Ch. 488                                    1995 LAWS OF MARYLAND

14-508.

(a) Within 90 days following the completion of the public hearing under §
[6-507] 14-507 of this subtitle, and after receiving the advisory comments and
recommendations of the Secretaries of [the Environment] NATURAL RESOURCES,
Economic and Employment Development, and Transportation and the Director of
Planning, the Secretary shall decide whether to grant, grant conditionally, or deny the
permit. The Secretary's decision shall be in writing and. based upon the economic and
environmental statement, the public hearing record, and a determination that the
applicant has shown satisfactorily that the facility:

(1)     Conforms with and meets all applicable air, water, noise, and solid waste
laws of the State as determined and certified in writing by the appropriate State unit with
jurisdiction over these laws;

(2)     Conforms with adopted or approved county or local land use planning
and the official county or local comprehensive zoning map;

(3)     Conforms with the State development plan, if such plan has been
lawfully approved and adopted;

(4)     Would have no material adverse effect upon the natural environment of
the area, its scenic or natural beauty, rare or irreplaceable natural resources, or unique
historic sites;

(5)     Would not be so located or constructed as to have a material adverse
effect upon 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 any coastal zone management program developed by the
State of Maryland pursuant to the federal Coastal Zone Management Act of 1972;

(9)     Would have no material adverse effect upon critical areas identified and
designated pursuant to § 5-611 of the State Finance and Procurement Article and Article
66B, § 3.05 of the Code;

(10)   Would not impose, directly or indirectly, a substantial burden on existing
State, regional, or county public facilities beyond their respective capacities, or that new
public facilities, if necessary, either:

(i) Would not be completed in time to serve the facility; or

(ii) Would be inadequate to serve the facility without causing
overloading of the public facilities; and

(11)   Evidences fewer undesirable environmental, economic, fiscal, and
cultural consequences in its specific or general proposed location than other specific or
general locations.

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