRETARY OF
HEALTH AND MENTAL HYGIENE, AFTER A PUBLIC HEARING
FOLLOWING 60 DAYS NOTICE, ADOPT AND PUBLISH MAXIMUM SOUND
LEVEL LIMITS UNDER SPECIFIED MEASUREMENT CONDITIONS
GOVERNING THE OPERATION OF MOTOR-DRIVEN OFF-HIGHWAY
VEHICLES IN STATE PARKS AND FORESTS AND OTHER LANDS UNDER
ITS CONTROL NOT LATER THAN JANUARY 1, 1976. SUCH LIMITS
SHALL BE ESTABLISHED AT THE HOST RESTRICTIVE LEVEL
CONSISTENT WITH THE ATTAINMENT OF THE ENVIRONMENTAL NOISE
STANDARDS ADOPTED BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE WHICH IS ACHIEVABLE THROUGH THE APPLICATION OF
THE BEST AVAILABLE TECHNOLOGY AND AT A REASONABLE COST.
THE DEPARTMENT SHALL ADOPT AND ENFORCE REGULATIONS FOR
THE ADMINISTRATION AND ENFORCEMENT OF THIS SECTION,
TAKING INTO ACCOUNT ACCEPTED SCIENTIFIC AND PROFESSIONAL
METHODS FOR MEASUREMENT OF SOUND LEVELS.

(D)     (1) NO PERSON SHALL SELL OR OFFER FOR SALE,
DISTRIBUTE OR LEASE ANY NEW MOTOR-DRIVEN OFF-HIGHWAY
RECREATIONAL VEHICLE OF A TYPE NOT SUBJECT TO
REGISTRATION UNDER ARTICLE 66-1/2 OF THIS CODE THAT HAS A
MAXIMUM SOUND LEVEL POTENTIAL EXCEEDING THE SOUND LEVEL
LIMITS ESTABLISHED BY THE DEPARTMENT FOR THE MAXIMUM
ALLOWABLE NOISE EMISSIONS FROM SUCH VEHICLES.

(2)    THE DEPARTMENT SHALL, AFTER CONSULTATION WITH
THE DEPARTMENT OF TRANSPORTATION, AND WITH THE
ENDORSEMENT OF THE SECRETARY OF NATURAL RESOURCES AND
SECRETARY OF HEALTH AND MENTAL HYGIENE, AFTER A PUBLIC
HEARING FOLLOWING 60 DAYS NOTICE, ADOPT AND PUBLISH
MAXIMUM SOUND LEVEL LIMITS FOR THE VARIOUS CLASSES OF
SUCH VEHICLES NOT LATER THAN JANUARY 1, 1976. SUCH
LIMITS SHALL BE ESTABLISHED AT THE MOST RESTRICTIVE LEVEL
CONSISTENT WITH THE ENVIRONMENTAL NOISE STANDARDS ADOPTED
BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE WHICH IS
ACHIEVABLE THROUGH THE APPLICATION OF THE BEST AVAILABLE
TECHNOLOGY AND AT A REASONABLE COST.

(3)    THE DEPARTMENT SHALL ESTABLISH TEST PROCEDURES