Following submission of the information required by §18.10
of this title (relating to Application for Use Determination), the
executive director shall determine whether the pollution control property
is used wholly or partly to meet the requirements of a permit issued
by the commission. If the determination is that the property is used
partly for pollution control, the executive director shall determine
the proportion of the property used for pollution control.
(1) As soon as practicable, the executive director
shall mail written notification informing the applicant that the application
has been received and if the application is considered to be administratively
complete.
(A) If the application is not administratively complete,
the notification shall specify the deficiencies and allow the applicant
30 days to provide the requested information. If the applicant does
not submit an adequate response, the application will be sent back
to the applicant without further action by the executive director
and the application fee will be forfeited under §18.35(b) of
this title (relating to Application Fees).
(B) If an application is sent back to the applicant
under subparagraph (A) of this paragraph, the applicant may re-file
the application and pay the appropriate fee as required by §18.35(a)
of this title (relating to Application Fees).
(2) For applications which contain only property that
is listed on the Expedited Review List in §18.26 of this title
(relating to Expedited Review List), the executive director shall
complete the technical review of the application and issue the use
determination within 30 days of receipt of the required application
documents.
(3) For all other applications, within 30 days of receiving
the application, the executive director shall either issue a notification
requesting additional information or issue the final determination.
(A) If additional information is requested, the notification
shall specify the deficiencies and allow the applicant 30 days to
provide the requested information. If the applicant does not submit
an adequate response, the application will be sent back to the applicant
without further action by the executive director and the application
fee will be forfeited under §18.35(b) of this title.
(B) If an application is sent back to the applicant
under subparagraph (A) of this paragraph, the applicant may re-file
the application and pay the appropriate fee as required by §18.35(a)
of this title.
(4) The executive director shall determine whether
the property is used wholly or partly to control pollution. The executive
director is authorized to grant positive use determinations for some
or all of the property included in the application that is deemed
pollution control property.
(A) If a positive use determination is made, the executive
director shall issue a use determination letter to the applicant that
describes the proportion of the property that is pollution control
property.
(B) If a negative use determination is made, the executive
director shall issue a denial letter explaining the reason for the
denial.
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