19-2-125 - Action on application for certification.
19-2-125. Action on application for certification.
(1) (a) The board shall certify the facility if, after consulting with the State TaxCommission, the board finds that:
(i) a pollution control facility or a part of a pollution control facility, for whichapplication is made under Section 19-2-124:
(A) was or is to be erected, constructed, acquired, or installed; and
(B) is designed and is being operated or will operate primarily to prevent, control, orreduce air or water pollution; and
(ii) the applicant qualifies under Section 19-2-124.
(b) If one or more facilities constitute an operational unit, the board may certify thosefacilities under one certificate.
(2) (a) The board and the State Tax Commission shall act on an application underSection 19-2-124 before the 120th day after filing.
(b) Failure of the board and the State Tax Commission to timely act constitutesautomatic acceptance of the application and the board shall furnish a certificate to the applicanton demand.
Amended by Chapter 30, 2008 General Session