Section 14-108 - Drilling well and disposing of well's products - Denial of permit; bonds. - Maryland Statutes

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

(a)  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. 

(b)  Bond.- A permit may not become effective until a bond has been deposited with the Department under § 14-111 of this subtitle. 
 

[1993, ch. 367; 1995, ch. 488, §§ 2, 16; 2005, ch. 44, § 1; ch. 440, § 3.]