Section 106 – Rejection of application — Notice to applicant — Resubmission procedure.

• (1) The executive director may in his sole discretion reject an application prior to accepting the application fee, and return the application fee to the applicant if:
  • (a) the executive director has reason to believe that a working relationship with the applicant cannot be achieved; or
  • (b) the application site is not eligible under Section 19-8-105.

• (2)
  • (a) The executive director may reject an application after processing the application if:
    • (i) the application is not complete or is not accurate; or
    • (ii) the applicant has not demonstrated financial capability to perform the voluntary cleanup.
  • (b) The applicant is not entitled to refund of an application fee for an application rejected under this Subsection (2).

• (3) An application rejected under Subsection (1) or (2) shall be promptly returned to the applicant with a letter of explanation.

• (4)
  • (a) If the executive director rejects an application because it is incomplete or inaccurate, the executive director shall, not later than 60 days after receipt of the application, provide to the applicant a list in writing of all information needed to make the application complete or accurate, as appropriate.
  • (b) The applicant may submit for a second time an application rejected due to inaccuracy or incompleteness without submitting an additional application fee.

Amended by Chapter 360, 2012 General Session