1. (1) The facility cannot handle or transfer a particular hazardous material without posing an undue risk to the environment; or

2. (2) The owner of the land or of the facility, or any person making application, has violated:

   1. (i) Any law of the federal government, of this or any other state, or of a local jurisdiction, concerning any hazardous material; or
   2. (ii) Any regulation, order, or permit condition of the federal government, of this or any other state, or of any local jurisdiction, concerning any hazardous material.

The Department may deny an application for a facility permit or for a renewal of a facility permit if the Department finds that:

Added by Acts 1992, c. 647.