STATUTORY AND REGULATORY AUTHORITIES. Department of the Environment
STATUTORY AND REGULATORY AUTHORITIES. Department of the Environment Department of Health and Mental Hygiene
STATUTORY AND REGULATORY AUTHORITIES. 13 6. Section 302(e) of the CAA, 42 U.S.C. § 7602(e), defines “person” to include “an 14 individual, corporation, partnership, association, State, municipality, political subdivision of a 15 State, and any agency, department, or instrumentality of the United States and any officer, 16 agent, or employee thereof.”
17 7. Sections 111(a)(3) and 302(z) of the CAA, 42 U.S.C. §§ 7411(a)(3), 7602(z), and 40 18 C.F.R. §§ 49.152(b) and 52.21(b)(5), define “stationary source” to mean “any building, structure, 19 facility, or installation which emits or may emit any pollutant.”
20 8. Section 111(a)(5) of the CAA, 42 U.S.C. §§ 7411(a)(5), defines “owner or 22 source.”
STATUTORY AND REGULATORY AUTHORITIES. DPR is mandated by California and federal law to protect human health and the environment by regulating pesticide sales and use and by fostering reduced-risk pest management. DPR’s strict oversight includes extensive scientific product evaluation and registration as well as statewide licensing and certification of commercial applicators, dealers, and advisers. Field enforcement of regulations governing pesticide use is carried out by the CACs under DPR’s supervision. A significant portion of each county’s funding for local pesticide field enforcement activities comes from mill assessment. Mill assessment is a fee levied on the sale of pesticides sold for use in California. Under statute and regulation, DPR collects and distributes mill assessment to the counties as partial reimbursement for their cost of carrying out the pesticide enforcement program. All persons who are the first to sell DPR-registered pesticide products in California are assessed a mill ($0.001) fee. This fee is established by statute and the rate is set through regulation. The current mill assessment rate is 21 xxxxx, or $0.021 per dollar of pesticides sold. Existing law requires DPR to reimburse counties (from the revenue collected from mill assessment) for the cost incurred in enforcing FAC Division 6 (commencing with section 11401) and FAC Division 7, Chapter 2 (including section 12979, as enacted by Chapter 1200, Statutes of 1989), Chapter 3 (commencing with section 14001), Chapter 3.4 (commencing with section 14090), Chapter 3.5 (commencing with section 14010), and Chapter 7 (commencing with section 15201). The amount distributed to the counties equals the revenue derived from 7.6 xxxxx of the total mill assessment revenue collected by DPR. FAC section 12844 requires the Director of DPR and CACs to jointly develop regulations specifying the criteria to be used in allocating the mill assessment funds to the counties. These regulations are established in Title 3 California Code of Regulations (CCR) sections 6391 through 6396. Title 3 CCR section 6396 (effective February 11, 2006) was established to provide a mechanism for disbursement of mill funds remaining after the application of CCR section 6395, minimum reimbursement (CAC baseline amount). CCR section 6396 provides that any, or all, of the residual funds may be allocated for support of restricted-materials permitting and reporting system activities or any other program element mutually agreed upon by the DPR Director and CACASA....
STATUTORY AND REGULATORY AUTHORITIES. This section describes any legal mandates for agency involvement in a particular area. Usually, a citation from the Health-General and Environment Articles of the Annotated Code of Maryland or the Code of Maryland Regulations is included. Where no citation is listed, one agency may not have a direct statutory or regulatory role but is able to contribute to the other's function because of a unique resource. Also, it is often the case that the agencies have general authority to pursue matters that have broad implications for the health of the public and the environment.
STATUTORY AND REGULATORY AUTHORITIES. Various authorities are delegated to Local Environmental Health Authorities by the Secretaries of DHMH and MDE. Some local health officials also have specific statutory authorities granted directly to them in the Annotated Code of Maryland, Health-General and Environment Articles. Local environmental health officials also respond to county and municipal ordinances.
STATUTORY AND REGULATORY AUTHORITIES. Md. Code Xxx., State Finance and Procurement Article Title 3, Subtitle 10, Managing for Results
STATUTORY AND REGULATORY AUTHORITIES. Other sections of this MOU cite various statutes and regulations pertaining to the collection and reporting of health, exposure, and environmental data. The following items specifically address the protection of public and non-public information. • Specific provisions of Md. Code Xxx. Health-General address issues of public and non- public health and medical data developed in conjunction with public health investigations: − Md. Code Xxx. Health-General §§0-000-000 (confidentiality and disclosures) − Md. Code Xxx. Health-General §§18-103 (reports and information related to communicable diseases) − Md. Code Xxx. Health-General §§18-104 (information related to cancers that are caused by carcinogens and the incidence of those cancers) − Md. Code Xxx. Health-General §§18-105 (information about diseases that are caused by toxic substances and the incidence of those diseases) − Md. Code Xxx. Health-General §§18-201 (disease reports by physicians) − Md. Code Xxx. Health-General §§18-202 (disease reports by hospitals and lodging facilities) and − Md. Code Xxx. Health-General §§18-205 (disease reporting by laboratories) − Md. Code Xxx. General Provisions § 4-329(b) (privacy of information related to medical and psychological information) • Privacy Rule Subtitle of the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA Administrative Simplification Regulation Text, 45 CFR Parts 160, 162, and 164, as amended through June 30, 2014). • Maryland State Statutes and Regulations are discussed in: The Office of the Attorney General at DHMH: “National Environmental Public Health Tracking Program - Federal Grant - Examination of Existing Legal Authority for the Collection of New Data, Integrating of Data, and Sharing of Data,” October 2003.
STATUTORY AND REGULATORY AUTHORITIES. Budget authorizations. Under Md. Code Xxx., Health-General §§17-101, 17-102, the Secretary of DHMH shall maintain public health laboratories to provide testing and regulatory support of environmental and regulatory public health programs. A public health laboratory shall provide services in connection with sewage, a trade waste, a nuisance, a water supply, milk, and any inquiry about any other matter that the Secretary requires. Under 40 CFR 142.10, the State must provide assurance to EPA of the availability to the State of laboratory facilities certified by EPA, and capable of performing analytical measurements of all contaminants specified in the State primary drinking water regulations. The status of the principle state laboratory functions are reviewed annually by EPA-Region III. DHMH-Central Laboratory, and if necessary, other laboratories, are evaluated for compliance with this mandate.
STATUTORY AND REGULATORY AUTHORITIES. Under section 2(s) of FIFRA, 7 U.S.C. §136 s), a person is any individual, 7 partnership, association, corporation, or any organized group of persons whether incorporated or 8 not.
