94                                Laws of Maryland                        [Ch. 31

sixty (60) days after the time the application for a certificate of
public convenience and necessity has been filed with the Public Serv-
ice Commission, the Secretary of Natural Resources shall cause the
Department of Natural Resources and the Department of Water
Resources to complete such further studies and investigations con-
cerning, but not limited to, the necessity for dredging and filling at
the proposed plant site and the water appropriation or use and shall
forward to the Chairman of the Public Service Commission the re-
sults of such studies and investigations together with a recommenda-
tion that the certificate be denied or granted with or without such
considerations GRANTED, DENIED, OR GRANTED WITH SUCH
CONDITIONS as may reasonably be deemed necessary. The results
and recommendation shall be open to the public and shall further be
presented by the Secretary of Natural Resources or his designees
at the hearing held by the Public Service Commission as required by
Article 78.

At the conclusion of the aforesaid hearing, and based on the evi-
dence there presented, the Secretary of the Department of Natural
Resources shall within fifteen (15) days present his final recommen-
dation to the Chairman of the Public Service Commission including,
but not limited to, specific conclusions as to private wetlands if such
be involved and specific conclusions as to water use or restriction
thereof if such be involved.

Article 43
706. Permits for and registration of certain equipment required.

The Department may require by regulation that before any person
either builds, erects, alters, replaces, operates, sells, rents, or uses
any article, machine, equipment or other contrivance specified by
such regulation the use of which may cause emissions into the air,
such person shall obtain a permit to do so or be required to register
with the Department. The aforesaid provisions of this section shall
not apply to machinery and equipment which are normally used in a
mobile manner and boilers used exclusively for the operation of
steam engines related to farm and domestic use nor to generating
stations constructed by electric companies. The Secretary of Health
and Mental Hygiene upon notification from the Public Service Com-
mission of an application for a Certificate of Public Convenience and
Necessity shall prepare a recommendation in connection with the
registration or permit required by this section. Such recommendation
shall be presented at the hearing required under Article 78, Section
54A, of the Annotated Code of Maryland. The decision of the Public
Service Commission in connection with the registration or permit
shall be binding on the Secretary of Health and Mental Hygiene,
subject to judicial review as set forth in the provisions of Article
78, Section 91, subsection (a).

Article 66C

726. Permit to conduct activity not permitted by rules and regu-
lations—Application; notice and hearing.

Any person proposing to conduct an activity upon any wetland
which is not permitted by rules and regulations adopted under the
provisions of Section 722 shall file an application for a permit with
the Secretary, in such form and with such information as the