BLAIR LEE III, Acting Governor

2857

THE PROPOSED CONSTRUCTION OF ANY WELL WOULD BE PREJUDICIAL

TO HEALTH. [Also, the provisions of Part II of this
subtitle do not limit the powers of the Department of health
and Mental Hygiene or any other State unit having
jurisdiction of and supervision over the public and potable
water supplies of the State.] The rules and regulations
adopted may recognize a variation in the primary use [of
wells, and in the manner of] OR construction OF WELLS, and
of the materials penetrated in different localities.

(B) ANY RULE OR REGULATION PROPOSED BY THE DEPARTMENT

WITH RESPECT TO THE BUSINESS OF WELL DRILLING CONSTRUCTION

OF WELLS SHALL BE SUBMITTED TO THE BOARD FOR COMMENT BEFORE
ADOPTION.

8-607.

(d) The [board] BOARD shall administer and enforce
[the provisions of] Part III of this subtitle[. It] AND has
the powers expressly conferred or reasonably implied from
[the provisions of] this title. The [board] BOARD may make
and enforce rules and regulations [necessary] to carry out
the provisions of Part III of this subtitle. THE BOARD
SHALL REVIEW THE RULES AND REGULATIONS SUBMITTED TO IT BY
THE DEPARTMENT FOR BOARD COMMENT BEFORE ADOPTION BY THE
DEPARTMENT.

Article 43 - Health

399.

Whenever a system of water or sewerage, serving

the public, is directly available to any property upon which

there exists a spring, well, cesspool, privy, sink drain or
private sewerage disposal plant, which is or may become
prejudicial to health, the [State Board of Health] SECRETARY
may order [said] property to be connected with the water
supply or sewerage system, and the spring, well, cesspool,

privy sink drain or private sewerage disposal plant abandoned

and left in such a way that it cannot be [again] used [nor

become injurious to health]. The [State Board of Health

shall be] SECRETARY IS empowered to prevent the construction

of any proposed [well,] cesspool, privy, sink drain or
private sewerage disposal plant [whenever or wherever it may
deem] WHEN HE DETERMINES that the proposed construction
would be prejudicial to health. THE SECRETARY SHALL NOTIFY

THE DEPARTMENT OF NATURAL RESOURCES, AS PROVIDED IN § 8-602
OF THE NATURAL RESOURCES ARTICLE, IF HE DETERMINES THAT THE
PROPOSED CONSTRUCTION OF A WELL MAY BE PREJUDICIAL TO

HEALTH. After April 16, 1914, [no privy shall] PRIVIES MAY

NOT be built within the State of Maryland, [except] UNLESS

it [be] IS [of such construction as will] CONSTRUCTED
effectually TO prevent any contact of fecal matter with the
soil and [also] access to [such FECAL matter by flies. The
[State Board of Health shall be] SECRETARY IS the judge as
to whether [or not] any privy is built in conformity with
this rule, and if [it shall find] HE FINDS that the

regulation has not been strictly complied with, [it] HE