There is a Department of the Environment, established as a principal department of the State government.

The head of the Department is the Secretary of the Environment, who shall be appointed by the Governor with the advice and consent of the Senate. The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters. The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary. The Secretary shall establish the general policy for and adopt standards to promote and guide the development of the environmental services of the State. The Secretary is responsible for the environmental interests of the people of the State and shall supervise generally the administration of the environmental laws of the State. The Secretary is entitled to the salary provided in the State budget.

With the approval of the Governor, the Secretary shall appoint a deputy secretary. The deputy secretary serves at the pleasure of the Secretary. The deputy secretary is entitled to the salary provided in the State budget. The deputy secretary has the duties provided by law or delegated by the Secretary. The Secretary may employ a staff in accordance with the State budget. Each assistant secretary, staff assistant to the Secretary, and professional consultant is appointed by and serves at the pleasure of the Secretary. Unless otherwise provided by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article. The appointment or removal of staff of any unit in the Department is subject to the approval of the Secretary. As to any unit in the Department, the Secretary may delegate this authority to the head of that unit.

The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department. The Secretary may adopt rules and regulations to carry out the provisions of law that are within the jurisdiction of the Secretary. The Secretary shall review and may revise the rules and regulations of: Each unit in the Department that is authorized by law to adopt rules and regulations; and The Department. The Secretary may create an advisory board for the Department. The Secretary shall determine the size of the advisory board. The members shall be representative of the different professional areas or fields of endeavor with which the Department is concerned. The Secretary may create any advisory council that the Secretary considers necessary and assign appropriate functions to it. The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates. The Secretary shall keep fully apprised of plans, proposals, and projects of each unit in the Department and, except as expressly provided otherwise, may approve, disapprove, or modify any of them. Each unit in the Department shall report to the Secretary as provided in the rules, regulations, or written directives that the Secretary adopts. Except as expressly provided otherwise, the Secretary may transfer, by rule, regulation, or written directive, any function, staff, or funds from any unit in the Department to the office of the Secretary or another unit in the Department. Any staff transferred to the office of the Secretary shall be provided space, equipment, and services by the unit from which it was transferred, unless the Secretary orders removal to another location for the proper and efficient functioning of that office. The Secretary may apply for, receive, and spend grants-in-aid by the federal government or any of its agencies or any other federal funds made available to the Department for use in carrying out the powers and duties of the Secretary or the Department. Except as otherwise provided by law, the Secretary shall pay all money collected by the Department under this article into the General Fund of this State. The Secretary or a designee of the Secretary may subpoena any person or evidence, administer oaths, and take depositions and other testimony. If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Secretary or designee, a court of competent jurisdiction may compel obedience to the order or subpoena or compel testimony or the production of evidence. A witness who is subpoenaed at the request of the Secretary or designee is entitled to receive the same fees and mileage provided for by law in civil cases. However, a witness who is subpoenaed at the request of any other party is not entitled to fees or mileage, unless the Secretary or designee certifies that the testimony was material to the matter investigated. The fee and mileage paid under this subsection shall be audited and paid by this State in the same way other expenses are audited and paid and shall be charged to the general appropriation for the Department. The Secretary or any agent or employee of the Secretary may enter, at any reasonable hour, a place of business or public premises if the entry is necessary to carry out a duty under this article. A person may not deny or interfere with an entry under this subsection. A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. The Secretary shall carry out and enforce the provisions of this article, the rules and regulations of the Department, and any other provisions of law that relate to the Secretary or the Department.

The Secretary shall investigate: The influence of locality, employment, habit, and other conditions on health; and The causes of diseases and mortality to the extent that they may relate to environmental factors. The Secretary may adopt procedures to obtain information about cancers that are caused by environmental carcinogens and toxic substances and about the incidence of these diseases.

The following units, among other units, are included in the Department: Air Quality Control Advisory Council; Hazardous Substances Advisory Council; Radiation Control Advisory Board; Science and Health Advisory Group; Board of Waterworks and Waste System Operators; Board of Well Drillers; Hazardous Waste Facilities Siting Board; Marine Contractors Licensing Board; and Board of On–Site Wastewater Professionals.

The Attorney General is legal adviser to the Department. The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel. The Attorney General also shall designate an assistant Attorney General as counsel to the Department. The counsel to the Department may have no duty other than to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.