Drilling well and disposing of well's products -- Denial of permit

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    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.


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