(a) The executive director may add a surcharge for
an expedited application filed under Chapter 106, 116, or 122 of this
title (relating to Permits by Rule; Control of Air Pollution by Permits
for New Construction or Modification; and Federal Operating Permits
Program, respectively) in an amount sufficient to cover the expenses
incurred by expediting it, including overtime, full-time equivalent
commission employees, contract labor, and other costs.
(b) Any surcharge will be remitted in the form of a
check, certified check, electronic funds transfer, or money order
made payable to the Texas Commission on Environmental Quality (TCEQ)
or TCEQ and delivered with the application to the TCEQ, P.O. Box 13088,
MC 214, Austin, Texas 78711-3088. Applications filed under Chapter
106, 116, or 122 of this title as described in this subchapter will
not be considered for expedited processing until the surcharge is
received.
(c) If the cost of processing an expedited application
under this subchapter exceeds the collected surcharge amount, the
executive director may assess and collect additional surcharge(s)
from the applicant to cover the additional costs of expediting the
permit. The executive director will not grant final approval under
Chapter 106, 116, or 122 of this title if an outstanding surcharge
amount is due.
(d) The executive director may refund any unused portion
of the surcharge.
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