HARRY HUGHES, Governor

1839

(3)  REVIEW THE RELATIONSHIP OF STATE NOISE
CONTROL RULES AND REGULATIONS WITH OTHER ENVIRONMENTAL LAWS,
RULES, REGULATIONS, STANDARDS, AND PROGRAMS;

(4)  RECOMMEND NEW OR REVISED NOISE CONTROL
RULES, REGULATIONS, OR LEGISLATION; AND

(5)  SUBMIT AN ANNUAL REPORT TO THE STATE COUNCIL
ON THE ENVIRONMENT AND THE GENERAL ASSEMBLY.

(B) ANNUAL REPORT.

IF THE COUNCIL REQUESTS, THE ANNUAL REPORT OF THE
COMMITTEE SHALL INCLUDE A REPORT OF THE COUNCIL.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
through fifth sentences of former Article 43, §
827(d).

In subsection (a)(1) and (4) of this section, new
language is added to clarify that the Committee's
duties to review and make recommendations are
directed to noise control.

SUBTITLE 4. RULEMAKING AND ENFORCEMENT.

3-401. ENVIRONMENTAL NOISE STANDARDS, SOUND LEVEL LIMITS,
AND NOISE CONTROL RULES AND REGULATIONS -- ADOPTION.

(A)  DUTY OF DEPARTMENT.

EXCEPT AS OTHERWISE PROVIDED BY LAW, THE DEPARTMENT
SHALL ADOPT ENVIRONMENTAL NOISE STANDARDS, SOUND LEVEL
LIMITS, AND NOISE CONTROL RULES AND REGULATIONS AS NECESSARY
TO PROTECT THE PUBLIC HEALTH, THE GENERAL WELFARE, AND
PROPERTY.

(B)  ENVIRONMENTAL NOISE STANDARDS.

IN ADOPTING ENVIRONMENTAL NOISE STANDARDS, THE
DEPARTMENT SHALL CONSIDER:

(1)  INFORMATION PUBLISHED BY THE ADMINISTRATOR
OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON THE
LEVELS OF ENVIRONMENTAL NOISE THAT MUST BE ATTAINED AND
MAINTAINED IN DEFINED AREAS UNDER VARIOUS CONDITIONS TO
PROTECT PUBLIC HEALTH AND WELFARE WITH AN ADEQUATE MARGIN OF
SAFETY; AND

(2)  SCIENTIFIC INFORMATION ABOUT THE VOLUME,
FREQUENCY, DURATION, AND OTHER CHARACTERISTICS OF NOISE THAT
MAY HARM PUBLIC HEALTH, SAFETY, OR GENERAL WELFARE,
INCLUDING: