Utah Admin. Code R317-12-4 - Issuance of Certification
4.1 The
date the application is filed shall be the date of receipt by the Director of
the final item of information requested, and this filing date shall initiate
the 120-day review period under Section
19-12-303.
4.2 The Director shall issue a certification
of a Pollution Control Facility or a Freestanding Pollution Control Property to
the applicant if the Director determines that:
A. the application meets the requirements of
the Pollution Control Act in Section
19-12-101;
B. the facility or property that is the
subject of the application is a Pollution Control Facility or a Freestanding
Pollution Control Property as defined in Section
19-12-102;
C. the person who files the application is a
person described in Section
19-12-301;
and
D. the purchases or leases for
which the person seeks to claim a sales and use tax exemption are exempt under
Section
19-12-201.
4.3 If the Director denies
certification under this Section to a person who files an application, the
Director shall provide a written statement of the reason for the denial to the
person no later than 120 days after the date described in Subsection
R317-12-4.1.
4.4 The Director may
issue one certification for one or more Pollution Control Facilities or
Freestanding Pollution Control Properties that constitute an operational
unit.
4.5 If the Director does not
issue or deny a certification within 120 days of the date described in
Subsection R317-12-4.1, the Director shall issue a certification to the person
at the person's request.
Notes
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