Current through Reg. 50, No. 13; March 28, 2025
Following submission of the information required by §
17.10 of this title (relating to
Application for Use Determination), the executive director shall determine
whether the pollution control property is used wholly or partly for the control
of air, water, and/or land pollution. 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 send notice by regular mail or electronic mail to the chief
appraiser of the appraisal district for the county in which the property is
located that the person has applied for a use determination under this
chapter.
(2) As soon as practicable
after receipt of an application for use determination, the executive director
shall send written notification informing the applicant that the application is
administratively complete or that it is deficient.
(A) If the application is not
administratively complete, the notification will specify the deficiencies, and
allow the applicant 30 days to provide a revised application with the requested
information. If the applicant does not submit the requested information within
30 days, the executive director shall take no further action on the application
and the application fee will be forfeited under §
17.20(b) of this
title (relating to Application Fees). If the first revised application is
deficient, the executive director shall send written notification informing the
applicant that the application is deficient and providing the applicant 30 days
to provide a second revised application. If the second revised application is
not administratively complete or the applicant does not provide a second
revised application within the 30 days, the executive director shall take no
further action on the application and the application fee will be forfeited
under §
17.20(b) of this
title.
(B) The executive director
may request additional technical information within 60 days of issuance of an
administrative completeness letter. If additional information is requested, the
applicant shall provide a revised application with the requested information.
If the revised application is determined to be incomplete or the applicant does
not provide the requested technical information within 30 days, the executive
director may request additional technical information or the executive director
may decide to take no further action on the application and the application fee
will be forfeited under §
17.20(b) of this
title. The executive director may not issue more than two notices of deficiency
after the issuance of an administrative completeness letter on an
application.
(C) The technical
review process is limited to a total of 230 days from the date of declaration
that the application is administratively complete. If at the end of the review
period the application is considered to be incomplete, the executive director
shall issue a negative use determination for failure to document the
eligibility of the property/equipment to receive a positive use
determination.
(D) An application
where the executive director will take no further action under subparagraph (A)
or (B) of this paragraph may be refiled by the applicant. In such cases, the
applicant shall pay the appropriate fee as required by §
17.20 of this title.
(3) For applications covering
property listed in the table in §
17.17(b) of this
title (relating to Partial Determinations), the executive director will
complete the technical review of the application within 30 days of receipt of
the required application information without regard to whether the information
required by §
17.10(d)(1) of
this title has been submitted.
(4)
The executive director shall determine whether the property is or is not used
wholly or partly to control pollution. The executive director is authorized to
grant positive use determinations for the portion 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.
(C) A letter enclosing a copy of the
determination shall be sent by regular or electronic mail to the chief
appraiser of the appraisal district for the county in which the property is
located.
