Application for certification of a pollution control facility.

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  • (1) The following may apply to the director for certification of a pollution control facility erected, constructed, installed, or acquired, or to be erected, constructed, installed, or acquired:
    • (a) an owner, including a contract purchaser, of a trade or business that includes a pollution control facility;
    • (b) a person who, as a lessee or in accordance with an agreement, conducts a trade or business that includes a pollution control facility; or
    • (c) a person who operates a pollution control facility in accordance with an agreement with a person described in Subsection (1)(a) or (b).
  • (2) A person may file an application under this section after:
    • (a) the person enters into a firm construction contract with another person; or
    • (b) construction has commenced.
  • (3) An application for certification under this section shall:
    • (a) be in a form the director prescribes; and
    • (b) contain:
      • (i) a description of the pollution control facility;
      • (ii) for a purchase or lease of property, a part, a product, or a service for which a person seeks to claim a sales and use tax exemption under Section 19-12-201, a description of the property, part, product, or service;
      • (iii) the existing or proposed operation procedure for the pollution control facility; and
      • (iv) a statement of the purpose served or to be served by the pollution control facility.
  • (4) The director may require an application to contain additional information the director finds necessary to determine whether to grant certification under Section 19-12-303.
  • (5) This section does not apply to the certification of freestanding pollution control property.




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