“Department” means the Department of the Environment.

The provisions of this subtitle apply only to the storage of natural or artificial gas and petroleum products in Prince George’s County.

The Department shall prescribe rules and regulations to effectuate the provisions of this subtitle, and any permit to drill, bore, drive, dig, or otherwise conduct any operation for the storage of natural or artificial gas or petroleum products and their derivatives may contain the restrictions the Department determines necessary in the public interest to protect the waters of the State, including subsurface and percolating waters.

The following regulations are additional to the regulations prescribed by the Department and do not limit the regulatory authority of the Department granted under § 14-303 of this subtitle: Every applicant for a storage permit shall, at the time of application, file with the Department a surety bond in the amount of $1,000, payable to the Comptroller of the State on a form approved by the Department and executed by a responsible surety company authorized to do business in the State. The bond is intended to assure that necessary safety measures are maintained, and that any well or other opening used in connection with the storage project is properly sealed after abandonment of the project if this action is considered necessary by the Department to protect one or more of the natural resources of the State. Any transferee shall file a similar bond. A permeable sand or stratum containing gas, or into which gas or a liquefied petroleum derivative has been forced under pressure, may not be drilled or left open in a manner permitting an avoidable escape of gas to occur. A well connected with a storage reservoir containing either natural gas or a petroleum derivative stored under pressure, may not be situated within 50 yards of any existing building used as a residence or office. All freshwater sands penetrated in drilling to a storage reservoir shall be fully protected by cement grout placed to provide an effective seal to the nearest thick clay bed above the gas storage stratum having a thickness of at least 25 feet. In order to provide an effective seal in the nearest thick clay bed above the gas storage stratum, the clay bed shall have a thickness and other geologic properties adequate, in the opinion of the Department, to constitute sufficient protection to the potable freshwater supplies existing in any aquifers.

A person may not drill, bore, drive, dig, or otherwise conduct any operation for the purpose of obtaining access to a pocket or other underground area for the purpose of storing natural or artificial gas or petroleum products and their derivatives, unless a permit for the operation, construction, and storage has been first obtained from the Department. Nothing in this subtitle shall be construed to apply to the installation or maintenance of underground tanks or vessels commonly used to store these products.

Every application for a permit shall be accompanied by at least two copies of an accurate map prepared by a competent engineer or geologist showing the location, extent, and depth of the proposed storage place and of all wells drilled or proposed to be drilled to the storage place. A copy of the map shall be sent to the Department and it shall review the application and map to determine the presence or absence of the danger of pollution, contamination, diversion, or depletion of subsurface and percolating waters. The Department may take the testimony of any other person. It shall decide whether the granting of any application would likely endanger the public safety, health and welfare, and in accordance with its determination, grant or deny the application.

The provisions of this subtitle are enforceable by proceedings in the Circuit Court of Prince George’s County to obtain injunctive relief.

Any person who violates the provisions of this subtitle is guilty of a misdemeanor and upon conviction subject to a fine of not more than $500.