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:
Terms Used In Utah Code 19-8-106
Applicant: means the person:
(a)
who submits an application to participate in a voluntary cleanup agreement under this chapter; or
(b)
who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
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.
