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

        (1)    The controlled hazardous substance facility cannot handle, treat, store, or dispose of a particular controlled hazardous substance without imposing an undue risk to the environment; or

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

            (i)    Any law of this or any other state concerning controlled hazardous substances; or

            (ii)    Any rule or regulation or permit condition of this or any other state concerning controlled hazardous substances.