1844

LAWS OF MARYLAND

Ch. 240

EACH SOUND LEVEL LIMIT SHALL BE APPLIED AT THE BOUNDARY
OF:

(1)  A PROPERTY; OR

(2)  A LAND USE CATEGORY, AS DETERMINED BY THE

DEPARTMENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 828(d) and the second sentence of (b)(1).

3-404. CORRECTIVE ORDERS.

IF THE DEPARTMENT DETERMINES THAT THERE IS. A VIOLATION
OF THIS TITLE OR ANY SOUND LEVEL LIMIT OR NOISE CONTROL RULE
OR REGULATION ADOPTED UNDER THIS TITLE, THE DEPARTMENT,
AFTER NOTICE TO THE ALLEGED VIOLATOR, MAY ISSUE A CORRECTIVE
ORDER.

REVISOR'S NOTE: This section is new language derived
from the reference to Departmental enforcement of
sound level limits and noise control rules and
regulations in former Article 43, § 828(d) and
the references to an "order" in § 830(a), (b),
and (c).

3-405. INJUNCTIVE ACTIONS.

(A)   IN GENERAL.

THE DEPARTMENT MAY BRING AN ACTION TO ENJOIN ANY
CONDUCT THAT IS A WILLFUL VIOLATION OF ANY PROVISION OF THIS
TITLE OR ANY RULE, REGULATION, OR ORDER ADOPTED OR ISSUED
UNDER THIS TITLE.

(B)  PRIOR NOTICE REQUIRED.

AN ACTION MAY NOT BE BROUGHT UNDER THIS SECTION UNLESS
THE PERSON AGAINST WHOM IT IS BROUGHT HAS BEEN GIVEN A
REASONABLE TIME TO COMPLY WITH THE PROVISION THAT IS THE
BASIS OF THE ACTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 830(a).

In subsection (b) of this section, the reasonable
time for compliance requirement is extended to
all alleged violations under subsection (a) of
this section. Literally, the second sentence of
former Article 43, § 830(a) required a reasonable
time for compliance with rules and regulations,
but was silent as to violations of the precursor