3074

LAWS OF MARYLAND

[Ch. 673

PUBLIC HEARING, THE DEPARTMENT SHALL GRANT, GRANT
CONDITIONALLY, OR DENY THE PERMIT. THE PERMIT SHALL BE
ISSUED ONLY IF IT IS SHOWN BY THE APPLICANT THAT THE
FACILITY:

(1)    CONFORMS WITH AND MEETS ALL APPLICABLE
AIR, WATER, NOISE, AND SOLID WASTE LAWS OF THE STATE.

(2)   CONFORMS WITH THE ADOPTED COUNTY OR LOCAL
PLAN.

(3)   CONFORMS WITH THE STATE DEVELOPMENT PLAN,
IF SUCH PLAN HAS BEEN LAWFULLY APPROVED AND ADOPTED.

(4)   WOULD HAVE NO MORE THAN A MINIMAL ADVERSE
EFFECT UPON THE NATURAL ENVIRONMENT OF THE AREA, ITS
SCENIC OR NATURAL BEAUTY, RARE OR IRREPLACEABLE NATURAL
RESOURCES, OR UNIQUE HISTORIC OR ESTHETIC SITES.

(5)   WOULD NOT BE SO LOCATED OR CONSTRUCTED AS
TO ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR
WELFARE.

(6)    WOULD NOT BE A POTENTIAL OR IMMEDIATE
UNDUE BURDEN ON THE WATER SUPPLY OF THE SITE OR REGION.

(7)   WOULD NOT MATERIALLY CONTRIBUTE TO AN
EXTANT LEVEL OF UNDUE ENVIRONMENTAL DEGRADATION OR
RESOURCE EXHAUSTION.

(8)   CONFORMS WITH THE COASTAL ZONE MANAGEMENT
PROGRAM DEVELOPED BY THE STATE OF MARYLAND PURSUANT TO §
301 (A) AND (B) OF THE FEDERAL COASTAL ZONE MANAGEMENT
ACT OF 1972.

(9)   WOULD HAVE NO MORE THAN A MINIMAL ADVERSE
EFFECT UPON CRITICAL AREAS IDENTIFIED UNDER CHAPTER 291
OF THE 1974 LAWS OF MARYLAND.

(10)      WOULD NOT IMPOSE, DIRECTLY OR
INDIRECTLY, A SUBSTANTIAL BURDEN ON STATE, REGIONAL, OR
LOCAL PUBLIC FACILITIES BEYOND THEIR RESPECTIVE
CAPACITIES.

(11)       EVIDENCES FEWER UNDESIRABLE
ENVIRONMENTAL, SOCIAL, ECONOMIC, AND CULTURAL
CONSEQUENCES IN ITS SPECIFIC OR GENERAL PROPOSED LOCATION
THAN OTHER SPECIFIC OR GENERAL LOCATIONS WITHIN OR
WITHOUT THE STATE.

IN RENDERING ITS DECISION, THE DEPARTMENT SHALL SET
OUT IN WRITING REASONS FOR ITS ACTION.

(B) THE DEPARTMENT MAY ALTER THE TERMS OF A GRANTED