HARRY HUGHES, Governor                              2201

9-313. RULES AND REGULATIONS -- IN GENERAL.

(A)  POWER OF DEPARTMENT TO ADOPT.

THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SUBTITLE.

(B)  REQUIRED CONSIDERATIONS.

IN ADOPTING ANY RULE OR REGULATION UNDER THIS SUBTITLE,
THE DEPARTMENT SHALL CONSIDER:

(1) EXISTING PHYSICAL CONDITIONS;

(2) THE CHARACTER OF THE AREA INVOLVED,
INCLUDING SURROUNDING LAND USES;

(3) PRIORITY RANKING OF WATERS AS TO EFFLUENT
LIMITS;

(4) ZONING;

(5) THE NATURE OF THE EXISTING RECEIVING BODY OF
WATER;

(6) THE TECHNICAL FEASIBILITY OF MEASURING OR
REDUCING THE PARTICULAR TYPE OF WATER POLLUTION;

(7) THE ECONOMIC REASONABLENESS OF MEASURING OR
REDUCING THE PARTICULAR TYPE OF WATER POLLUTION; AND

(8) THE PURPOSES OF THIS SUBTITLE.

(C)  PERMITTED SCOPE.

EXCEPT AS THIS SUBTITLE OTHERWISE PROVIDES FOR A
PARTICULAR TYPE OF RULE OR REGULATION, A RULE OR REGULATION
ADOPTED UNDER THIS SUBTITLE MAY:

(1) IMPOSE, AS CIRCUMSTANCES REQUIRE, DIFFERENT
REQUIREMENTS FOR DIFFERENT POLLUTANT SOURCES AND FOR
DIFFERENT GEOGRAPHICAL AREAS;

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

(3) 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 HEALTH OR TO THE ENVIRONMENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former NR §