BLAIR LEE III, Acting Governor

1783

(C)    AFTER PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC
HEARING, THE DEPARTMENT MAY ISSUE A PERMIT FOR THE
APPROPRIATION OR USE OF GEOTHERMAL RESOURCES IF IT FINDS
THAT THE APPLICANT HAS DEMONSTRATED THAT THE USE:

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

(2)    CONFORMS WITH ALL APPLICABLE STATE AND
LOCAL PLANS.

(3)    WOULD HAVE NO MATERIAL ADVERSE EFFECT UPON
THE NATURAL ENVIRONMENT OF THE AREA, ITS SCENIC OR NATURAL
BEAUTY, RARE OR IRREPLACEABLE RESOURCES, OR UNIQUE HISTORIC
SITE.

(4)    WOULD NOT BE SO LOCATED, CONSTRUCTED, OR
OPERATED AS TO HAVE A MATERIAL ADVERSE EFFECT UPON THE
PUBLIC HEALTH, SAFETY, OR WELFARE.

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

(6)    WOULD NOT CAUSE AN UNREASONABLE RATE OF
RESOURCE EXHAUSTION.

(D)    THE PERMIT REQUIRED BY THIS SECTION SHALL BE IN
LIEU OF ANY PERMIT REQUIRED BY TITLE 8, SUBTITLES 6 AND 8.

8-8A-06. BONDS.

AFTER RECEIVING NOTIFICATION FROM THE DEPARTMENT THAT
AN APPLICATION FOR AN EXPLORATORY OR APPROPRIATION PERMIT
HAS BEEN APPROVED, BUT PRIOR TO COMMENCING ANY CONSTRUCTION,
THE APPLICANT SHALL FILE A BOND WITH THE DEPARTMENT. THE
AMOUNT OF THE BOND SHALL BE DETERMINED BY THE DEPARTMENT.
THE BOND SHALL BE CONDITIONED THAT THE APPLICANT WILL
FAITHFULLY PERFORM EVERY REQUIREMENT OF THIS SUBTITLE AND
RULES AND REGULATIONS ISSUED PURSUANT TO THIS SUBTITLE. THE
BOND SHALL BE EXECUTED BY THE APPLICANT AND A CORPORATE
SURETY LICENSED TO DO BUSINESS IN THIS STATE. THE
PROVISIONS OF THIS SECTION DO NOT APPLY TO THE STATE,
POLITICAL SUBDIVISIONS, OR MUNICIPALITIES.

8-8A-07. JUDICIAL REVIEW OF ACTION ON APPLICATION.

A REQUEST FOR JUDICIAL REVIEW OF THE SECRETARY'S ACTION
ON ANY APPLICATION SHALL BE MADE WITHIN 30 DAYS AFTER THE
DECISION HAS BEEN RENDERED. PROCEEDINGS SHALL BE FILED IN
THE CIRCUIT COURT OR IN THE BALTIMORE CITY COURT HAVING
JURISDICTION IN WHICH THE FACILITY OR ANY PART OF IT IS TO
BE SITUATED.

8-8A-08. VIOLATIONS; INJUNCTIONS; PENALTY.

(A) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE MAY BE ENJOINED BY A COURT OF COMPETENT