| (a) Upon a request by the applicant at any
time before the application is referred to the State Office of Administrative
Hearings (SOAH), the executive director shall allow the withdrawal
of the application and shall file a written acknowledgment of the
withdrawal with the chief clerk. If the application has been scheduled
for a commission meeting, the chief clerk shall remove it from the
commission's agenda. For purposes of this rule, an application is
referred to SOAH when the commission votes during a public meeting
for referral or when the executive director or the applicant file
a request to refer with the chief clerk under §55.210 of this
title (relating to Direct Referrals).
(b) Applications filed before September 1, 2015, for
which chief clerk mailed the executive director's preliminary decision
and notice of a draft permit under §39.419 of this title (relating
to Notice of Application and Preliminary Decision) that are subsequently
withdrawn by the applicant are governed by the commission's rules
as they existed immediately before September 1, 2015, and those rules
are continued in effect for that purpose if the application is refiled
with the commission and the executive director determines the resubmitted
application is substantially similar to the withdrawn application.
For purposes of making this determination, the executive director
may consider the following information contained in the withdrawn
application and the refiled application:
(1) the name of the applicant;
(2) the location or proposed location of the construction,
activity or discharge, to be authorized by the application;
(3) the air contaminants to be emitted;
(4) the area to be served by a wastewater treatment
facility;
(5) the volume and nature of the wastewater to be treated
by a wastewater treatment facility;
(6) the volume and type of waste to be disposed;
(7) changes in methods of treatment or disposal of
waste; or
(8) any other factor the executive director determines
is relevant to this determination.
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