1842

LAWS OF MARYLAND

Ch. 240

legislative intent behind the former language,
but in a simpler, more direct manner.

The references in former Article 43, § 828 to
environmental noise standards being adopted by
January 1, 1975, and to sound level limits being
adopted by January 1, 1976, are deleted as
obsolete.

The third sentence of former Article 43, § 824,
which stated that the joint regulations of the
Departments of Transportation and Health and
Mental Hygiene were to be adopted by July 1,
1979, is deleted as obsolete.

The balance of former Article 43, § 823(e) now
appears in § 3-101 of this title.

The balance of the first sentence of former
Article 43, § 824 now appears in § 3-103 of this

title.

3-402. SAME -- PROCEDURES FOR ADOPTION.

(A)  COMPLIANCE WITH ADMINISTRATIVE PROCEDURE ACT.

THE DEPARTMENT MAY NOT ADOPT ANY ENVIRONMENTAL NOISE
STANDARD, SOUND LEVEL LIMIT, OR NOISE CONTROL RULE OR
REGULATION UNLESS THE REQUIREMENTS OF THIS SECTION AND THE
ADMINISTRATIVE PROCEDURE ACT ARE MET.

(B)  PUBLIC HEARING.

BEFORE ADOPTING ANY PROPOSED ENVIRONMENTAL NOISE
STANDARD, SOUND LEVEL LIMIT, OR NOISE CONTROL RULE OR
REGULATION, THE DEPARTMENT SHALL ANNOUNCE AND HOLD A PUBLIC
HEARING ON THE SUBJECT.

(C)  NOTICE.

(1)  AT LEAST 60 DAYS BEFORE THE PUBLIC HEARING,
THE DEPARTMENT SHALL PUBLISH NOTICE OF THE HEARING IN A
NEWSPAPER OF GENERAL CIRCULATION WITHIN THE AREA CONCERNED.

(2)  THE NOTICE SHALL STATE:

(I)  THE DATE, TIME, AND PLACE OF THE
HEARING; AND

(II)  THE PURPOSE OF THE HEARING.

(D)  PUBLIC INSPECTION.

AT LEAST 60 DAYS BEFORE THE PUBLIC HEARING, THE
DEPARTMENT SHALL MAKE THE PROPOSED ENVIRONMENTAL NOISE