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Texas SIP: 30 TAC 116.11. Permit Fees; SIP effective 1997.10.20 TXc102

Regulatory Text: 
Section 116.11.  Permit Fees. 

(As approved by EPA 08/19/97 (62 FR 44083) at 52.2270(c)(102)(i)(B) effective 10/20/97.  Left justified number before each paragraph is 40 CFR 52.2270(c) section where paragraph was last approved by EPA.  See SIP Map record for Federal Register approval date and effective date.)
52    (a) Applicability. 
63       Any person who applies for a permit to construct a new facility or to modify an existing facility pursuant to Section 116.1 of this title (relating to Construction Permit) shall remit, at the time of application for such permit, a fee based on the estimated capital cost of the project.  The fee will be determined as set forth in subsection (b) of this section (relating to Determination of Fees).  By May 31, 1986, the Executive Director shall review the fees assessed and the costs recovered pursuant to this rule and present to the Commission a report of the results of such review which shall include recommended changes to the rule as may be appropriate.  

102B  (b) Determination of fees.   See § 116.141.  Determination of Fees. 
63    (c) Payment of Fees. 
63       All permit fees will be remitted in the form of a check or money order made payable to the Texas Natural Resource Conservation Commission and delivered with the application for construction permit, special permit, or permit amendment to the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Austin, Texas 78753.  Required fees must be received before the agency will begin examination of the application.  
52    (d) Single Fee 
52       The Executive Director may elect to charge only one fee for multiple permits issued for one project if he determines that the conditions set forth in paragraphs (1) - (4) of this subsection are met. 
52       (1) all the component or separate process being permitted are integral or related to the overall project; 
52       (2) the project is under continuous construction of the component parts; 
52       (3) the permitted facilities are to be located on the same or contiguous property; 
52       (4) applications for all permits for the project must be submitted at the same time. 
63    (e) Fees not required. 
97I       Fees will not be charged for operating permits, permit revisions, amendments to special permits, standard exemptions, site approvals for permitted portable facilities, changes of ownership, or changes of location of permitted facilities. 
63    (f) Return of fees. 
97I       Fees must be paid at the time an application for construction permit, or permit amendment is submitted.  If no permit or amendment is issued by the agency or if the applicant withdraws the application prior to issuance of the permit or amendment, one-half of the fee will be refunded except that the entire fee will be refunded for any such application for which a standard exemption is allowed.  No fees will be refunded after an inadequate application has been voided or after a permit or amendment has been issued by the agency. 
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