2270

LAWS OF MARYLAND

Ch. 550

the powers and authority conferred by other laws upon the

Department of Health and Mental Hygiene and may not be

regarded as in derogation of any powers now existing in the
Department of Health and Mental Hygiene.

SECTION 3. AND BE IT FURTHER ENACTED, That if any
provision of this Act or the application thereof to any
person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not
affect other provisions or any other application of this Act
which can be given effect without the invalid provision or
application, and for this purpose the provisions of this Act
are declared severable.

SECTION 4. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 19, 1981.

CHAPTER 551

(Senate Bill 574)

AN ACT concerning

Nuclear Power Plants - Waste Disposal Certification

FOR the purpose of prohibiting the Public Service Commission
from issuing a certificate of public convenience or
necessity for the construction of any nuclear power
plant unless the Secretary of Health and Mental Hygiene
certifies that certain criteria have been satisfied;
defining high level nuclear waste; prohibiting the
construction of a nuclear power plant until such
certification; providing for public hearings; providing
for the General Assembly to disaffirm the Secretary's
findings under certain condition; requiring certain
State agencies to cooperate with the Secretary of
Health and Mental Hygiene in evaluating any technology
or means for the permanent disposal of high level

nuclear waste; and generally relating to the

availability of certain means for the disposal of

high level nuclear waste and the construction of

nuclear power plants in this State.

FOR the purpose of defining high level nuclear waste; and
requiring that the Public Service Commission consider
the availability of means for disposing of high level
nuclear waste wastes produced by any fossil fuel or
nonfossil fuel generating station in any proceeding on
the issuance of a certificate of public convenience and
necessity for certain nuclear generating plants.