§ 14-108. Drilling well and disposing of well's products -- Denial of permit

   The Department shall deny the permit if the Department determines that:

   (1) The proposed operation shall violate a requirement of this subtitle or a regulation adopted under this subtitle;

   (2) The proposed drilling or well operation poses a substantial threat to public safety or a risk of significant adverse environmental impact to, but not limited to, the following:

      (i) The Chesapeake Bay;

      (ii) The Chesapeake Bay Critical Area;

      (iii) Tidal or nontidal wetlands;

      (iv) Endangered or threatened species, species in need of conservation, or the habitat of any of them;

      (v) Historic properties under § 5A-326 of the State Finance and Procurement Article;

      (vi) Populated areas;

      (vii) Freshwater, estuarine, or marine fisheries; or

      (viii) Other significant natural resources;

   (3) The applicant has failed to receive applicable permits or approvals for the operation from all State and local regulatory units responsible for air and water pollution, sediment control, and zoning;

   (4) The operation will constitute a significant physical hazard to a neighboring dwelling unit, school, church, hospital, commercial or industrial building, public road, or other public or private property in existence at the time of the application for the permit;

   (5) The operation will have a significant adverse effect on the uses of a publicly owned park, forest, or recreation area in existence at the time of the application for the permit; or

   (6) The applicant has not corrected any violations committed by the applicant under any prior permit.

HISTORY: 1993, ch. 367; 1995, ch. 488, § 2, 16; 2005, ch. 44, § 1; ch. 440, § 3; 2013, ch. 568.