2110

LAWS OF MARYLAND

Ch. 240

REGULATION TO THE STATE SECRETARY OF AGRICULTURE FOR REVIEW
AND APPROVAL.

(C)  REQUIRED CONSIDERATIONS.

IN ADOPTING ANY RULE OR REGULATION, THE DEPARTMENT
SHALL CONSIDER AMONG OTHER THINGS:

(1)  EXISTING PHYSICAL CONDITIONS;

(2)  THE CHARACTER OF AN AFFECTED SPECIFIC AREA;

(3)  ZONING;

(4)  THE NATURE OF ANY EXISTING RECEIVING BODY OF
WATER; AND

(5)  THE TECHNICAL FEASIBILITY AND ECONOMIC
REASONABLENESS OF MEASURING OR REDUCING A PARTICULAR TYPE OF
WATER POLLUTION.

(D)  SCOPE OF RULE OR REGULATION.

A. RULE OR REGULATION UNDER THIS SUBTITLE MAY:

(1)  APPLY TO POLLUTANT AND HAZARDOUS SUBSTANCE
SOURCES LOCATED OUTSIDE THIS STATE THAT CAUSE, CONTRIBUTE
TO, OR THREATEN ENVIRONMENTAL DAMAGE IN THIS STATE;

(2)  MAKE SPECIAL PROVISIONS FOR ALERT AND
ABATEMENT STANDARDS AND PROCEDURES FOR OCCURRENCES OR
EMERGENCIES OF POLLUTION OR ON OTHER SHORT TERM CONDITIONS
THAT ARE AN ACUTE DANGER TO PUBLIC HEALTH OR TO THE
ENVIRONMENT; OR

(3)  SPECIFY DIFFERENT PROVISIONS AS
CIRCUMSTANCES REQUIRE FOR DIFFERENT:

(I)  POLLUTANT AND HAZARDOUS SUBSTANCE
SOURCES; AND

(II)  GEOGRAPHICAL AREAS.

(E)  SPECIFIC RULES AND REGULATIONS.

THE DEPARTMENT, BY RULE OR REGULATION, SHALL:

(1)  IDENTIFY ALL HAZARDOUS SUBSTANCES THAT ARE
CONTROLLED HAZARDOUS SUBSTANCES GOVERNED BY THIS SUBTITLE;

(2)  SET STANDARDS AND DESCRIBE TESTS TO IDENTIFY
LETHAL, TOXIC, AND OTHER INJURIOUS EFFECTS OF CONTROLLED
HAZARDOUS SUBSTANCES;

(3) SET MINIMUM DESIGN STANDARDS FOR CONTROLLED