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MARVIN MANDEL, Governor 219
OCCUPANTS OF LAND NEAR AIRPORTS.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 1A,
§7-705 (a) and the first clause of the first
sentence of Art. 1A, §8-803(b).
5-803. RESERVED.
PART II. STATEWIDE REGULATIONS.
5-804. LIMITS FOR CUMULATIVE NOISE EXPOSURE.
(A) ADMINISTRATOR TO ADOPT LIMITS.
WITH THE ENDORSEMENT OF THE SECRETARY OF
TRANSPORTATION AND THE SECRETARY OF HEALTH AND MENTAL
HYGIENE AND AFTER A PUBLIC HEARING FOLLOWING 60 DAYS
NOTICE, THE ADMINISTRATOR SHALL ADOPT REGULATIONS THAT
ESTABLISH LIMITS FOR CUMULATIVE NOISE EXPOSURE FOR
RESIDENTIAL AND OTHER LANE USES ON THE BASIS OF THE NOISE
SENSITIVITY OF A GIVEN LAND USE.
(B) SCOPE OF LIMITS.
IN ADOPTING LIMITS UNDER THIS SECTION, THE
ADMINISTRATOR SHALL:
(1) CONSIDER:
(I) THE GENERAL HEALTH AND WELFARE;
(II) THE RIGHTS OF PROPERTY OWNERS;
(III) ACCEPTED SCIENTIFIC AND PROFESSIONAL
STANDARDS; AND
(IV) THE RECOMMENDATIONS OF THE FEDERAL
AVIATION ADMINISTRATION AND ENVIRONMENTAL PROTECTION
AGENCY; AND
(2) SET THE LIMITS AT THE MOST RESTRICTIVE
LEVEL THAT, THROUGH THE APPLICATION OF THE BEST AVAILABLE
TECHNOLOGY AT A REASONABLE COST AND WITHOUT IMPAIRING THE
SAFETY OF FLIGHT, IS CONSISTENT WITH ATTAINING THE
ENVIRONMENTAL NOISE STANDARDS ADOPTED BY THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §7-705(c).
In subsection (a) of this section, the present
deadline for adoption of the limits is deleted
as obsolete. The required limits for
cumulative noise exposure have been adopted,
effective August 6, 1975.
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The only other changes are in style.
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