Sec. 91.655. REJECTION OF APPLICATION. (a) The commission may reject an application submitted under Section 91.654 if:
(1) a state or federal enforcement action is pending that concerns the remediation of the contaminant described in the application;
(2) a federal grant requires an enforcement action at the site;
(3) the application is incomplete or inaccurate; or
(4) the site is ineligible under Section 91.653.
(b) If an application is rejected because it is incomplete or inaccurate, the commission, not later than the 45th day after receipt of the application, shall provide the person with a list of all information needed to make the application complete or accurate. A person may resubmit an application once without submitting an additional application fee if the person resubmits the application not later than the 45th day after the date the commission issues notice that the application has been rejected.
(c) If the commission rejects the application, the commission shall:
(1) notify the person that the application has been rejected;
(2) explain the reasons for rejection of the application; and
(3) inform the person that the commission will refund half the person's application fee unless the person indicates a desire to resubmit the application.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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