HARRY HUGHES, Governor

1841

(1) THIS SECTION DOES NOT AUTHORIZE THE
DEPARTMENT TO ADOPT ENVIRONMENTAL NOISE STANDARDS, SOUND
LEVEL LIMITS, OR NOISE CONTROL RULES AND REGULATIONS THAT
APPLY TO NOISE FROM:

PROPERTY; OR
DEVICES.

(I)  CONSTRUCTION OR REPAIR WORK ON PUBLIC

(II)   FIRE OR RESCUE STATION ALERTING

(2) NOISE CONTROL RULES AND REGULATIONS THAT
APPLY TO DEPARTMENT OF TRANSPORTATION FACILITIES SHALL BE
ADOPTED JOINTLY BY THE DEPARTMENT OF TRANSPORTATION AND THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last half of
former Article 43, § 823(e) and the first
sentence -- except as that sentence relates to
developing a noise control plan and coordinating
all State noise control programs -- and the
entire second sentence of § 824, § 828(a) and (b)
-- except the second sentence of paragraph (1) of
that subsection -- and the reference to "fire and
rescue station alerting devices" in § 830(e).

In subsection (b)(1) of this section, language
that closely parallels the language of § 5(a)(2)
of the federal Noise Control Act of 1972 is
substituted for the former statutory cross
reference to that section. See 42 U.S.C. §
4904(a)(2).

In subsection (c)(3) of this section, the former
reference to "skeet" is deleted as unnecessary
because "skeet" is a form of "trapshooting".

Subsection (d)(l)(i) of this section is derived
from the language of former Article 43, § 824
that gave the Department power to regulate "noise
emanating from activities ... on public property
other than noise from construction or repair
work".

Subsection (d)(l)(ii) of this section is derived
from the statement in former Article 43, § 830(e)
that noise from "fire and rescue station alerting
devices" does not violate this title or the rules
and regulations adopted under this title. That
language was added to former Article 43, § 830(e)
by Ch. 577, Acts of 1975, which had as its
purpose "exempting firehouse sirens from
environmental noise control". The revised
language, therefore, gives effect to the