HARRY HUGHES, Governor

1843

STANDARD, SOUND LEVEL LIMIT, OR NOISE CONTROL RULE OR
REGULATION AVAILABLE TO THE PUBLIC.

(E) ACTION AFTER HEARING.

AFTER THE PUBLIC HEARING, THE DEPARTMENT MAY ADOPT THE
PROPOSED ENVIRONMENTAL NOISE STANDARD, SOUND LEVEL LIMIT, OR
NOISE CONTROL RULE OR REGULATION, WITH OR WITHOUT
MODIFICATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 828(c).

In subsection (a) of this section, the reference
to the Administrative Procedure Act is new
language added for clarity. See, e.g., Article
41, § 245 of the Code, which imposes requirements
that apply in "addition to other rule-making
requirements imposed by law".

In subsections (c) and (d) of this section, the

new language "at least", which modifies

references to 60 days, is added to state

explicitly that the required acts need not occur
precisely 60 days before the hearing so long as

they occur no less than 60 days before the
hearing.

As to the Administrative Procedure Act, see
Article 41, § 244 et seq. of the Code.

3-403. SAME -- ENFORCEMENT.

(A)  DUTY OF DEPARTMENT.

THE DEPARTMENT SHALL ENFORCE THE SOUND LEVEL LIMITS AND
NOISE CONTROL RULES AND REGULATIONS ADOPTED UNDER THIS
TITLE.

(B)  USE OF FACILITIES.

TO THE MAXIMUM EXTENT POSSIBLE, THE DEPARTMENT SHALL
USE THE FACILITIES AND SERVICES OF APPROPRIATE AGENCIES OF
POLITICAL SUBDIVISIONS IN ITS ENFORCEMENT UNDER THIS
SECTION.

(C)  ASSISTANCE TO POLITICAL SUBDIVISIONS.

THE DEPARTMENT MAY ASSIST THE NOISE CONTROL EFFORTS OF
ANY APPROPRIATE AGENCY OF ANY POLITICAL SUBDIVISION BY
GIVING THAT AGENCY TECHNICAL ASSISTANCE IN THE FORM OF
PERSONNEL OR EQUIPMENT.

(D) APPLICATION OF SOUND LEVEL LIMITS.