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

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

2. (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:

   1. (i) The Chesapeake Bay;
   2. (ii) The Chesapeake Bay Critical Area;
   3. (iii) Tidal or nontidal wetlands;
   4. (iv) Endangered or threatened species, species in need of conservation, or the habitat of any of them;
   5. (v) Historic properties under § 5A-326 of the State Finance and Procurement Article;
   6. (vi) Populated areas;
   7. (vii) Freshwater, estuarine, or marine fisheries; or
   8. (viii) Other significant natural resources;
3. (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. (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. (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. (6) The applicant has not corrected any violations committed by the applicant under any prior permit.

Added by Acts 1993, c. 367. Renumbered from Natural Resources § 6-104.5 by Acts 1995, c. 488, § 2, eff. July 1, 1995; Acts 1995, c. 488, § 16, eff. July 1, 1995. Amended by Acts 2005, c. 44, § 1, eff. Oct. 1, 2005; Acts 2005, c. 440, § 3, eff. Oct. 1, 2005; Acts 2013, c. 568, § 1, eff. Oct. 1, 2013.