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.
Structure Maryland Statutes
Section 14-101 - Legislative Findings
Section 14-103 - Authority of Department to Adopt Rules and Regulations
Section 14-105 - Drilling Well and Disposing of Well's Products -- Application for Permit
Section 14-106 - Drilling Well and Disposing of Well's Products -- Bifurcation of Process
Section 14-107.1 - Hydraulic Fracturing Prohibited
Section 14-108 - Drilling Well and Disposing of Well's Products -- Denial of Permit
Section 14-109 - Seismic Operations; Permit Required; Use of Explosives
Section 14-110 - Conditions on Permits
Section 14-110.1 - Presumptive Impact Areas Around Gas Wells
Section 14-111 - Duties of Permittee
Section 14-112 - Location of Wells
Section 14-113 - Payment of Royalties When Leased Land Included Under Unit Agreement
Section 14-114 - Rules, Regulations, and Orders of Department
Section 14-117 - Appeal From Department's Decisions
Section 14-119 - Gas to Be Metered
Section 14-121 - Inspection of Coalbed Methane Production