Title 19, Health

§342F-12 Injunctive and other relief. The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit o…

[§342F-13] Appeal. If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the acti…

§342F-14 Fees. The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs asso…

[§342F-14.5] Fees for notification. The director may establish reasonable fees for notifications and to cover the cost of implementation, recordkeeping, and any necessary inspections to ascertain compliance with the provisions of the state community noise rules. [L 1999, c 57, pt…

[§342F-15] Public records; confidential information; penalties. Reports submitted to the department on the emission of excessive noise shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential na…

[§342F-16] Nonliability of department personnel. Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance …

[§342F-17] Other action not barred. No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter. [L 1989, c 212, pt of §3]

[§342F-18] Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules and orders of the department. [L 1989, c 212, pt of §3]

[§342F-19] Other powers of department not affected. The powers, duties, and functions vested in the department under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department under any other law. [L 1989, c 212, pt of §…

[§342F-2] Administration. The department shall administer this chapter through the director. The director may delegate to any person such power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of thi…

§342F-20 Effect of laws, ordinances, and rules. Any county may adopt ordinances and rules governing any matter relating to excessive noise control as provided in section 46-17, and any conflict between state and county law shall be resolved as provided in section 46-17. [L 1989, …

[§342F-21] Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter shall in the discretion of the court receive priority in the courts of the State. [L 1989, c 212, pt of §3]

[§342F-3] Duties, rules, powers, appointment of hearings officers. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate noise pollution in the State. In the discharge of this duty, the director may make, …

PART II. NOISE CONTROL [§342F-30] Prohibition. No person, including any public body, shall engage in activity which produces excessive noise without first securing approval in writing from the director; provided that this section shall not apply to any school activity which is ap…

[§342F-30.5] Noise control. By June 30, 1996, the department shall adopt a state community noise code pursuant to chapter 91, which recognizes differences in noise level standards in urban and non-urban areas of the State and noise level standards of each county. In the event of …

§342F-30.8 Leaf blowers; weed whackers; restrictions. (a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower or weed whacker within a residential zone or within one hundred feet of a residential zo…

[§342F-31] Rules; specific. The director may establish by rule:

[§342F-31.5] Noise measurement; rules. (a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime no…

[§342F-32] Complaints; hearings; appointment of masters. The director may:

[§342F-33] Research, educational, and training programs. The director may:

§342F-4 Permits; procedures for. (a) An application for any permit required under this chapter shall be in a form prescribed by the director. (b) The department may require that applications for such permits shall be accompanied by plans, specifications, and such other informatio…

[§342F-4.5] Projects exempt from noise permit requirements. (a) Except as provided in subsection (b), any construction project: shall be exempt from the noise permit requirements of section 342F-4; provided that written notification of the intent to construct shall be submitted t…

§342F-5 Variances. (a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed description of present conditions, how present conditions do not conform to standards, and such other information as the …

[§342F-6] Inspection of premises. The director, in accordance with law, may enter and inspect any building or place to investigate an actual or suspected source of excessive noise, to ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the dep…

§342F-7 Enforcement. (a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, the director: (b) If the director determines that an…

[§342F-8] Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the director determines that an imminent peril to the public health and safety is or will be caused by excessive noise, which requires immediate action, the director, with the approval o…

§342F-9 Penalties. (a) Violation of the vehicular noise control rules adopted by the department pursuant to this chapter shall constitute a violation as defined in section 701-107 and shall be enforceable by police officers. The fine for this violation shall be not less than $25 …