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RULE §90.11Eligibility

(a) Except as provided in subsection (b) or (c) of this section, a person whose application to participate in an innovative program or whose application for an incentive meets the minimum standards of §90.13 of this title (relating to Application for Incentives) shall be eligible to receive regulatory incentives under this chapter.

(b) A person who has incurred a judgment in a suit brought by the Texas or United States attorney general against the site for which the person is requesting regulatory incentives, is ineligible to participate in an innovative program or to receive regulatory incentives at that site for a period of five years after the date the judgment was final.

(c) A person who has been convicted of an environmental crime regarding the site for which the person is requesting to participate in an innovative program or requesting regulatory incentives is ineligible to receive regulatory incentives through participation in an innovative program under this chapter for a period of three years after the date of the conviction.

(d) A person shall be accepted into a strategically directed regulatory structure by meeting the criteria and standards for the following:

  (1) regulatory flexibility under §90.20 of this title (relating to Regulatory Flexibility);

  (2) incentives for using an environmental management system under §90.30 of this title (relating to Minimum Standards for Environmental Management Systems);

  (3) programs authorized as innovative by the executive director;

  (4) flexible permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification); or

  (5) other programs set forth under this subchapter.

(e) Incentives provided under one innovative program do not guarantee the providing of incentives offered under another innovative program, except where those incentives are equivalent.

Source Note: The provisions of this §90.11 adopted to be effective July 19, 2012, 37 TexReg 5310

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