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3668 JOINT RESOLUTIONS
judicial decisions which clearly transcends the
Congressional intent in enactment of Section 404 of the
1972 Federal water Quality Act (PL 92-500); and
WHEREAS, The inadequacy of the Federal program is
already evidenced by the lack of consistent and equitable
implementation across the country as well as the absence
of prompt due process to persons affected by Federal
permit procedures; and
WHEREAS, The Federal environmental protection
objectives implicit in Section 404 could be achieved
through a delegation procedure whereby states with
approved programs could administer the Federal permit
program such as now exists for Discharge Permits; and
WHEREAS, It is the intent of Congress as set out in
the Water Pollution Control Act to recognize, preserve,
and protect the primary responsibilities and rights of
states to prevent, reduce, and eliminate pollution, and
to plan the development and use of land and water
resources; and
WHEREAS, Maryland is one of 32 states that could be
immediately considered for delegation of responsibility
under Section 404 of the Water Pollution Control Act; and
WHEREAS, 46 states have expressed a desire to be
considered for delegation eventually; now, therefore, be
it
RESOLVED BY THE GENERAL ASSEMBLY OF MARYLAND, That
it petition the Congress of the United States to
eliminate the existing duplicative procedure for the
regulation of water and wetland resources pursuant to
Section 404 of PL 92-500 by delegating the Federal
authority to the states under prescribed conditions which
would insure that the State permit procedure fulfills
State and Federal legislative mandates for both resource
management and protection and due process for the
citizenry in such matters; and be it further
RESOLVED, That copies of this Resolution shall be
forwarded to each member of the Maryland delegation to
the Congress of the United States.
Approved March 31, 1977.
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No. 2
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(Senate Joint Resolution 72)
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