1. (a) Fees shall be remitted with each application for a use determination as required in paragraphs (1) - (2) of this subsection.

   1. (1) Tier I Application. A $150 fee shall be charged for applications which contain only property that is listed in Part A of the figure in §18.25(a) of this title (relating to Equipment and Categories List) or is necessary for the installation or operation of an item listed on the Equipment and Categories List (ECL), as long as the application seeks no variance from the percentage listed on the ECL.
   2. (2) Tier II Application. A $500 fee shall be charged for applications for property not listed in Part A of the figure located in §18.25(a) of this title.
2. (b) Fees shall be forfeited for applications for use determination which are sent back under §18.15 of this title (relating to Application Review Schedule). An applicant who submits an insufficient fee will receive a deficiency notice in accordance with the procedures in §18.15 of this title. The fee must be remitted with the response to the deficiency notice before the application will be deemed administratively complete.
3. (c) All fees shall either be remitted in the form of a check or money order made payable to the Texas Commission on Environmental Quality or by electronic funds transfer by using the commission's ePay system.
4. (d) The check, money order, or electronic funds transfer receipt must be delivered with the application to the commission at the address listed on the application form.

Source Note:The provisions of this §18.35 adopted to be effective February 7, 2008, 33 TexReg 943.