1696                             LAWS OF MARYLAND                        [CH. 806

sufficient to show that the enforcement thereof would be an undue
hardship upon such person; and upon such suspension of the whole
or any part of such rules RULE or regulation, an exception therefrom
shall be granted to such person.

(b)   In determining under what conditions and to what extent an
exception from such rule or regulation shall be granted, a wide dis-
cretion shall be exercised in weighing the equities involved, the ad-
vantages and disadvantages to the particular territory or location
of the State involved and to the particular operating activity involved
that would result from requiring compliance with such rule or regula-
tion or from granting such exception therefrom, and consideration
shall be given to any fact that the person who applied for such excep-
tion may have been operating an activity over a long period of time
prior to the enactment of this subtitle. Due recognition shall be given
to the progress which such person may have made during that period
in eliminating or preventing air pollution. In such a case, considera-
tion shall be given to the reasonableness of granting an exception,
conditioned upon such person's effecting a partial abatement of air
pollution or a progressive abatement of air pollution over a period of
time considered reasonable under all of the circumstances, especially
so in any case where the cost of an immediate and full compliance
would be excessive; or other and different requirements may be pre-
scribed with which the person receiving such exception shall comply.

(c) An exception from any such rule or regulation shall be granted
and the enforcement thereof shall be suspended as to any person who
shall show that any of following conditions exist in the case of such
person and the activity which such person operates: (i) that there
is not any economically practical and feasible means by which such
rule or regulation may be complied with by such person, or none that
has been proven to be effective in meeting the requirements thereof;
or (ii) that the cost to such person of complying with such rule or
regulation, and of the acquisition, installation, operation and main-
tenance of facilities and equipment with which to accomplish such
compliance, would be excessive and out of proportion to the benefits
to be obtained thereby; or (iii) that the physical layout of an estab-
lished and operating plant, building or other premises is such that
the installation of the facilities and equipment necessary to a compli-
ance with such rule or regulation by such person could not be accom-
plished in a practical way; provided, however, that an exception shall
not in any event be granted where the person applying therefor is
causing or permitting air pollution which constitutes a nuisance
affecting public health; and provided, further, that any exception so
granted shall not be so construed as to relieve the person receiving
the same from any liability imposed by other law for the commis-
sion or maintenance of a nuisance.

(d)   No exception shall be granted for more than one year, but
any exception may be continued from year to year, and shall be con-
tinued from year to year so long as any of the conditions specified
in subsection (c) shall continue to exist. Any exception may be
granted on condition that the person receiving the same shall make
reports periodically as to the progress which such person shall have
made toward reaching a compliance with such rule or regulation.

(E) NO SUSPENSION OF, OR EXCEPTION TO, ANY RULE
OR REGULATION SHALL HAVE THE EFFECT OF EXEMPT-