TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 180 PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES
SECTION 180.203 PRELIMINARY REVIEW OF THE APPLICATION


 

Section 180.203  Preliminary Review of the Application

 

a)         Within five working days of receipt of the application, the Agency shall make a determination to accept the application for review; to reject the application as incomplete, based on the requirements of Section 180.202; or to reject the application as outside the scope of relief provided by provisional variances, applying the criteria in Section 180.301

 

b)         If the application if rejected, notice of such rejection shall be given to the applicant by certified mail, return receipt requested.  This notice of rejection shall include an explanation of the Agency's decision.

 

1)         Upon receipt of a notice of rejection for incompleteness, the applicant may submit a complete application, which will initiate the review process again.

 

2)         Upon receipt of a notice of rejection as not within the scope of relief of provisional variances, the applicant may apply to the Board for a variance pursuant to Section 35(a) of the Act.

 

c)         If the applicant is accepted as complete and within the scope of relief provided by provisional variances, review shall proceed pursuant to Subpart C.  The Agency shall give notice to the Board of written applications which are accepted.