(a) If the applicant disagrees with any conclusion in the fund payment report, the applicant may file a protest with the executive director within 60 days of the date on the fund payment report.
(b) The protest must be in writing and signed by the applicant. It must be on a form prescribed or approved by the agency. It must contain the following:
  (1) the name and address of the applicant;
  (2) the address of the facility in question and the Texas Commission on Environmental Quality facility number, if any;
  (3) a copy of the fund payment report which is the subject of the protest, or the application number which appears on the fund payment report; and
  (4) a clear statement of each item which the applicant disputes on the fund payment report and any other documentation necessary to support the protest.
(c) The protest shall be filed with the executive director by sending or delivering it to the office indicated in the fund payment report materials.
(d) The applicant and the staff of the executive director shall attempt to resolve informally any disputes over the fund payment report. If no resolution is reached by the staff and the applicant, the applicant may file a petition requesting the commission to grant relief. Within 60 days of receipt of written notification from the agency that informal negotiations have ceased and the final informal fund protest meeting has been held, the applicant shall file a petition as specified in §334.316 of this title (relating to Formal Petition).

Source Note: The provisions of this §334.315 adopted to be effective March 4, 1992, 17 TexReg 1385; amended to be effective June 7, 1993, 18 TexReg 3293; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective November 18, 2004, 29 TexReg 10532