HARRY HUGHES, Governor

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constitutional in light of the Fourth Amendment, Article 26
of the State Declaration of Rights, and Barlow's and other
relevant cases.

For further discussion of the issues on warrantless
searches, see FDA, EPA, and OSHA Inspections -- Practical
Considerations in Light of Marshall v. Barlow's, Inc., 39
Md. L. Rev. 715 (1980).

Also note that, absent any statutory authorization for
the issuance of an administrative warrant for an inspection,
there exists no authority for a Maryland Court to issue an
administrative warrant. In the Matter of Milligan, October,
1978, Anne Arundel County, Judge H. Chester Goudy.

SECTION 3. AND BE IT FURTHER ENACTED, That, until
January 1, 1983, reference in this Act to "a circuit court"
for a county means the appropriate court of the Supreme
Bench of Baltimore City and the circuit court for any other
county.

SECTION 4. AND BE IT FURTHER ENACTED, That Section(s)
of the Annotated Code of Maryland be repealed, amended, or
enacted to read as follows:

Article - Natural Resources

3-111.

(a) Upon the failure of a person to comply with an
order to abate pollution provided for in Title [8 of this
article] 7, SUBTITLE 2 OR TITLE 9, SUBTITLE 3 OF THE HEALTH
- ENVIRONMENTAL ARTICLE, the Secretary of Health and Mental
Hygiene, if no remedy provided in Title [8 of this article]
7, SUBTITLE 2 OR TITLE 9, SUBTITLE 3 OF THE HEALTH -
ENVIRONMENTAL ARTICLE is sought against that person, may
direct the Service to provide projects necessary to abate
the pollution.

SUPPLEMENTAL REVISOR'S NOTE: Ch. ___, Acts of 1982,

which enacted the Health - Environmental Article,
also amended subsection (a) of this section to
correct the former references to Title 8 of this
article to references to the appropriate
subtitles of the Health - Environmental Article.

8-602.

[(a)] The Department of Natural Resources may adopt any
rule or regulation to further its general powers of
supervision over natural resources of the State, and for
proper conservation for public use, allocation, and
development of underground waters of the State. [Part II of
this subtitle denies any State municipality, county, or
other political subdivision the right to adopt and enforce