(1) Applications for certification pursuant to
this subchapter must be made on forms prescribed by DEQ. Application forms must be made available by
DOR.
(2) The applicant shall submit an original signed
application to DEQ with copies to DOR and the county commissioners of the
county in which the property is located.
Applications must contain the following information:
(a) a detailed description of the air or water
pollution equipment and how it functions to control pollution. Design or engineering drawings showing the
placement and use of the equipment must be provided;
(b) if the equipment is used for purposes other
than pollution control, a description of the extent to which the equipment is
or will be used for each purpose;
(c) itemization of capital and operating costs
associated with the equipment, with apportionment of costs to multiple
purposes, when applicable;
(d) identification of existing or pending air or
water quality permits for the equipment, and a description of the applicant's
compliance status in regard to rules, laws, orders, and permit conditions
applicable to the equipment;
(e) certification
that the applicant is in substantial compliance with all rules, laws, orders,
and permit conditions applicable to the equipment; and
(f) certification that the information provided in
the application is correct and complete.
(3) Within 45 days of receipt of an application,
DEQ shall determine whether additional information is required to make a
certification decision. If DEQ
determines that additional information is required, DEQ shall notify the
applicant in writing and specify the date by which any additional information
must be submitted. If the information
is not submitted as required, the application must be considered withdrawn
unless the applicant requests in writing, and DEQ approves, an extension of
time for submission of the additional information. DEQ may make additional
information requests within 45 days after receipt of any required additional
information, following the same procedure as the original information request. DEQ shall notify DOR and the appropriate
county commissioners of any information requests.
(4) DEQ shall issue written notice to the
applicant of the department's determination that a certification application is
complete. DEQ shall make a final
decision whether to certify within 120 days after the date it issues the notice
the application is complete. DEQ shall
provide written notice of its final determination to the applicant, DOR, and
the appropriate county commissioners.
(5) Monetary valuations or costs used by DEQ in
the certification process are for purposes of identifying qualifying portions
of the equipment, and are not binding on DOR or a county as to market value for
tax purposes.