Current through Reg. 49, No. 12; March 22, 2024
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.
